This month, the Health Resources and Services Administration (HRSA) issued additional 340B Program compliance audit results and its final rule on the orphan drug exclusion—clarifying several matters relevant to 340B covered entities amid continuing Program expansion and scrutiny by industry stakeholders. The federal 340B Drug-Pricing Program requires pharmaceutical manufacturers […]
Publications
Physician Licensure Discipline – Narcotics and Pain Management
on Wednesday, 31 July 2013 in
Publications
Recent Nebraska disciplinary actions based on lax physician narcotic prescription practices suggest that it would be worthwhile for hospital and clinic medical staff to review their states’ published guidance on pain management practices. Not only do lax narcotic prescription practices place licensure at risk, but disciplinary action short of license […]
Other State-Specific Developments
on Tuesday, 23 July 2013 in
Publications
Iowa The Iowa Civil Rights Commission recently prevailed in a district court action alleging an apartment complex’s management company’s employees subjected two former tenants to harassment and other discriminatory treatment based on their sexual orientation. After a maintenance technician discovered the two men were sharing a one-bedroom apartment, he verbally […]
Supreme Court Issues Two Pro-Employer Title VII Decisions
on Tuesday, 23 July 2013 in
Publications
On June 24, 2013, the United States Supreme Court, in two 5-4 decisions, narrowed the scope of employer-liability under Title VII of the Civil Rights Act of 1964 in retaliation and harassment claims. In each case, the Court rejected the broader standard for which the Equal Employment Opportunity Commission advocated. […]
Eighth Circuit Finds Pretext When Employer Fires Employee For Yelling But Did Not Ordinarily Fire Other Employees For the Same Reason
on Tuesday, 23 July 2013 in
Publications
An employer can generally avoid liability in an age discrimination lawsuit if it can articulate a legitimate, non-discriminatory reason for its actions. Examples of legitimate non-discriminatory reasons for terminations are poor performance, misconduct and insubordination. Articulating a legitimate, non-discriminatory reason is an effective way to win summary judgment in a […]
