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Primary Care Providers Win Challenge of CMS Interpretation of Enhanced Payment Law

With the help and support of the Tennessee Medical Association, 21 Tennessee physicians of underserved communities joined together and retained Bass, Berry & Sims to file suit against the Centers for Medicare & Medicaid Services to stop improper collection efforts. Our team, led by David King, was successful in halting efforts to recoup TennCare payments that were used legitimately to expand services in communities that needed them. Read more

Tennessee Medical Association & Bass, Berry & Sims

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Thought Leadership

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Thought Leadership Spotlight

Healthcare Transactions: Year in Review 2018Last year, CVS Health Corp. (NYSE: CVS) announced it would purchase health insurer Aetna Inc. (NYSE: AET) for $67.5 billion, a transaction that would be one of the biggest healthcare mergers in the past decade. The transaction raises an intriguing question: is this the beginning of a transformational shift in healthcare?

Recently, members of our healthcare group authored the Healthcare Transactions: Year in Review outlining 2017 M&A activity and drivers in the following hot healthcare sectors:

• Managed Care
• Hospitals
• Post-Acute Care—Home Health & Hospice
• Ambulatory Surgery Centers (ASCs)
• Healthcare Information Technology (HIT)
• Behavioral Health
• Physician Practice Management

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Pennsylvania's New Non-Resident Pharmacy Licensure Requirement

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October 8, 2015

Soon, Pennsylvania will become the 50th state to require non-resident pharmacy licensure. On October 7, 2015, Pennsylvania Governor Tom Wolf approved House Bill 75, which requires non-resident pharmacies to register with the Pennsylvania Board of Pharmacy (the "Board") before delivering prescriptions to Pennsylvania patients. Although the law takes effect on December 6, 2015, the Board may delay enforcement of the requirement until the Board can create and finalize a non-resident pharmacy licensure process.

Pennsylvania licensure will impose additional compliance requirements for non-resident pharmacies. For example, a licensed non-resident pharmacy must:

  • Maintain a toll-free telephone number through which the patient can access a pharmacist and operational during the pharmacy's regular hours of operation, but not less than six days per week for a minimum of 40 hours per week;
  • Affix this toll-free telephone number to the prescription label;
  • Notify the Board within 30 days of final disposition of any disciplinary action taken by the licensing agency in the non-resident pharmacy's home state; and
  • Notify the Board within 30 days of a change in location or pharmacist-in-charge.

House Bill 75 also creates new requirements for Pennsylvania pharmacies. Pennsylvania pharmacies licensed in other states must now disclose such licensure pursuant to the Pennsylvania license renewal process. The Board will note any non-resident license on the pharmacy's record, and any such non-resident state shall be notified by the Board of any disciplinary action taken against the pharmacy in Pennsylvania. Finally, resident pharmacies are required to report to the Board any disciplinary action taken against the pharmacy in another state within 30 days of final disposition.

Once the non-resident licensure requirement takes full effect, every pharmacy located outside Pennsylvania that delivers prescriptions to Pennsylvania patients or advertises in Pennsylvania will be required to obtain a non-resident pharmacy license. If you have questions about Pennsylvania's new non-resident licensure requirement, please contact the authors of this alert or any member of our Specialty Pharmacy team.


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