Viewpoints High Courts Opinion On Health Care Fraud Creates Uncertainty Updated Thinking

first_img From its initial discovery in Ugandan forests nearly 70 years ago, Zika virus has emerged as a worldwide public health crisis, with active transmission in more than 40 countries in the Americas and Caribbean. On February 1, 2016, the World Health Organization (WHO) declared a Public Health Emergency of International Concern (PHEIC), concerned about clusters of microcephaly and Guillain-Barré syndrome (GBS). A week later, the Centers for Disease Control and Prevention (CDC) triggered the highest “level 1” activation of its emergency operations center, and President Obama requested $1.86 billion in emergency funding.1 On April 7, the WHO reported there is scientific consensus that Zika is a cause of microcephaly and GBS. (Lawrence O. Gostin and James G. Hodge Jr., 6/14) Lexington Herald-Leader: Bad Ruling On Reproductive Rights In Ky. St. Louis Post-Dispatch: Congress Passes A Not-Very-Good Toxic Chemical Bill The Washington Post: Mosquitoes Don’t Just Spread The Zika Virus. They May Be Helping An Older Killer Reemerge. Bloomberg: No Takeover Premium, No Problem As we explore the social determinants of health, we are discovering some very important things. One is that compared with other developed countries, the United States spends a much higher proportion of resources on medical services to treat people than on social services that improve the prospects for good health. Research shows that countries placing a greater emphasis on social services rather than medical care have better health outcomes. Recent research comparing spending on health and social services among US states also found that spending relatively more on social services is significantly related to better health outcomes. (Stuart Butler, 6/15) JAMA: Implementing MACRA Implications For Physicians And For Physician Leadership JAMA: Is The United States Prepared For A Major Zika Virus Outbreak? The situation is bad. So families should start planning for what to do if a family member develops Alzheimer ’s disease. The incidence of the disease has become devastating, and the numbers are projected to grow. Estimates are only 25 percent of those with the condition have been diagnosed. (J. Brendan Ryan, 6/16) Spending on prescription drugs has risen sharply in the United States over the past 2 years.1 Although thousandfold price increases for a few generic products in limited use have attracted much attention, overall spending growth has been driven more by the widespread use of costly new agents such as sofosbuvir (Sovaldi) and cumulative markups in prices of common brand-name drugs such as rosuvastatin (Crestor), imatinib (Gleevec), and etanercept (Enbrel). Coverage of these products has strained payers’ budgets, forcing difficult funding choices. (Ameet Sarpatwari, Jerry Avorn and Aaron S. Kesselheim, 6/16) The New York Times: Soda Tax Passes In Philadelphia. Advocates Ask: Who’s Next? The New England Journal Of Medicine: Beyond Bathrooms — Meeting The Health Needs Of Transgender People Yellow fever is a virus spread by Aedes mosquitos (which also spread Zika, dengue and chikungunya). Although most cases are mild, about 15 percent of patients progress to a more serious stage marked by jaundice, from which yellow fever takes its name. Until the 20th century, yellow fever was one of the world’s most feared diseases — a major killer and threat to commerce. Historical efforts to fight yellow fever laid the groundwork for our current public-health policies and disease-control strategies, both nationally and internationally. (Mara Pillinger, 6/16) On April 27, the Centers for Medicare & Medicaid Services (CMS) released the highly anticipated 962-page proposed rule1 for implementing the Medicare Access and CHIP Reauthorization Act (MACRA). MACRA will overhaul Medicare’s physician payment system starting in 2019, placing most physicians in the Merit-Based Incentive Payment System (MIPS), a pay-for-performance system that adjusts payments based on measures derived from prior care. Physicians can be exempt from MIPS and receive bonus payments by demonstrating sufficient participation in advanced alternative payment models (APMs), which are intended to support greater flexibility in care delivery alongside greater accountability for efficiency and care improvement. (Jeffrey D. Clough and Mark McClellan, 6/14) The New England Journal Of Medicine: Wollschlaeger V. Governor Of Florida — The First Amendment, Physician Speech, And Firearm Safety “A swimming pool in the ICU? You must be nuts.” The nurse’s voice was almost lost amid the whooshing ventilator and infusion pumps. Five days earlier, we had admitted Bennie, a Vietnam veteran, to the intensive care unit of our VA hospital in Nashville, Tenn. Frail and wrinkled, he had a look of utter confusion and a furrowed brow that would pluck the heartstrings of even the most calloused physician. Decades spent in Southern tobacco fields left him looking old enough to remember Hoover’s presidency. Double pneumonia and too much sedation made him delirious. (E. Wesley Ely, 6/16) San Jose Mercury News: Cresanti: Drug Cost Transparency Will Kill Patients, Jobs Bloomberg: U.S. Health-Care Law Just Got Even More Confusing The Supreme Court is supposed to take appellate cases to make the law clearer. Today’s opinion on health-care fraud had the opposite effect. Instead of spelling out exactly when a misrepresentation in health-care billing counts as a legal violation, the court said that sometimes it is and sometimes it isn’t. The result introduces new uncertainty in the law instead of greater clarity. (Noah Feldman, 6/16) On June 21, 2016, the full 11th Circuit Court of Appeals will hear arguments in Wollschlaeger v. Governor of Florida, which challenges a Florida law regulating physicians’ speech related to patients’ gun ownership. A decision by the court on the merits will most likely have broad implications both for states’ ability to regulate physicians’ speech and physicians’ efforts to protect patients from firearm-related injuries, which in 2014 in the United States, included more than 33,000 deaths, most of which (21,334) were suicides. (Wendy E. Parmet, Jason A. Smith and Matthew J. Miller, 6/16) Forty times, city or state governments had proposed taxes on sugary soft drinks, failing each time. Then, in 2014, liberal Berkeley, Calif., passed such a tax, but most people saw it as an aberration. Several measures, including one in New York, never won much support. But on Thursday, a measure to tax sweetened drinks passed in Philadelphia, one of the country’s largest cities — and also one of its poorest. Indeed, raising revenue was the winning argument in Philadelphia. (Margot Sanger-Katz, 6/16) center_img Don’t get me wrong. We should be concerned about the human immunodeficiency virus (HIV) and AIDS, its deadly consequence if left untreated. But we should not be fearful of acquiring HIV through a blood transfusion. Thanks to highly sensitive blood tests, conservative estimates place the risk of acquiring HIV through a transfusion as at most 1 in 1,000,000. (Benjamin Mazer, 6/16) Today’s murk is a criminal and civil insider trading case against Sanjay Valvani, a portfolio manager at Visium Asset Management, and Gordon Johnston, a former FDA official (from 1987 through 1999) who, at the time of the alleged insider trading (2010 to 2011), was vice president of the Generic Drug Trade Association. He was also working as a consultant for Visium, on a retainer of $5,000 a month. Johnston, who has pleaded guilty to the charges, called up an official in the FDA’s Office of Generic Drugs and asked him if it was going to approve some drugs. The official told him, and then he allegedly told Valvani. Then Valvani traded in the stocks of companies that made those drugs, or their brand-name competitors. (Matt Levine, 6/16) A Court of Appeals ruling allowing the Bevin administration to shut down one of only two abortion providers in Kentucky misses the constitutional forest for the regulatory trees. Fayette Circuit Judge Ernesto Scorsone ruled in March that closing the EMW Women’s Clinic in Lexington even temporarily would “have a severe, adverse impact on the women in the Eastern part of the state.” In overruling Scorsone, a three-judge panel discounted the impact on Kentucky women, then went on to conclude preposterously that “this is not about a woman’s right to an abortion” and “the Cabinet is not seeking to prevent women from obtaining abortions.” (6/16) Viewpoints: High Court’s Opinion On Health Care Fraud Creates Uncertainty; Updated Thinking About Addiction A selection of opinions on health care from around the country. Bloomberg: Hedge-Fund Consultant Bantered For Insider Information Reuters: Transgender People Face Challenges For Adequate Health Care: Study Stat: We Are Not Viruses: Don’t Limit Gay Men From Donating Blood Millions of transgender people around the world face major challenges in getting adequate medical care despite multiple health issues, from depression to high rates of HIV, researchers say. (Lih Yi, 7/17) In 1980, our roads were seven times deadlier than our drugs. But in 2008, drug overdoses surpassed car crashes to become the No. 1 cause of accidental death in the U.S., killing almost 50,000 Americans in 2014, the latest year on record. This epidemic is due almost entirely to the alarming rise of one class of drugs: Opioids, which include prescription painkillers and heroin, killed nearly 30,000 Americans in 2014, up from just under 10,000 in 2001. Once considered a relic of the 1970s, heroin in particular has seen a peculiar and deadly resurgence, as more patients become dependent on prescription opioid painkillers and switch to heroin when their prescriptions run out. Between 2010 and 2014, heroin overdoses tripled. (David M. Cordani, 6/16) Just when you’re fed up with the United States Congress (approval rating: 11 percent) comes word that it has passed and sent to the president an overhaul of the 1976 Toxic Chemicals and Substances Act, generally regarded as the weakest environmental law on the books. And it only took 10 years. The Environmental Protection Agency is now free to begin testing 64,000 household chemicals to determine how dangerous some of them are. But lest the EPA get carried away with its new powers, the new law restricts the agency to testing only 20 chemicals at a time, with a maximum testing period of seven years. (6/16) Cincinnati Enquirer: Planning In Case A Loved One Develops Alzheimer’s JAMA Forum: Using Intermediaries To Improve Health The Wall Street Journal: Rehabbing Our Ideas About Addiction The New England Journal Of Medicine: State Initiatives To Control Medication Costs — Can Transparency Legislation Help? One might have to go back to the era of racial desegregation of U.S. bathrooms to find a time when toilets received so much attention. Recently, several states have debated or passed legislation requiring people to use the public bathroom corresponding to their sex as “identified at birth” or “stated on a person’s birth certificate.”1,2 Some supporters of these laws have focused on the fear that male stalkers will claim to be transgender women in order to victimize girls and women in restrooms. Others have expressed vitriol and revulsion toward transgender people, describing them as “sexual predators,” “voyeurs,” and “pedophiles.” Although transgender people have been characterized as dangerous, it is transgender people who have generally been the victims of verbal harassment and physical assaults when trying to use public bathrooms. (Mark A. Schuster, Sari L. Reisner and Sarah E. Onorato, 6/15) The Wall Street Journal: ‘A Swimming Pool In The ICU?’ When news broke last week about a possible merger of AmSurg and Envision Healthcare, investors were betting that the deal between the two big U.S. hospital-services providers would be arranged as a typical takeover, with at least some sort of stock price bump for Envision. That sent Envision’s shares surging more than 8 percent to their highest levels of the year. (Brooke Sutherland, 6/16) American research firms develop dozens of such advanced, targeted drugs each year. But that flow of lifesaving discoveries could soon cease if some short-sighted lawmakers continue their opportunistic and uninformed crusade against the U.S. pharmaceutical industry. California lawmakers, for instance, are considering a bill — SB 1010, introduced by Sen. Ed Hernandez (D-West Covina) — that would require pharmaceutical companies to disclose marketing budgets, public research funding grants, and reams of other information related to their development and sales of prescription medicines. … The laws, if passed, will hinder research and discourage developers from creating the kinds of cutting-edge drugs that saved Wood’s life. (Robert Cresanti, 6/16) This is part of the KHN Morning Briefing, a summary of health policy coverage from major news organizations. Sign up for an email subscription.last_img read more

When Used In Surgery Robots Can Hasten Recovery Biotech Startups See Promise

first_img Mammograms have been responsible for alerting thousands of women of the presence of breast cancer, but a new test is even more effective for women with dense breasts. The process, called molecular breast imaging, is performed in conjunction with a traditional mammogram and helps identify cancer that test may have missed. It is estimated that half of all women have dense breasts, and in their mammograms tissue shows up white, the same color as a tumor. (Welsh, 9/15) This is part of the KHN Morning Briefing, a summary of health policy coverage from major news organizations. Sign up for an email subscription. Miami Herald: New Breast Cancer Test Could Save More Lives Than Mammograms Dr. Jason Hochfelder, an orthopedic surgeon affiliated with Phelps Memorial Hospital Center in Sleepy Hollow, performed the Lower Hudson Valley’s first robotic-assisted total knee replacement operation at Phelps early this year. And in 2015, an advanced Navio-robotic-assisted partial knee replacement surgery was performed for the first time in New York state at Northern Westchester Hospital in Mount Kisco, according to Dr. Victor Khabie, chief of the department of surgical services and co-director of the Orthopedic and Spine Institute at the hospital. (Sowder, 9/15) Bloomberg: Why Sweat Is The Future Of Biotech center_img When Used In Surgery, Robots Can Hasten Recovery; Biotech Startups See Promise In Sweat Also in the news, a new breast cancer test — molecular breast imaging — when paired with traditional mammograms is effective in identifying cancer that otherwise would have be missed in women with dense breasts. The Journal News: Robotic Surgery Speeds Recovery Commercially, sweat holds enormous promise for some biotech startups that see in sweat glands the same kind of foundational technology that could spark new health-monitoring applications, much as silicon chips helped pioneer a profusion of electronic gadgetry. The possibilities of sweat are clear: Strap a sophisticated sweat-detector patch on your arm and watch detailed data on your biochemistry gush forth on a tablet or smartphone, alerting you to a medical peril before illness or injury strike. Dehydration, stress, muscle cramping, and depression, for example, are just four of numerous maladies that reveal their presence with chemical markers in blood—and sweat. (Bachman, 9/16) last_img read more

Elaphe EV has no motors gearboxes or transmission onboard

Source: Electric Vehicles Magazine Source: Elaphe Propulsion Technologies Elaphe’s four in-wheel motors put down a combined 6,000 Nm of torque and 440 kW of peak power. All the power electronics, controls and motors used in the R8 prototype were developed and built in-house.The team at Elaphe has been working on EV motors for over a decade, and has now shifted its focus from bespoke powertrain solutions to ramping up manufacturing operations to support mass production. The company has established manufacturing operations in China with a capacity of 20,000 units per year, and is currently seeking the funding to increase capacity over the next two years. There’s a new breed of EV in testing at an undisclosed location in Europe. Elaphe Propulsion, an EU-based manufacturer of in-wheel electric propulsion systems, has built a prototype vehicle, based on an Audi R8 space-frame chassis, that uses no dedicated space on the car for the powertrain.Elaphe’s configuration squeezes the motors into the existing space inside the wheels, and uses no gearboxes or transmission. The motors are tiny – just 2 cm thick and 6 cm wide – and look like a pair of rings.According to Elaphe, in-wheel motor technology eliminates the need to integrate motors with an existing powertrain, and also reduces the efficiency losses and latency that come with longer, more complex powertrains.In 2017, Elaphe unveiled an SUV prototype with in-wheel motors that weighed over 2.4 tons, and accelerated from 0-60 in less than 4.8 seconds.This time, Elaphe’s engineers wanted to break the 3-second threshold using only direct-drive in-wheel motors. The new vehicle is still in development, but the latest video of the testing shows the prototype burning rubber during its first acceleration test. The preliminary prototype, using only the available torque with no control tuning, brings the car from 0 to 60 in just over 3.5 seconds. read more

Tesla proposes microgrids with solar and batteries to power Greek islands

first_imgTesla has met with the Greek government to propose ways to modernize the electric grid of the country’s many islands in the Mediterranean sea with microgrids and renewable energy to reduce their dependence on fossil fuels. more…The post Tesla proposes microgrids with solar and batteries to power Greek islands appeared first on Electrek. Source: Charge Forwardlast_img

Kia Niro EV Electric Crossover Sells Out In UK New Deliveries Delayed

first_imgKia e-Niro is production constrained – no surprise here.Kia e-Niro sells like hot cakes – nothing strange after the tsunami of positive reviews – but the South Korean manufacturer encountered a supply chain bottleneck.The number of e-Niro allocated to particular markets is limited while deliveries could be significantly delayed, according to the latest news.In the UK, for example, the initial batch of 900 e-Niro was ordered within several weeks and customers probably will need to wait until the end of the year to order some from another batch (probably for delivery in 2020).Kia e-Niro What Car? Names Kia Niro EV 2019 Car of the Year Autogefühl Tests Kia Niro EV: Finds Lots Of Pros, Few Cons Source: Electric Vehicle News Some say that the problem is in limited battery supplies. The worst thing is that the restraining factor is expected to remain for at least 12-18 more months, which must be frustrating for such an excellent car.“Deliveries for the new Kia e-Niro were supposed to commence in April. However, as a result of the e-Niro’s popularity and the production bottleneck, buyers who managed to snag one of the initial 900-model run may have to wait until the end of 2019 before taking delivery.John Hargreaves, Kia’s head of fleet and remarketing, said the battery pack supply chain issue is likely to remain “a restraining factor for at least another 12 to 18 months.”Source: 2019 Kia Niro EV Electric Crossover Overview: Video Author Liberty Access TechnologiesPosted on February 7, 2019Categories Electric Vehicle Newslast_img read more

Tacita Racks Up 75000 Miles On Its Electric Motorcycle

first_img New Zero Motorcycles SR/F Specs Leave Harley-Davidson In The Dust Can-Am Owner Buys Alta Motors’ Assets: Is It The End? 5 Reasons To Buy An Electric Motorcycle In addition to range, one of the major concerns people have with electric motorcycles is how long their batteries will last. While it’s easy enough to put gas in your tank, you don’t usually have to worry about the tank getting smaller over time, or no longer being able to hold fuel at all. Essentially, this is exactly what happens with a dead battery. As time goes on, and the battery goes through many charge/discharge cycles, it won’t take as much power in a full charge as it did when it was new. Eventually, something will short out, and it won’t charge at all, requiring an expensive replacement. Gasoline-powered motorcycles don’t have this problem. Even a rusty fuel tank is easily patched or replaced.Tacita is trying hard to dispell concerns about batteries having a short life and frequent replacements. Since 2014, Tacita has been using the same batteries in one particular test bike, which has now covered more than 120,000 kilometers (about 75,000 miles). This is farther than many motorcycles even live, regardless of power source. The old batteries are still going strong, Tacita says. It has made modifications to the test bike over the years to deliver power in such a way that helps to preserve the battery while still providing good performance.Another consideration is that these batteries are still going strong using five-year-old technology. Batteries have improved a great deal over the past five years, thanks to the push to put more electric vehicles on the road. The batteries in a new electric motorcycle, regardless of brand, will likely work even better than this particular Tacita’s older technology.As technology improves, the disadvantages of electric vehicles are becoming less and less of an issue. If only charging can be made nearly as convenient as filling up a tank of gas, they can become a viable alternative for any gas-powered motorcycle rather than an expensive toy.Source: This proves that battery life is not a concern with electric bikes.Critics of electric vehicles often cite the inevitable high cost of replacing the battery as a major disadvantage. Indeed, even a used Tesla battery can go for more than $25,000, more than many affordable new cars. Batteries don’t last forever. It seems like my house always has at least one smoke detector beeping at me because its battery died so quickly. Italian manufacturer Tacita has taken on the challenge of proving the naysayers wrong.center_img Source: Electric Vehicle News More E-Bikes Author Liberty Access TechnologiesPosted on March 5, 2019Categories Electric Vehicle Newslast_img read more

DOJ Tells DC Circuit – Hands Off Our DPAs

first_imgThis February post highlighted Judge Richard Leon’s (D.D.C) refusal to rubber stamp a DOJ deferred prosecution agreement in U.S. v. Fokker Services (an enforcement action which resolved criminal charges against Fokker for unlawfully exporting U.S. origin goods and services to Iran, Sudan, and Burma via a DPA).Although the action was not an Foreign Corrupt Practices Act action, NPAs and DPAs are the predominate way in which the DOJ resolves FCPA enforcement actions against business organization.Thus the appeal in Fokker Services is certainly worth watching.Recently the DOJ filed this opening brief in which it argued that courts need to keep their hands off of DOJ DPAs.In summary fashion, the DOJ argues as follows (internal citations omitted).“As early in the Nation’s history as the year 1800, then-Congressman (later Chief Justice) John Marshall explained in a speech before the House of Representatives that, under the principle of prosecutorial discretion, the Executive Branch possesses “an indubitable and a constitutional power” to “direct that the criminal be prosecuted no farther.” “This is no interference with judicial decisions,” Marshall explained, “nor any invasion of the province of a court.” Id. Making a similar point in a more recent decision, this Court explained that, “when the government is challenged for not bringing as extensive an action as it might, a district judge must be careful not to exceed his or her constitutional role.” The decision below violates this separation-of-powers principle by improperly interfering with the Executive Branch’s exercise of prosecutorial discretion in a criminal case. Whether through appellate review under the collateral-order doctrine, or by issuing a writ of mandamus, this Court should reverse the district court’s aggrandizement of its judicial role well beyond settled constitutional limits.It is well-established that the Executive Branch has broad discretion to determine when to prosecute an individual for violation of the criminal laws. That principle applies in a variety of different contexts, such as the dismissal of criminal charges, evaluation of plea agreements, and even review of consent decrees and similar civil agreements. Courts, including this Court, have repeatedly stressed the bedrock principle that Article III courts cannot intrude upon the prosecutorial discretion of the Executive Branch.The principle is equally applicable in the context of a DPA negotiated to exclude time under the Speedy Trial Act. The text, structure, and history of the Speedy Trial Act establish that district courts have authority to review DPAs to ensure that they have been negotiated “for the purpose of allowing the defendant to demonstrate his good conduct.” Nothing in the Speedy Trial Act suggests that Congress altered the established prosecutorial-discretion framework by authorizing district courts to review intrusively the terms of DPAs for excessive leniency toward defendants. Indeed, to the extent that the Act is ambiguous about the scope of district-court review, it must be construed to avoid any clash with established principles of constitutional law.Measured against this yardstick, the district court’s order was clearly erroneous. The court expressly premised its decision on its view that the government had been too lenient toward the corporate defendant — as well as, remarkably, its surprise that the government did not prosecute any individual corporate officers. Nothing within the district court’s supervisory powers allows it to intrude on the prosecutorial function and violate the separation of powers in this fashion.”See here for Fokker Services opening brief.last_img read more

Issues To Consider From The Embraer Enforcement Action

first_imgThis previous post went in-depth into the Foreign Corrupt Practices Act enforcement action against Embraer.This post continues the analysis by highlighting additional issues to consider from the enforcement action.TimelineIn previous SEC filings Embraer stated: “In September, 2010, we received a subpoena from the Securities and Exchange Commission, or SEC, and associated inquiries from the U.S. Department of Justice, or DOJ, concerning possible non-compliance with the U.S. Foreign Corrupt Practice Act, or FCPA, in relation to certain aircraft sales outside of Brazil.”Thus from start to finish Embraer’s FCPA scrutiny lasted over six years.If the DOJ/SEC want the public to view its FCPA enforcement program as legitimate, credible, and effective, it must resolve instances of FCPA scrutiny much faster particularly against companies that “fully cooperate with the DOJ’s investigation” (as the DOJ stated Embraer did).U.S. Government ContractorEmbraer was an egregious FCPA enforcement action. Among other things, the alleged conduct involved active participation by high-level executives across multiple corporate divisions and improper conduct in multiple countries.I stated in my November 2010 FCPA testimony to the Senate that one of the more concerning aspects of FCPA enforcement is the extent to which the U.S. government continues to do business with companies under FCPA scrutiny and/or companies that have resolved FCPA enforcement action where the underlying conduct is egregious.Embraer is yet another example highlighting this concern.Since September 2010 when Embraer became the subject of FCPA scrutiny, the U.S. government has awarded the company hundreds of millions in U.S. government contracts. See here, here, here.Third PartiesLike most corporate FCPA enforcement actions, the Embraer action involved use of third parties to facilitate the bribery schemes. As a result, both the DOJ and SEC enforcement actions contain several allegations about Embraer’s deficient internal controls related to third parties.Like most corporate FCPA enforcement actions, there is an element of assumed causation embedded in the allegations (in other words, if only the company had conducted due diligence, if only the third party had experience, etc. the improper conduct would not have happened).Nevertheless, the resolution documents do contain a checklist of sorts for companies to consult to measure third party compliance best practices.In the words of the DOJ:“Embraer had no internal accounting controls that, among other things, (a) required adequate due diligence for the retention of third-party consultants and agent; (b) required a fully executed contract with a third-party before payment could be made to it; (c) required documentation or other proof that services had been rendered by a third-party before payment could be made to it; or (d) implemented oversight of the payment process to ensure that payments were made pursuant to appropriate controls ….”In the words of the SEC:“During the relevant time period, Embraer’s policies, procedures, or controls required that all commitments above a certain sum with third parties have a formal, written contract. However, Embraer did not enter into a written contract with the Dominican Official, the Saudi Arabian Official, the Mozambican Official, or the Indian Agent even though these individuals were the intended beneficiaries of the payments referred to in this complaint. Similarly, Embraer’s code of ethics and internal company directives required due diligence on sales representatives or agents, such as checking corporate documentation and publicly available information, gathering evidence of access to the customer or market, and inquiring whether the representative or agent was recommended by government officials. In each of the schemes described in this Complaint, the bribes and improper payments involved were transacted through third parties. Critical steps that Embraer’s internal process at the time required, such as checking publicly available information about the third parties’ access to customers or relevant markets, were either ignored or circumvented. The information obtained, had these steps been taken, would have alerted Embraer employees that some or all of the agents identified in this Complaint lacked any experience or expertise in the aviation industry or access to the relevant markets in question.”Government FunctionThe Saudi Arabia and Mozambique conduct alleged in the enforcement action concerned alleged payments to individuals at alleged state-owned or state-controlled airlines that the DOJ stated “performed a government function.”In U.S. v. Esquenazi, the only legal decision of precedent that directly addressed the meaning of “foreign official, the 11th Circuit stated:“An ‘instrumentality’ [under the FCPA] is an entity controlled by the government of a foreign country that performs a function the controlling government treats as its own. Certainly, what constitutes control and what constitutes a function the government treats as its own are fact-bound questions. It would be unwise and likely impossible to exhaustively answer them in the abstract.”As to function, the 11th Circuit stated that in deciding if the entity performs a function the government treats as its own, Courts and juries should examine whetherthe entity has a monopoly over the function it exists to carry out;whether the government subsidizes the costs associated with the entity providing services;whether the entity provides services to the public at large in the foreign country; andwhether the public and the government of that foreign country generally perceive the entity to be performing a governmental function.A few days after the Embraer enforcement action, Saudi Armaco issued this statement:“Saudi Aramco confirmed …, as a follow-up to recently published reports by the media about a corruption case involving Embraer S.A., a Brazilian company, that its internal auditing activities that took place a few years ago revealed irregularities of the transaction that occurred between Brazilian Embraer S.A. and Saudi Aramco.With significant and extensive assistance from the Saudi Ministry of Interior authorities, Saudi Aramco’s internal investigations established that a former Saudi Aramco employee was involved in receiving a bribe in return for facilitating the purchase of three aircrafts from Embraer. These findings led the company to apply maximum disciplinary actions against its former employee per its policies. The matter was further referred by the company to the relevant national authorities and concurrently Saudi Aramco suspended all business dealings with Embraer since that time.The case dates back to 2012 when Saudi Aramco conducted an internal audit process of a transaction which led to identifying certain violations. This prompted Saudi Aramco to proactively initiate an internal investigation with the cooperation of concerned authorities in Saudi Arabia. The investigation confirmed the involvement of the former employee in these violations. Consequently, Saudi Aramco took appropriate measures against the involved former employee and referred the case to competent government authorities and cooperated in revealing all entities involved in this case.Saudi Aramco also cooperated with international agencies which were conducting similar investigations into Embraer’s transactions. This cooperation also contributed to revealing the circumstances of the case and its international network. Although Saudi Aramco has ceased all future dealings with Embraer and excluded them from any future business, the company is taking appropriate legal measures against Embraer over the aforementioned violations upon the completion of the ongoing investigations by all other agencies.”last_img read more

Come For The FCPA Stay For The Music FCPA Institute – Nashville

first_imgCould someone in your firm or organization benefit from a two-day, active learning experience devoted to the Foreign Corrupt Practices Act?If so, please consider the FCPA Institute in Nashville on May 4-5.Since 2014, the FCPA Institute has elevated the FCPA knowledge and practical skills of a diverse group of over 100 professionals through active learning.The below video introduces you to the FCPA Institute; how the FCPA Institute is different than other FCPA conferences; the substantive knowledge and practical skills participants gain by attending the FCPA Institute; and what prior FCPA Institute “graduates” have said about their experience. In short, the FCPA Institute is offered as a refreshing and cost-effective alternative to a typical FCPA conference and is designed to elevate the FCPA learning experience for a diverse group of professionals such as in-house and outside counsel; compliance personnel; finance, accounting, and auditing professionals; business executives and others seeking sophisticated FCPA information.At the end of the FCPA Institute, participants can elect to have their knowledge assessed and can earn a certificate of completion upon passing a written assessment tool. In this way, successful completion of the FCPA Institute represents a value-added credential for professional development. In addition, attorneys who complete the FCPA Institute are eligible to receive Continuing Legal Education credits and prior FCPA Institute participants have successfully obtained continuing education units from the Society of Corporate Compliance and Ethics.This link contains more information about the FCPA Institute – Nashville including what prior FCPA Institute “graduates” have said about their experience.Come for the FCPA, stay for the music: FCPA Institute – Nashville (May 4-5). To register click here.last_img read more

Downtime FCPA Listening List

first_img Learn More & Register FCPA Institute – Boston (Oct. 3-4) A unique two-day learning experience ideal for a diverse group of professionals seeking to elevate their FCPA knowledge and practical skills through active learning. Learn more, spend less. CLE credit is available. Traveling for the Thanksgiving holiday and have some downtime for listening?Consider the FCPA Flash podcast.Simply need a reason to excuse yourself early from the family gathering?The FCPA Flash podcast can help with that as well.The FCPA Flash podcast was launched in February 2016 and has quickly become a leading podcast devoted to Foreign Corrupt Practices Act issues. Sponsored by Kroll, FCPA Flash provides in an audio format the same fresh, candid, and informed commentary about the FCPA and related topics as readers have come to expect from written posts on FCPA Professor.What makes FCPA Flash worth your listen is the roster of highly experienced guests who offer candid expert commentary on the top FCPA (and related) issues of the day. Check out the below episodes to elevate your FCPA knowledge, sophistication, and practical skills.Kara BrockmeyerIn this episode, Kara Brockmeyer (Chief of the SEC’s FCPA Unit between 2011 – 2017) looks back at her time at the SEC including what she views as the most significant matters / trends; discusses a few items that, in her view, are not well-understood or appreciated about the SEC’s FCPA enforcement program; explains theories of enforcement regarding the FCPA’s internal controls provisions; and shares insights regarding the SEC’s whistleblower program relevant to the FCPA.David BitkowerIn this episode, David Bitkower (former Principal Deputy Assistant Attorney General for the DOJ Criminal Division and current partner at Jenner & Block) discusses multilateral bribery settlements including whether it is ever appropriate for the U.S. to bring FCPA enforcement actions against foreign companies from OECD Convention countries. Bitkower also discusses whether the FCPA, as it approaches 40, has been successful in achieving its stated objectives.Neil SmithIn this episode, Neil Smith (former senior counsel in the SEC Enforcement Division and member of the SEC’s FCPA Unit and current partner at K&L Gates) discusses: SEC remedies in FCPA enforcement actions, the SEC’s theory of enforcement around the FCPA’s internal controls provisions, the impact of the Supreme Court’s recent Kokesh decision on SEC FCPA enforcement, and changes to the FCPA and FCPA enforcement that he would like to see.Claudius SokenuThis episode is a conversation with Claudius Sokenu. Sokenu is among a small number of individuals who has experienced the FCPA from three different vantage points. First, Sokenu was Senior Counsel at the SEC’s Enforcement Division where he worked on FCPA matters. Second, Sokenu was a partner at various leading law firms where his practiced focused on the FCPA. Currently, Sokenu is Deputy General Counsel and Global Head of Compliance at Andeavor.Richard GrimeIn this episode, Richard Grime (Gibson, Dunn & Crutcher and former Assistant Director of SEC Enforcement) discusses: (i) reasons for the general increase in FCPA enforcement (among the reasons mentioned is “the government has realized this is a money-winner”; (ii) whether FCPA enforcement, including the internal control’s provisions, has been pushed beyond the breaking point (in Grime’s words yes it has and “almost any conduct becomes subject to an enforcement vehicle”); and (iii) whether long, drawn-out FCPA investigations can be avoided. The episode is a must listen if you want to hear informed and candid commentary about the current FCPA enforcement landscape from someone who used to enforce the FCPA.Joseph CovingtonIn this episode, Joseph Covington (Smith Pachter and former head of the DOJ’s de facto FCPA unit in the early 1980’s) discusses “early” FCPA enforcement and offers a candid assessment of how FCPA enforcement has changed; whether the FCPA has been successful in achieving its objective of reducing bribery; and why he continues to support an FCPA compliance defense. The episode is a must listen for anyone seeking a better understanding of the DOJ’s “early” enforcement of the FCPA.Jay DardenIn this episode, Jay Darden (Paul Hastings and former Assistant Chief of the DOJ’s Fraud Section) discusses what FCPA practitioners need to understand about being a DOJ FCPA attorney and along the same lines what DOJ FCPA enforcement attorneys need to understand about being an FCPA practitioner. Darden also provides a list of things he would change about the FCPA or FCPA enforcement and comments on recent FCPA enforcement actions concerning internship and hiring practices.Paul PelletierIn this episode, Paul Pellletier (former Principal Deputy Chief of the DOJ’s fraud section) discusses the long time periods often associated with FCPA inquiries, FCPA investigative costs, and how the DOJ can best allocate its resources to fight bribery.Paul CalliIn this episode, Paul Calli (an FCPA practitioner who has successfully defended individuals in FCPA trials) discusses the DOJ’s rather dismal FCPA trial court record and what it says about the DOJ’s modern FCPA enforcement program and how the DOJ measures success.Billy JacobsonIn this episode, Billy Jacobson (Orrick and a former Assistant Chief in the DOJ’s FCPA Unit) discusses the DOJ’s FCPA “pilot program” announced in April 2016, his policy suggestions for more effective FCPA enforcement, an FCPA compliance defense and what the FCPA might look like if it was passed today (instead of 1977), and whether a business organization should put the DOJ to its burden of proof.Homer MoyerIn this episode Homer Moyer (Miller & Chevalier) discusses whether the FCPA has been “successful,” the pros and cons of recent FCPA enforcement trends, various aspects of the DOJ’s FCPA “pilot” program, the typical length of FCPA scrutiny, and the costs of investigating potential FCPA violations.Matthew WagstaffIn this episode, Matthew Wagstaff (Joint Head of Bribery and Corruption at the U.K. Serious Fraud Office) discusses: (i) whether the Bribery Act’s adequate procedures defense has motivated corporates to adopt best practices compliance policies and procedures to a greater extent than prior to the Bribery Act; (ii) the U.K. deferred prosecution agreement regime; and (iii) the meaning of “success” of an anti-corruption law.David OgdenIn this episode, David Ogden (WilmerHale and a former DOJ Deputy Attorney General) elaborates on a speech (see herefor the prior post) in which he criticized the DOJ’s “leverage based” enforcement approach. Specifically, Ogden discusses a wide range of negative consequences which flow from the DOJ’s enforcement approach.(All FCPA Flash podcast episodes are available here).last_img read more

HayBoo Advises in 500 Million Marcellus Shale Acquisition

first_img Password Not a subscriber? Sign up for The Texas Lawbook. Remember me Dallas-based Chief Oil & Gas and its working interest partners have acquired MKR Holdings LLC from a subsidiary of Chesapeake Energy Corporation for about $500 million . . .You must be a subscriber to The Texas Lawbook to access this content.center_img Username Lost your password?last_img

Will Shipping Turn in 2020

first_img « Portugal’s Miracle? COMMENT: HI MA,Well, I know you’ve written about Germany many times as the next big country in Euro to hit the skids…I kept with Italy for a long period BUT now it is neck and neck…What changed my mind?   Independent of your writings…. It is shipping…there are a significant amount of German banks in shipping finance and that sector is coming unglued fast and there is no reversal in sight… and with the car sector in Germany as you have noted  Germany is coming up behind Italy rather fast IMHO….IT is a 2 horse race in my book… Socrates already knows which country is going to hit skids first…YEP, Turkey has a very bad smell under it… Some European banks exposure to Turkey is going to result in them getting their arses kicked.   Just add in ECB stupid policy to help the problem…  How that ex G Sachs person was named ECB head and there isn’t/hasn’t been a revolve from European banks towards HIM I’LL NEVER KNOW…  THEY are asleep at the wheel over there in Euroland MA (and not just in Europe I might add.. try Australia also), Europeans sending billions to US of A only goes to show some investors know the game is up in Europe ..and now lies eco ruins and perhaps WAR.Cheers and have a Happy Easter,Thanks for everything..what a world we live in….FREPLY: As car sales drop sharply, shipping is also declining. The Baltic Dry Index appears to be in a position to rally with the turn in the ECM come 2020. When Bonds Become Money »center_img Categories: Economics Tags: Auto, EU Crisis, German manufacturing, Germany last_img read more

Inslee Meets with Trump While Vowing to Fight for Marijuana2017 Special Olympics

first_imgWashington Governor Jay Inslee and other governors from across the country met with President Trump this past weekend during the National Governor’s Association Winter Meeting in D.C.Inslee says they didn’t get a chance to meet with Attorney General Jeff Sessions and there were no conversations about legal marijuana in Washington, but he sees his mission as clear.“We will be diligent in protecting the public’s will and the largely successful effort now to have an integrated, consumer-friendly market that instead of putting money in the criminals’ pockets is helping our schools and drug education.”Marijuana is legal in eight states.last_img

KIYATEC enrolls first patients with solid tumors in clinical study of its

first_imgJun 20 2018KIYATEC, Inc. today announced the enrollment of the first patients in a U.S. clinical study of its Ex Vivo 3D drug response assay (EV3D™) across several difficult-to-treat solid tumors.The 3D-PREDICT clinical study has been initiated at the Cancer Institute of Greenville Health System (GHS) with the goal of recruiting 640 patients across additional clinical sites to be added in the future.The 3D-PREDICT Study is a prospective, open-label, multi-institutional, non-interventional study to validate the EV3D assay for clinical use and to investigate the impact on outcomes for cancer patients with both newly diagnosed and recurrent epithelial ovarian cancer and recurrent high-grade gliomas, which include glioblastomas (GBM). Over the next year or so, the study will expand to include patients with newly diagnosed high-grade gliomas, high-grade rare tumors and triple negative breast cancer. The primary objectives of the study are to establish correlation between assay predicted drug response and patient clinical outcomes, and to measure the potential impact of the assay on therapeutic decision-making. The study is anticipated to continue through 2022. Details on the trial can be found on StoriesUnited Nations sounds alarm bell on drug-resistant infectionsA ‘homing beacon’ for cancer drugsMathematical model helps quantify metastatic cell behaviorThe EV3D assay platform assesses a patient’s own cancer cells within a biologically relevant 3D culture microenvironment to provide individualized response prediction to specific therapeutic agents. In this study, the therapeutic agents predicted consist of available, guideline recommended drug options for each cancer type.”As an institution, we’ve supported KIYATEC’s pilot clinical studies by providing over 450 samples of cancer tissues spanning the multiple tumor types they are testing and our clinical investigators are ready to take this important next step,” said Larry Gluck, MD, Medical Director of the GHS Cancer Institute. “Patients with recurrent ovarian cancer and recurrent GBM are among those with the most challenging prognosis at every cancer center around the country. The fact that KIYATEC is offering us a new tool in these very difficult to treat populations is a needle mover for these patients coming to Greenville for their treatment.””Patients with these kinds of newly diagnosed and recurrent cancers simply do not have the luxury of time on their side. Their time, health and money spent on a treatment that is not working can have devastating consequences that we all want to avoid,” said Matthew Gevaert, CEO of KIYATEC. “The commencement of this clinical trial builds upon the success of our pilot studies and represents a significant milestone toward our goal of helping cancer patients receive the best treatment at the earliest possible time.”Source: read more

Antidepressant drug appears to effectively stop progression of PBC

first_img Source: Jun 27 2018Gail Wright considered herself healthy. She had no idea she had a chronic liver disease. “I was at a routine check-up and my doctor said my liver enzymes were elevated. I was sent to a specialist but I wasn’t too worried. I didn’t have any symptoms.”She soon learned she had Primary Biliary Cholangitis (PBC), a rare, incurable liver disease, which can be fatal if untreated. PBC is more commonly diagnosed in women, usually between the ages of 40-60. Symptoms can include severe fatigue and itchiness. Wright has responded well to the typical treatment (Ursodeoxycholic acid) but 30 per cent of patients don’t respond well. For them, the autoimmune disease can have serious complications that may lead to a liver transplant. PBC is the second leading cause of liver transplant in Canada.A team of scientists at the University of Calgary’s Cumming School of Medicine (CSM) discovered what could be a new option for these hard to treat patients. A drug usually prescribed for depression appears to effectively stop progression of PBC. Dr. Abdel Aziz Shaheen, MD, a gastroenterologist and epidemiologist, was researching the effect of depression on people with PBC and came upon an unexpected finding. While he was combing through the data, he found a sub-group of people with depression that were healthier than the others.”At first, I thought I must have an error in my coding. As I began to look deeper I realized these patients were all taking the antidepressant mirtazapine, which seemed to be having a positive impact on their liver disease,” says Shaheen, an assistant professor in the departments of Community Health Sciences and Medicine and member of the CSM’s O’Brien Institute for Public Health. “You don’t expect to find people with a chronic illness and depression to be healthier than those patients who don’t have depression.”Related StoriesLiving-donor liver transplant offers advantages over deceased-donor, research findsPerinatal depression screenings may overlook women having suicidal ideationSleep quality and fatigue among women with premature ovarian insufficiencyShaheen was eager to investigate further so he recruited colleagues from the Department of Psychiatry and basic scientists to study what might be happening inside the body that would lead to this result. Dr. Mark Swain, MD, a liver specialist, clinician scientist and member of the Snyder Institute for Chronic Diseases began looking at mouse models to learn how the antidepressant was affecting the liver.”PBC slowly destroys the small bile ducts of the liver. Once damaged, the liver can “fill up” with materials the body is trying to excrete, damaging the liver and leading to permanent scarring,” says Swain, who is head of the Division of Gastroenterology and Hepatology in the Department of Medicine, and holds the Cal Wenzel Family Foundation Chair in liver disease. “Mirtazapine has significant effects on the immune system which appear to be protective to the liver.””No one thought that an antidepressant could affect liver immunity,” says Swain. “This leads to an entire new line of inquiry, on how antidepressants may be used in the treatment of other chronic diseases.””This confirms how important collaboration is in the field of medicine. We are very lucky at the University of Calgary to be able to reach out to our colleagues in other institutes and departments to help solve mysteries to improve patient care,” says Shaheen. “I couldn’t have explained this finding alone.”last_img read more

MDxHealth releases positive data demonstrating value of SelectMDx test for prostate cancer

first_img Source: These new studies show the clinical utility of SelectMDx for biopsy decision-making in real-world clinical practice. Significant results from multiple prior and ongoing studies on thousands of patients continue to support the value of SelectMDx as a tool to prevent unnecessary biopsy procedures in men demonstrating prostate cancer symptoms, benefiting patients and reducing the cost of public healthcare.” SelectMDx Impacts Prostate Biopsy Decision Making in Routine Clinical PracticeThe study was conducted at five U.S. community urology practices, which sequentially enrolled 418 patients who received a SelectMDx test while undergoing consideration for an initial prostate biopsy. SelectMDx tests were ordered by the treating urologist for patient management (i.e., not as part of a planned or ongoing study), therefore reflecting real-world utility.The study showed that SelectMDx had a significant impact on initial prostate biopsy decision-making in a U.S. community urology setting. Biopsy rates in men testing positive with SelectMDx were 5-fold higher than in men testing negative with SelectMDx. In the subset of patients biopsied within 3 months of receiving test results, 19/27 biopsies performed on SelectMDx positive men were cancer positive, including 10 with high grade disease. In SelectMDx negative men, cancers were identified in 4/9 men biopsied, and all were low-grade disease.Robust performance of a Urinary Molecular Biomarker-Based Risk Score to detect High-grade Prostate Cancer using optimized cascading modelsThe SelectMDx test results incorporate certain identified key clinical variables to improve the identification of patients at increased risk for high-grade PCa on prostate biopsy. The study demonstrates that, even in circumstances where not all clinical factors are available, the performance of SelectMDx remains robust, maintaining a >95% sensitivity. The use of genomic classifiers such as SelectMDx is set to revolutionize the way that we manage patients with prostate cancer, predicting with extreme accurately the likely biopsy findings and allowing us to tailor our advice and investigations appropriately.”center_img Jun 28 2018Multiple SelectMDx Clinical Study Abstracts presented at 2018 Global Prostate Congress in Frankfurt, GermanyMDxHealth SA, today announced the publication of positive data demonstrating the value of the SelectMDx liquid biopsy test for Prostate Cancer in guiding patient management for men being considered for multiparametric MRI and the clinical utility in guiding biopsy decisions in real-world clinical practice. Data will be presented at the sixth Global Congress on Prostate Cancer (PROSCA) in Frankfurt, Germany, June 28-30, 2018.The data will be presented by researchers from Belgium and The Netherlands and are the first demonstration of SelectMDx for Prostate Cancer for guiding multiparametric MRI inclusion.Assessment of a urinary TRUS/biomarker-based risk score as inclusion criteria for multiparametric MRI to detect clinically significant prostate cancer Non-invasive techniques like SelectMDx and Magnetic Resonance Imaging (MRI) show great promise for the detection of prostate cancers that are clinically significant, avoiding over-diagnosis and over-treatment of cancers with low malignant potential. Although several studies support the promise of MRI in this arena, there remains a lack of consensus of its diagnostic accuracy, and its adoption faces further challenges due to the high cost of setting up, staffing and maintaining an MRI unit. Upfront risk stratification could significantly lower the cost of multiparametric MRI (mpMRI) by excluding patients who are at very low risk for high grade prostate cancer.The study demonstrated that use of the SelectMDx liquid biopsy test for Prostate Cancer significantly reduces over-diagnosis and over-treatment, helping to identify patients who may forgo unnecessary MRI procedures.Dr. Jan Groen, Chief Executive Officer of MDxHealth, commented: Professor Christopher Eden, Professor of Urology at The Royal Surrey County Hospital and Director of the Santis prostate cancer clinic in London, commented:last_img read more

Researchers elucidate how the brain drives trialbytrial adaptation to compensate for errors

first_img Source: Jul 17 2018Osaka University scientists clarify how the brain drives trial-by-trial adaptation to compensate for errors by differentiating the cause of errorPractice is necessary to improve motor skills. Even if one performs poorly at first, one’s athletic performance improves through repeated exercise due to the reduction of motor errors as the brain learns.However, it’s important to remember that there are two types of errors: motor errors caused by poor motor control and target errors caused by unexpected target movements.For example, if you swung a bat aiming at a ball coming straight to the middle of the strike zone and missed your swing 10 cm over the ball, the missed swing was caused by your motor error. So, the connection between your intention and your movement control needs to be adjusted downward.Related StoriesNew therapy shows promise in preventing brain damage after traumatic brain injuryStudy provides new insight into longitudinal decline in brain network integrity associated with agingPosterior parietal cortex plays crucial role in making decisions, research showsOn the other hand, if you missed the ball because it suddenly moved downwards 10 cm below the center of the strike zone after going through the center, the missed swing was caused by unexpected movement of the target. So, when it comes to these target errors, it would be better to learn using a system to predict the target’s move instead of changing the connection between intention and movement control.Using the monkey parietal lobe, two researchers at Osaka University, Shigeru Kitazawa and Masato Inoue, examined (1) brain regions to detect motor and target errors, and (2) whether error signals from these regions were really used for learning. Their research results were published in Current Biology.They found that the parietal lob of the cerebral cortex, the region in which signals of visual, acoustic, and somatic sensations are perceived, distinguished the causes of motor errors in arm reaching movements and provided signals to compensate for these errors. They also revealed that Brodmann area 5 detected self-generated motor errors and provided signals for adaptation and that Brodmann area 7 detected target errors caused by target movements and provided error signals for adaptation.This study verified that the brain does not automatically detect the discrepancy between the hand and target positions, i.e., error, but the brain distinguishes motor error from target error and performs adaptation using the two distinctive systems.This discovery will lead not only to the development of effective learning of sports, but also to the improvement of autonomous driving systems and the development of effective learning methods for robot control.last_img read more

Podcast KHNs What the Health Drug prices and unicorns

first_img The fight over the “340B” hospital drug discount program largely pits pharmaceutical makers, who are required by law to give discounts to health facilities that serve low-income patients, against the hospitals and clinics that get the discounts. The court ruled that the hospitals’ challenge to the proposed cuts was premature, and hospitals have vowed to refile their lawsuit. But the fight has spawned a huge advertising effort aimed at policymakers in Washington, including bus stop posters from the program’s supporters featuring a unicorn. Anthem has been heavily criticized for its policy of not paying emergency room bills if the patients should have known that they didn’t need emergency care. But it appears that the insurer has quietly pulled back from implementing the policy much of the time. That still didn’t stop emergency room doctors from suing Anthem this week in Georgia, however. Could the Trump administration’s recent action to pull down some health care material from agency websites suggest that officials plan to make changes in some sexual discrimination regulations? FDA Commissioner Scott Gottlieb stunned a Washington audience this week when he said officials are looking into whether beverages manufactured from plants, such as almonds and soy, can be labeled milk under FDA guidelines that say milk must come from animals that lactate. But perhaps that cow is already out of the barn. This article was reprinted from with permission from the Henry J. Kaiser Family Foundation. Kaiser Health News, an editorially independent news service, is a program of the Kaiser Family Foundation, a nonpartisan health care policy research organization unaffiliated with Kaiser Permanente. Jul 19 2018A trio of court actions provide news for this week’s “What the Health?’” panel.A federal appeals court this week handed hospitals a setback in their effort to stop the Trump administration from cutting funding for a program that provides deep discounts on drugs. Physicians sued health insurer Anthem for its policy of retroactively declaring some emergency department claims not to be an emergency. And the Pennsylvania Supreme Court upheld the city of Philadelphia’s controversial tax on sweetened beverages.Also this week, an interview with Jeff Goldsmith, health care futurist and consultant.This week’s panelists for KHN’s “What the Health?” are Julie Rovner of Kaiser Health News, Margot Sanger-Katz of The New York Times, Joanne Kenen of Politico and Erin Mershon of STAT News.Among the takeaways:center_img Plus, for “extra credit,” the panelists recommend their favorite health stories of the week they think you should read, too:Related StoriesMice cured of HIV in an experiment sparks new hopeCharacterizing and Isolating (Bio)macromolecular Structures using MALSGender biases are extremely common among health care professionalsJulie Rovner: The Atlantic’s “Illegal Abortion Will Mean Abortion By Mail,” by Olga KhazanJoanne Kenen: Politico’s “Trump Promised Them Better, Cheaper Health Care. It’s Not Happening,” by Adam CancrynErin Mershon: NPR and the Center for Public Integrity’s “Investigation: Patients’ Drug Options Under Medicaid Heavily Influenced By Drugmakers,” by Liz Essley Whyte, Joe Yerardi and Alison KodjakMargot Sanger-Katz: NPR and ProPublica’s “Health Insurers Are Vacuuming Up Details About You — And It Could Raise Your Rates,” by Marshall AllenTo hear all our podcasts, click here.And subscribe to What the Health? on iTunes, Stitcher or Google Play.last_img read more