Current Report Articles
Federal and National News

News (May 3, 2024) – Business Entities Sue to Stop FTC Noncompete Rule
Three lawsuits have been filed to stop the Federal Trade Commission from implementing its rule banning noncompete agreements across all industries in the U.S. Several trade associations, along with private businesses, have filed the suits in federal courts in Texas and Pennsylvania. All three suits allege the commission lacks statutory authority to impose the rule and rulemaking irregularities. All seek injunctive relief to prevent the rule from going into effect. The rule is slated to become effective in early September.

The U.S. District Court for the Eastern District of Texas indicated in a scheduling order that it would ensure the case pending before it was heard and decided prior to the rule’s effective date. The other two courts have not issued scheduling orders or responded to motions for expedited decisions.

Agencies Release Final Nondiscrimination Regulation
The U.S. Department of Health and Human Services Office for Civil Rights and Centers for Medicare & Medicaid Services released a final rule that strengthens protections against discrimination in health care based on race, color, national origin, gender, age and disability, while expanding protections to reduce language access barriers, expand physical and digital accessibility and address bias in health technology.

HRSA Issues 340B Administrative Dispute Resolution Final Rule
The Health Resources and Services Administration issued a rule that finalizes new requirements and procedures to make the administrative dispute resolution process available to 340B covered entities. The rule now includes a 340B ADR process that will assist covered entities and manufacturers to resolve disputes regarding overcharging, duplicate discounts and diversion. The rule takes effect Tuesday, June 18.

CMS Issues Statement on Proposed LCD for Skin Substitute Grafts
The Centers for Medicare & Medicaid Services is encouraging interested parties to provide comments to Medicare Administrative Contractors who have issued a proposed local coverage determination policy about skin substitute grafts used for chronic nonhealing diabetic foot and venous leg ulcer coverage. The comment period is open until Saturday, June 8.