New Medicare Marketing Definition

On May 10, 2023, the Center for Medicare & Medicare Services (“CMS”) issued guidance to clarify the definition of “marketing” for Medicare Advantage Plans (“MA Plans”) and Prescription Drug Plans (“PDPs”).1 The new definition expands “marketing” to include activities intended to draw a consumer’s attention to an MA Plan or PDP, influence a consumer’s decision-making process, or influence a consumer’s decision to stay enrolled in an MA Plan or PDP. This new definition of marketing […]

By | July 10th, 2023 ||

R&W Insurance Coverage For Healthcare Services Transactions

After being squeezed out of the R&W insurance market in 2021, deals in the healthcare services sector have regained interest from insurers and are seeing lower rates and greater competition. Healthcare has been a bright spot for deal activity over the past year (see chart). As the number of private deals involving healthcare services rose, demand for representations and warranties (R&W) insurance in the space also increased. Despite turning away from this sector in […]

By | April 5th, 2023 ||

FDA Publishes Digital Health Technology Framework

Last month, the Food and Drug Administration (FDA) announced the publication of the “Framework for the Use of Digital Health Technologies in Drug and Biological Product Development” (Framework) by the Center for Drug Evaluation and Research (CDER) and the Center for Biologics Evaluation and Research (CBER). The publication of this digital health technology (DHT) framework fulfills an FDA commitment under the seventh iteration of the Prescription Drug User Fee Act reauthorization (PDUFA VII).

What Are DHTs?

In […]

By | April 3rd, 2023 ||