March 2016

Yesterday, the Department of Justice launched 10 regional task forces aimed at identifying fraud at nursing homes that provide inferior care to elderly residents. Referred to as the Elder Justice Task Forces, the DOJ plans to launch the 10 regional task forces in the following districts across the country:

On March 30, 2016, the US Food and Drug Administration (FDA) announced that an investigational blood screening test is available to screen blood donations for Zika virus.  The FDA clarified that the investigational blood screening test may be used under an Investigational New Drug Application (IND).  The IND process enables sponsors of investigational drugs to obtain an exemption to the federal regulatory requirement that prohibits the transport of unapproved drugs across state borders.

Last week, in a 6-2 decision, the U.S. Supreme Court approved the district court’s consideration of statistical sampling evidence to certify an overtime class action brought under the Fair Labor Standards Act (FLSA) in Tyson Foods, Inc. v. Bouaphakeo.

On March 22, 2016, the US Food and Drug Administration (FDA) issued a safety announcement that includes required labeling changes for immediate-release (IR) opioid pain medication (and the entire class of opioid drugs) and recommendations and information for patients and health care professionals.  The FDA’s new safety warnings and required labeling changes come shortly after the Senate unanimously passed Senate Bill 483 (114th Congress) on March 17, 2016 requiring greater federal oversight of opioid prescribing practices.

The HHS Office for Civil Rights (OCR) announced on Monday that it has launched the long-awaited Phase 2 of its HIPAA Privacy, Security, and Breach Notification Audit Program.

The purpose of the Audit Program is to assess the compliance of covered entities and business associates with the HIPAA Privacy, Security and Breach Notification Rules. The audits are intended to supplement OCR’s other enforcement tools, such as complaint investigations and compliance reviews.

On March 16, 2016, the U.S. Senate voted 48-49 against invoking cloture to cut off a filibuster on the Biotechnology Labeling Solutions Act.  The bill would have established a federal standard of voluntary labeling and preempted any mandatory GMO labeling state laws.  In July 2015, a similar bill called the  Safe and Accurate Food Labeling Act of 2015 successfully passed through the U.S. House of Representatives.[1]  In October 2015, the U.S. Senate Committee on Agriculture, Nutrition & Forestry held a hearing on the mandatory labeling of genetically engineered crops that focused on the House bill.