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Health Provider News

Hall Render

health dept. processed 1.5 million Medicaid enrollees in 12 months; one month left in ‘unwinding’ University of Maryland Medical Center physicians unionize, a first in the state Emergency room wait times are worse than bad. MASSACHUSETTS High demand is pushing hospitals past their limits, say Southeastern Mass.

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How Can Health IT Help Reform the CDC?

Healthcare IT Today

(President Biden, in his State of the Union speech, warned “we remain vigilant” while calling for an end to the emergency, but quickly switched the subject from the urgency of public health to prosecuting fraud.) The government could do that because they had a centralized patient data system and could reliably identify patients.

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Buckman Preempts Claims Despite State’s Adoption of the FDCA as State Law

Drug & Device Law

341 (2001), stands for the proposition that only the federal government may enforce the Food, Drug, and Cosmetic Act and that any state-law claim that depends on the existence of the FDCA is impliedly preempted by 21 U.S.C. § Plaintiffs’ Legal Committee , 531 U.S. Plaintiffs constantly try to evade Buckman. Medtronic, Inc. , 3d 1026, 1034 n.22

FDA 72
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Logical Contradiction Doctrine:  Buckman for Textualists

Drug & Device Law

555 (2009), and rated only a “ cf. 470 (1996), was decided – removing express preemption as a defense for manufacturers of §510(k) products So defendants moved on fraud on the FDA under an implied preemption theory and won. Plaintiffs Legal Committee , 531 U.S. 2019), or Mutual Pharmaceutical Co. Bartlett , 570 U.S.

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