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Resource Listings

Articles

Key Considerations for Hospital-Physician Joint Venture Ambulatory Surgery Centers

By Adria Warren, Foley & Lardner LLP

This article highlights key considerations for hospitals in evaluating, developing, and implementing an ASC transaction, with a focus on fraud and abuse considerations related to investing alongside physicians. It also highlights the type of regulatory analysis that providers and others contemplating transactions involving health care entities must consider and address.

Articles

The 340B Drug Pricing Program: Key Thing to Know

By Adria Warren, Partner, Foley & Lardner LLP, Anil Shankar, Partner, Foley & Lardner LLP, and Madeline Knight, Associate, Foley & Lardner LLP

Since its inception in 1992, the 340B Drug Pricing Program (340B Program) has provided eligible health care providers (covered entities) access to significant discounts on the cost of outpatient pharmaceuticals from participating manufacturers.

Over the past 15 years, the 340B Program’s size and scope has expanded due to actions by Congress and the federal Health Resources and Services Administration (HRSA). This article provides an overview of the program's current state.

Articles

Quick Overview: Federal Fraud and Abuse Laws Applicable to Patient Assistance Programs

By Foley & Lardner LLP

The provision of patient assistance, including transportation and other free or discounted items and services to patients by health care providers and suppliers implicate certain fraud and abuse laws.

These law include the prohibition on beneficiary inducements under the federal Civil Monetary Penalties (“CMP”) Law and the federal Anti-Kickback Statute (“AKS”).

This article provides a summary of the CMP Law and AKS and certain exceptions under those laws.

Articles

HHS Updates Pixels and Trackers Guidance for HIPAA Regulated Entities

By Aaron T. Maguregui and Jennifer J. Hennessy, Foley & Lardner LLP

Pixels, cookies, and trackers continue to be front of mind for HIPAA regulated entities seeking clarity on their ability to advertise, market, and engage with existing and prospective patients. On March 18, 2024, the U.S. Department of Health and Human Services (HHS) issued updated guidance on the topic.

Articles
Checklists

Managing Product Recalls: A Checklist for Compliance and Risk Mitigation

By Katlin McKelvie, Partner, and Carlo Felizardo, Associate (Gibson Dunn)

Navigating the complexities of a product recall can be challenging, but having a well-structured plan in place minimizes risks and ensures compliance.

In this checklist, we outline the six key steps every company should follow when faced with a potential recall—ranging from the initial determination of whether a recall is necessary to conducting a thorough after-action review. This guide can serve as a resource for any business looking to protect consumers and its brand during a recall event.

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