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Articles

Employee Benefit Plans: Applying the ERISA Controlled Group and Affiliated Service Group Rules in the Health Care Industry

By Casey D. Knapp, Gage M. Maurer (Foley & Lardner LLP)

This article discusses the friendly-PC model, which is a common structure designed to comply with state corporate practice of medicine doctrines. The friendly-PC model involves a professional service corporation (PSC) conducting a medical practice in affiliation with a management services organization (MSO).

Although the friendly-PC model may be a solution to the corporate practice of medicine doctrine, it can create unintended consequences for employee benefit plans sponsored by the PSC and MSO.

Articles

FDA’s New Guidance Proposes Flexible Use of AI in Medical Devices

By Jessa Boubker, Kyle Y. Faget, Nathan A. Beaver, Monica R. Chmielewski (Foley & Lardner LLP)

This article discusses the U.S. Food and Drug Administration's draft guidance on artificial intelligence/machine learning (AI/ML)-enabled devices.

The draft guidance — "Marketing Submission Recommendations for a Predetermined Change Control Plan for Artificial Intelligence/Machine Learning (AI/ML)-Enabled Device Software Functions" — was issued on April 3, 2023. 

Articles

Florida’s New Prohibition on Offshoring Patient Information

By Jennifer J. Hennessy, Aaron T. Maguregui, Kate L. Pamperin (Foley & Lardner LLP)

This article covers a newly passed Florida law that requires health care providers and digital health technology platforms using certified electronic health record technology (CEHRT) to ensure that all patient information is physically maintained within the United States or Canada.

Articles

Software as a Medical Device: Challenges Facing the Industry

By Kyle Y. Faget, Nathan A. Beaver, Jessa Boubker, Thomas B. Ferrante, Rachel B. Goodman, Eric L. Sophir, Nicholas J. Zepnick, Austin J. Kim (Foley & Lardner LLP)

The intersection of software, technology and health care and the proliferation of software as a medical device in the health care arena has become common place and has spurred significant innovations. This article discusses legal and regulatory considerations related to Software as a Medical Device (SaMD).

Articles

The Role of AI in Health Care M&A: Driving Value in a Difficult Market

By Nikhil T. Pradhan, Laura Burlot (Foley & Lardner LLP)

This article reviews several health care merger and acquisition (M&A) from 2022 and Q1 2023. Many of last year’s deals were underscored by significant ties to artificial intelligence (AI) technologies, a trend likely to become more prevalent going forward.

Articles

Top 10 Patent and Regulatory Things You Need to Know when Bringing a Biopharma Product to Canada

By Nancy Pei, Principal, Alice Tseng, Principal, Toronto Office and Daphne Lainson, Principal, Ottawa Office, Smart & Biggar LLP

Canada is an attractive market for pharmaceutical manufacturers. Most Canadian consumers have some form of drug coverage through government programs and/or private insurance. Below are ten patent and regulatory topics that in-house counsel need to know before bringing an innovative product to Canada.

Editor's note: This article was updated to reflect recent developments; the original version of this article was published on December 16, 2020.

Articles

Canada's New Linkage Litigation Scheme: A Comparison to Hatch-Waxman

By Nancy Pei, Partner, Smart & Biggar LLP and Brian Coggio, Fish & Richardson PC

The September 2017 amendments to the Patented Medicines (Notice of Compliance) Regulations introduced a new scheme for pharmaceutical patent linkage litigation in Canada. That scheme is now much closer to the United States' (US) Hatch-Waxman scheme, but with remaining key differences that are explained in this chart.