Resource Library

On August 25, 2022, the Securities and Exchange Commission (SEC) adopted Release No. 34-95607 implementing a final rule (Final Rules) that requires covered publicly traded companies to provide both tabular and narrative and/or graphical disclosure of the relationship between executive compensation “actually paid” (as defined) by the company to its named executive officers and the company’s performance over a specified time period (Pay Versus Performance Disclosure). Check out this article to find out where the Pay Versus Performance Disclosure is required to be included and where its not and any other relevant details including key determinations and actions required.

Check out this article by Foley & Lardner in response to an unprecedented move by the U.S. Food and Drug Administration (FDA or Agency) detailing a warning letter sent to Amazon.com, Inc. (Amazon), a fulfillment house, with respect to distributing over-the-counter (OTC) drug products that are in violation of the Federal Food, Drug, and Cosmetic Act (FD&C Act).

On August 15, 2022, the Federal Trade Commission (FTC)—in a bipartisan, 5-0 vote—issued a policy paper detailing its concerns with Certificates of Public Advantage (COPAs). Check out this article by Foley & Lardner article detailing the policy paper and the future of the FTC and COPAs.

On August 17, 2022, the Centers for Medicare and Medicaid Services (CMS) issued a bulletin (Bulletin) to states addressing potentially inappropriate cost-based proposals and practices related to governmental ambulance providers in the delivery of ground emergency medical transportation to Medicaid beneficiaries (GEMT). Check out this article by Foley & Lardner detailing the CMS bulletin.

Read this article from Foley & Lardner to find out how President Biden's Inflation Reduction Act affects the healthcare industry.

Check out this Foley & Lardner article detailing the steps California is taking to ensure access to abortion care in response to Dobbs v Jackson.

The Centers for Medicare and Medicaid Services (CMS), as part of 2023 Physician Fee Schedule proposed rule, has proposed significant revisions to the Medicare Shared Savings Program (MSSP). The revisions to the MSSP in the proposed rule (the Rule) are designed to address the lack of growth in beneficiary participation in the MSSP and the fact that higher spending beneficiary populations, and racial and minority beneficiaries are increasingly underrepresented in the MSSP. Read this article by Foley & Lardner to learn more about the proposed revisions to the MSSP.

In April 2022, Florida Governor Ron DeSantis signed the “Stop WOKE” Act (HB 7) into law. The Act has drawn national attention and debate, as it creates legal restrictions and prohibitions on what public and private employers can say or promote in workplace trainings tied to race, color, sex, and/or national origin. The Act could have potentially significant implications for employers wishing to cover topics like structural racism, white/male privilege and unconscious bias in workplace anti-discrimination and diversity and inclusion trainings.

This article discusses the US Supreme Court's decision in Dobbs v. Jackson Women's Health Organization that will have a significant impact on abortion procedures offered under employee benefits plans.

Florida's "Stop WOKE Act” (HB7) restricts employers from requiring diversity training that “espouses, promotes, advances, inculcates, or compels [employees] to believe” certain prohibited concepts related to race, color, sex or national origin." While Florida's law is the first of its kind, there is speculation that other states could adopt similar legislation in the future.