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Employer Religious and Moral Exemptions to the Provision of Contraceptive Care Remain Intact

In a recent seven-to-two opinion in the case of Little Sisters of the Poor Saints Peter and Paul Home v. Pennsylvania, et al., the U.S. Supreme Court upheld the rights of certain employers to claim exemption from providing contraceptive care under the preventive care mandate of the Affordable Care Act (?Ç£ACA?Ç¥) based on religious or moral objections. General Background of the Case The ACA requires covered employers to provide women with ?Ç£preventive care and screenings?Ç¥ without any cost sharing requirements (the ?Ç£Preventive Care Mandate?Ç¥). The ACA relies on ?Ç£preventive care guidelines?Ç¥ (?Ç£Guidelines?Ç¥) supported by the Health Resources and Services Administration (?Ç£HRSA?Ç¥), an agency of the federal Department of Health and Human Services, to determine what ?Ç£preventive care and screenings?Ç¥ should include. The Guidelines mandate that health plans provide coverage for all FDA approved contraceptive methods. When the Departments of Health and Human Services, Labor, and the Treasury (collectively, the ?Ç£Departments?Ç¥)… Continue Reading

New Law Starts Clock Ticking for FDA to Issue Social Media Policy

For more than fifteen years, the U.S. Food and Drug Administration has struggled to craft a policy on how the Internet may be used to promote medical products. Now, the FDA has a firm deadline: July 9, 2014. On Monday, President Obama signed into law a bill that will require the FDA to finally state its policy on use of the Internet ?Çô including social media ?Çô to promote medical products that are regulated by the FDA. Under Section 1121 of the bill, the FDA has two years from the date the bill was signed into law to issue the new guidelines. The provision is one of several ?Ç£Miscellaneous Provisions?Ç¥ in a bill that reauthorizes the FDA to collect user fees from drug companies and creates new user fee programs for generic drug manufacturers. The FDA has been deliberating on the subject of online drug promotion since as early as… Continue Reading

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