There have been many Congressional health policy hearings recently, with more scheduled. Highlights include the following:

  • House Ways and Means Committee. Recent hearings have examined traditional Medicare’s benefit design and tax-related provisions in the ACA, and on March 15, the Health Subcommittee is holding a hearing on the Medicare Payment Advisory Commission’s annual March Report

This post was also written by Ruth N. Holzman and Angelo Ciavarella.

On December 7, 2012, the IRS published final regulations that provide guidance on the 2.3% excise tax imposed on any sale occurring after December 31, 2012, of any “taxable medical device” by the manufacturer, producer or importer of such device (such tax enacted as part of the Affordable Care Act (ACA)). A “taxable medical device” is any device (as defined in section 201(h) of the Federal Food, Drug, and Cosmetic Act (FFDCA)) that is intended for humans, excluding eyeglasses, contact lenses, hearing aids, and any other medical device of a type that is generally purchased by the general public at retail for individual use. The final regulations set forth the IRS’s interpretation of key elements of the excise tax, including the retail exemption, as discussed after the jump.Continue Reading IRS Issues Regulations to Implement ACA Medical Device Tax

The IRS has issued Notice 2012-74, which provides guidance on the ACA branded prescription drug (BPD) fee for the 2013 fee year. Specifically, the guidance addresses: (1) the submission of Form 8947, “Report of Branded Prescription Drug Information,” (2) the time and manner for notifying covered entities of their preliminary fee calculation, (3) the

With all attention now focused on the campaign for control of Congress and the Presidency, it might be easy to forget that the 112th Congress is still in session and returns to work in September. When Congress does return, a number of important decisions affecting health care and energy policy, among other areas, remain to be considered.
Continue Reading Jumping Off The ‘Fiscal Cliff’? What Can Happen When Congress Returns?

On April 17, 2012, the Internal Revenue Service (IRS) published proposed regulations that implement and provide guidance on an ACA provision imposing fees on issuers of certain health insurance policies and plan sponsors of certain self-insured health plans to fund the Patient-Centered Outcomes Research Trust Fund. The Trust Fund supports the Patient-Centered Outcomes Research Institute

This post was also written by Ruth N. Holzman, Angelo Ciavarella and Jennifer A. Goldstein.

On February 7, 2012, the Internal Revenue Service (IRS) published proposed regulations to implement the Affordable Care Act’s (ACA) 2.3% excise tax on the sale price of medical devices sold by the manufacturer, producer, or importer of the device after December 31, 2012. The ACA defines a taxable medical device as any device (as defined in section 201(h) of the Federal Food, Drug, and Cosmetic Act) that is intended for humans and is listed as a medical device with FDA (or should have been listed) by a registered medical device establishment excluding eyeglasses, contact lenses, hearing aids, and any other medical device of a type that is generally purchased by the general public at retail for individual use. The proposed regulations set forth the IRS’s interpretation of key elements of the excise tax, including the retail exemption.

Additional details are available after the jump.Continue Reading IRS Proposes Regulations to Implement ACA Medical Device Tax

On November 21, 2011, President Obama signed into law of H.R. 674, which repeals a requirement scheduled to take effect in 2013 that the government withhold 3% of certain payments made to private contractors – including Medicare providers — as a credit against the contractor’s income tax. The law also amends the Affordable Care Act’s

On November 10, 2011, the Senate approved an amended version of H.R. 674, which would repeal a requirement that the government withhold 3% of certain payments made to private contractors – including Medicare providers — as a credit against the contractor’s income tax. This requirement currently is scheduled to take effect on January 1,

A number of Congressional committees have held hearings recently on health policy issues, including the following:

  • A House Energy and Commerce Health hearing entitled “Do New Health Law Mandates Threaten Conscience Rights and Access to Care?”;
  • A Senate Judiciary Subcommittee on Privacy, Technology and the Law hearing on “Your Health and Your Privacy: Protecting Health

On October 27, 2011, the House of Representatives approved H.R. 674, which would repeal a provision scheduled to take effect on January 1, 2013 requiring the government to withhold 3% of certain payments made to private contractors – including Medicare providers — as a credit against the contractor’s income tax. The bill was approved on

This post was also written by Ruth N. Holzman, Angelo Ciavarella and Vicky G. Gormanly.

On January 14, 2011, the Internal Revenue Service (“IRS”) issued Notice 2011-9 (the “Notice”), which extended the filing date for reporting on Form 8947 a covered entity’s 2009 sales of branded prescription drugs under the Patient Protection and