Tuesday Tibits

Washington Post columnist Joe Davidson had an interesting column yesterday on OPM acting director Margaret Weichert's first week in office.

Also yesterday, the HHS Secretary Alex Azar unveiled a proposed rule that would require televised prescription drug advertisements to include a textual description of the drug's list price. Health Payer Intelligence offers a useful overview of the healthcare industry's mixed reaction to the proposal. The FEHBlog thinks that it would be a win for the consumer if the price posting requirement reduces the number of prescription drug ads on TV.

Speaking of advertising, the FEHBlog read a Wall Street Journal article early last month about a California government public nuisance action against Sherwin Williams and other companies that had manufactured lead paint. Part of the evidence was advertising from over a century ago. The defendants had asked the U.S. Supreme Court to review the adverse California state court judgement against them. On Monday the Supreme Court declined to review the judgment.  Governing discusses the Supreme Court's action here. The lawyers suing the prescription opioid drug manufacturers under this public nuisance doctrine were invigorated by the Supreme Court's action.

In other litigation news, the U.S. Justice Department announced that it is prosecuting a $1 billion healthcare fraud case the involves compound drug manufacturers and a rogue telemedicine company. Blue Cross of Tennessee allegedly got whacked for $174 million by the fraud.

Healthcare Dive reports that Anthem wrapped up the litigation over a 2015 data breach by agreeing with settle with the HHS Office for Civil Rights for a $16 million HIPAA privacy and security rule fine. On Friday November 2, a panel of the U.S. Court of Appeals for the D.C. Circuit will hear over argument concerning an appeal of the district court' decision in OPM's favor in a case seeking to hold OPM accountable for its 2015 data breach.

Finally closing a loop on the opioid crisis response bill, Willis Towers Watson reports that the conference report that both Houses of Congress passed last month did not extend (from 30 to 33 months) the period of time during which primary private sector health plan responsibility for end stage renal disease is primary to Medicare. That hideously expensive pay go was included as a pay-go in the House version of H.R. 6.