As reported by the News Journal, Astra Zeneca is pulling over 1,000 jobs out of Delaware and demolishing its labs on Route 202. Here is a quick hit from the Morris James Healthcare Industry Team on the issues this raises for Delaware’s healthcare industry. Intellectual Property: "Astra Zeneca's business decision demonstrates the impact of federal patent law at the local level. Expiration of many of Astra Zeneca's current drug patents and fewer new drugs in the pipeline that are patent eligible is likely a driver in the business thinking here." Kenneth L. Dorsney, Esq. Intellectual Property More ›
Thinking of bringing a new doctor into an existing practice or joining one? Physician groups sometimes believe in error that Delaware law prevents enforcement of post-employment restriction agreements to protect a practice’s substantial investment in advertising and patient introductions for that new physician. An individual physician may assume that such an agreement could be safely ignored down the line. However, Delaware Courts will enforce a carefully drafted agreement that follows strict guidelines.
Delaware law does not permit a court to order the physician to quit practicing in a way that competes with a former employer or partner. Rather, it limits enforcement of physician non-compete agreements to those that after termination require payment of damages related to competition due to the physician opening a new practice. More ›
Among other things, the re-election of President Obama in November ensured that the gradual roll-out of widespread health care reform under the 2010 Patient Protection and Affordable Care Act (the “Affordable Care Act”) would continue into this year. Not only does the Affordable Care Act have far-reaching implications on the delivery of health care services and the provision of health insurance coverage for a large number of Americans, but the legislation also provides for several tax increases and other revenue-generating mechanisms, several targeted specifically at health care-related industries. Certainly many national health insurers affected are Delaware corporations, but the tax impact reaches down to individual physicians, pharmaceutical companies, and even Delawareans who frequent the local tanning salon. More ›
Hurricane Irene blew more than wind and rain into Delaware in 2011. Nursing homes and similar facilities now must have an “all hazards” plan as well as two staff members with FEMA training. We wrote to suggest the “sheltering in place” part of each facility plan include a fully stocked bar, an amenity one of our attorneys enjoyed when stranded on Little Palm Island in a thatched hut during a category 2 hurricane, but that revision did not make it into the final rule. Compliance deadline: contemporaneous with annual renewal for licenses and license applications. 16 DE Admin. Code 3201.
All Delaware Regulations Issued March 2013
Author: The Morris James Health Care Industry Team