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Senate Passes Democrats’ Climate, Healthcare and Tax Bill

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The Senate passed a bill spending hundreds of billions of dollars on climate and healthcare programs while raising taxes on large, profitable companies, as Democrats unified around elements of President Biden’s agenda after a year of frustrated efforts to advance a broader package, the Wall Street Journal reported. The legislation, which passed the Senate 51-50 on Sunday with a tiebreaking vote by Vice President Kamala Harris, offers tax incentives for reducing carbon emissions, seeks to allow Medicare to negotiate the price of some prescription drugs, allots roughly $80 billion to the Internal Revenue Service and extends subsidies for health insurance under the Affordable Care Act. Along with a new 15% corporate minimum tax, it creates a 1% excise tax on companies’ stock buybacks and sets aside roughly $300 billion toward reducing the deficit. The package will still need to clear the narrowly Democratic House in a vote scheduled for Friday. Speaker Nancy Pelosi (D., Calif.) and progressive caucus leader Pramila Jayapal (D., Wash.) have backed the proposal, putting it on course for likely approval. Republicans argued that the climate and tax package would do nothing to cool inflation and would hurt the economy, and that tax increases on corporations would hit households as well.

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J&J Gets Court-Appointed Evaluator to Estimate Its Talc Liabilities

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Johnson & Johnson’s bankrupt subsidiary won court permission to set a price tag on mass litigation linking the company’s talc-based baby powder to cancer, the latest setback for injury claimants who argued the estimation would be “a road to nowhere,” WSJ Pro Bankruptcy reported. Judge Michael Kaplan of the U.S. Bankruptcy Court in Trenton, N.J., said yesterday that he has retained an outside expert to conduct an independent valuation of the roughly 38,000 cancer lawsuits pending against J&J and its talc subsidiary, LTL Management LLC, as well as any additional injury claims that could be brought against the company. The expert, lawyer Kenneth Feinberg, has mediated some of the largest product-liability cases in U.S. history, including the $20 billion settlement related to the BP PLC oil spill. Feinberg is slated to issue a report before Judge Kaplan rules on how much talc-injury claimants are owed. LTL has said estimating the valuation of the lawsuits would move its chapter 11 case forward and foster settlement talks to help resolve the litigation. Judge Kaplan agreed, saying yesterday that Feinberg’s report would aid settlement discussions and rejecting injury claimants’ argument that an estimation proceeding would stall the case. Judge Kaplan said that he wouldn’t set a deadline for Mr. Feinberg to produce his report but that he anticipates he will receive the report “before the weather starts getting cold.”

California Company Promised Drug-Coated Microneedle Patches. Now It Could Be Sold in Bankruptcy Court for Just $1 Million

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When Zosano Pharma Corp. spun out of Alza Corp. 16 years ago — and up until the company plotted the last in a series of regulatory filings to win approval of its first drug-coated microneedle patch — its leaders hoped to transform drug delivery, the San Francisco Business Times reported. Instead, the Fremont, Calif.-based company is set to be sold to a onetime partner today in U.S. Bankruptcy Court in Delaware for up to $1.25 million, a fraction of the money it raised earlier this year in a last-ditch effort to keep the company and its migraine pain-relief patch program afloat. Emergex USA Corp., a Doylestown, Pa.-based subsidiary of the U.K.’s Emergex Vaccines Holdings Ltd., would pay $1 million for substantially all of Zosano's assets if the sale is approved Thursday. Emergex also could pay as much as an additional $250,000 to cover the dismantling and removal of some of those assets. Emergex was chosen last week by Zosano and consultants after an auction. A $500,000 bid from LTS Lohmann Theraprie-Systeme AG of Germany — only for some Zosano assets — was set aside as a backup bid if the Emergex deal falls apart.

Amazon to Buy One Medical Network of Health Clinics in Health Care Expansion

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Amazon Inc. is buying an operator of primary-care clinics, a significant expansion that will help the tech giant offer medical services to a large pool of employers and individuals and that underscores its sweeping ambitions in health care, The Wall Street Journal reported. The $3.9 billion deal, including debt, for 1Life Healthcare which operates a primary-care practice under the name One Medical, is the first major acquisition announced during the tenure of Chief Executive Officer Andy Jassy. Amazon will gain access to a practice that operates more than 180 medical offices in 25 U.S. markets and works with more than 8,000 companies to provide health benefits to employees, including in-person and virtual care. That adds significantly to a smaller service Amazon launched in 2019 for which it had signed up a limited number of employers in the last year. The deal adds momentum to the push by technology and retail giants to make inroads into the nation’s $4 trillion health care economy. That push, along with new technology and medical discoveries, has fueled growth of medical care outside of hospitals, and patients now more regularly seek care in more convenient and lower-cost settings. In addition, demand for telehealth during the pandemic increased the use of virtual care. Yet the health care industry, which is governed by state and federal regulations and an array of companies and providers operating in myriad ways, has proven notoriously difficult to disrupt. An earlier attempt by the company to expand into health care fizzled after three years.
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Three Iowa Nursing Homes to Close, with Owner Owing Taxpayers $2.1 Million

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The planned sale of an Iowa nursing home chain is in doubt again as the owner moves to close three of the 10 facilities and the federal government seeks payment of $2.1 million owed to taxpayers, the Iowa Capital Dispatch reported. The sale involves eight nursing homes and two assisted-living facilities owned by QHC Facilities, which filed for bankruptcy last year. QHC found a potential buyer for the 10 facilities: Blue Diamond Equities. But there’s now a dispute over whether the sale can proceed with QHC still owing hundreds of thousands of dollars in fines for poor-quality resident care. In addition, court records indicate that Blue Diamond has notified the federal government it will not assume Medicare certification for several of the homes. That has prompted the U.S. Department of Justice to seek a delay in the bankruptcy proceedings, noting that the planned sale may not go through since the deadline for finalizing the deal passed on July 12. It’s only the latest snag in a long-running struggle to sell the facilities that are home to hundreds of elderly Iowans. Collectively, the eight facilities have a maximum capacity of more than 700 residents. QHC employs roughly 300 full-time and part-time workers. QHC’s legal odyssey began on Dec. 29, 2021, when the company filed for bankruptcy. The previous owner of the company, Jerry Voyna, had died several months before. His wife, Nancy, took over the company, began looking for a buyer, then filed for bankruptcy. She died in January, leaving the company to her son, who continued to pursue a sale of the company and all of its assets.
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More than Half of Americans Have Owed Medical Debt in Last Five Years, Study Finds

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With inflation on the rise, any kind of debt may prove to be a hardship, Consumer Affairs reported. A recent study from the Kaiser Family Foundation (KFF) found that 57% of adults reported owing medical debt during the last five years. Even people with health insurance often discovered that they owed large amounts of money for an uncovered expense. Among insured adults under age 65, 61% were reportedly hit with a large, surprise medical bill. Among that group, 53% said they received a medical or dental bill they thought contained an error. Some two-thirds of these patients said the error involved something that should have been covered by their health insurance. Other provider errors were also reported, including being billed for services never received or for bills that had already been paid. The KFF study found that just over half – 51% – of people who were wrongly billed for medical services could not resolve the matter to their satisfaction. Making matters worse, 32% of people with disputed health care debt have had that bill sent to collections, damaging their credit score and limiting their future access to credit, loans and financing.
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Los Angeles Medical Center Urged to Reopen

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Though it was purchased in April 2020, Los Angeles based-St. Vincent's Medical Center still remains closed, the Los Angeles Business Journal reported. The city's oldest hospital, encompassing five buildings and 674,000 square feet, has only briefly served as an overflow campus for COVID-19 patients since it was purchased more than two years ago. St. Vincent's originally closed in January 2020 following ongoing financial struggles leading to bankruptcy. Billionaire bioscientist Patrick Soon-Shiong, MD, purchased the hospital for $135 million in April 2020, claiming the facility would be used as a "premier [COVID-19] research center." "The calls to reopen the vacant St. Vincent Medical Center are getting louder, and rightfully so," Westlake Councilmember Mitch O'Farrell said in a statement after he introduced a resolution urging the state to purchase or lease the hospital so it can reopen. Dr. Soon-Shiong has enlisted the help of Chicago-based real estate firm Jones Lang LaSalle to find new potential tenants for the site. It remains unclear if the site will remain a full-service hospital once a tenant is found.
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