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Adheris Inc. Files For Preliminary Injunction To Stop U.S. Government From Infringing On Constitutionally Protected Speech
Date:9/6/2013

WASHINGTON, Sept. 6, 2013 /PRNewswire/ -- Adheris, Inc., an inVentiv Health company, filed suit today against the U.S. Department of Health and Human Services, asking a federal court to enjoin the government from implementing a new regulation that imposes unconstitutional restrictions on the speech of a company whose business is encouraging patients to properly take their medicine.

The motion for preliminary injunction, Adheris, Inc. v Kathleen Sebelius et al, was filed in the U.S. District Court for the District of Columbia seeking relief from sweeping new regulations that will otherwise take effect September 23rd. The rule threatens to end refill reminder programs that serve millions of Americans with chronic diseases, including many elderly patients. The suit charges the federal government with attempting to restrain speech protected by the First Amendment.   

Adheris, working with pharmacies and pharmaceutical companies, sends letters that, in addition to reminding people to take their medications, include educational information about disease conditions and side effects, information on how to take the drug properly and the consequences of stopping treatment prematurely.

For years, HHS recognized the well-documented value of such treatment communications and the government encouraged their use. Then, HHS' Office of Civil Rights (OCR) changed the rules on refill reminder programs as part of regulations implementing the 2009 Health Information Technology for Economic and Clinical Health Act, or HITECH. While OCR crafted language that jeopardizes refill programs, other agencies within HHS, such as the Centers for Medicare and Medicaid Services and the Agency for Healthcare Research and Quality, promote and encourage such refill programs.

"This rule undermines a valuable extension of a physician's treatment that promotes
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SOURCE inVentiv Health, Inc.
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