WALTHAM, Mass., Jan. 4, 2017 /PRNewswire/ -- Alere Inc.
(NYSE: ALR), a global leader in rapid diagnostic tests, today
provided an update in connection with Arriva Medical's complaint
filed on December 28, 2016, against
the Centers for Medicare & Medicaid Services (CMS):
We are pleased that CMS formally
relented in its efforts to terminate Arriva's competitive bidding
contract while the administrative appeals process pertaining to the
revocation of the supplier number proceeds, rendering our request
for a temporary restraining order unnecessary. We look forward to
further advancing our arguments regarding the reinstatement of
Arriva's billing number and other matters before the Federal
District Judge at the next hearing scheduled for February 8, 2017.
In addition, as previously announced, on December 27, 2016, Alere filed an appeal for an
administrative law judge (ALJ) hearing seeking to permanently
reinstate Arriva's Medicare billing status. An order was issued
today by the Administrative Law Judge assigned to the case
requiring the parties' initial briefings to be completed by
January 18, 2017.
Alere has previously made public a fact sheet providing
additional information regarding Arriva's relationship with CMS.
The fact sheet can be accessed on Alere's website at
http://news.alere.com/~/media/Files/A/Alere-Newsroom-V2/press-release/Arriva_Medical_and_CMS_Fact_Sheet_11142016_FINAL.pdf.
King & Spalding LLP is serving as legal counsel to Alere in
connection with the Arriva matter.
About Alere
Alere believes that when diagnosing and
monitoring health conditions, Knowing now matters™. Alere delivers
reliable and actionable information by providing rapid diagnostic
tests, enhancing clinical and economic healthcare outcomes
globally. Headquartered in Waltham,
Mass., Alere focuses on rapid diagnostics for
cardiometabolic disease, infectious disease and toxicology. For
more information on Alere, please visit www.alere.com.
Cautionary Statement Regarding Forward-Looking
Statements
This communication (and those referenced in this
communication) contain forward-looking statements within the
meaning of Section 27A of the Securities Act of 1933, as amended,
and Section 21E of the Securities Exchange Act of 1934, as amended,
including statements regarding Arriva's commitment to its patients
and working with the Medicare program; the timing for a hearing by
the federal court with respect to certain motions made by the
Company; the potential impact of the revocation of Arriva's
Medicare enrollment, including with respect to the risks to
beneficiaries and the National Mail Order DTS program and CMS
policy; Arriva will continue to furnish covered services to
beneficiaries without any assurance of reimbursement as set forth
in the fact sheet and any other statements about the future
expectations, beliefs, goals, plans or prospects of the board or
management of the Company. Readers can identify these statements by
forward-looking words such as "may," "could," "should," "would,"
"intend," "will," "expect," "anticipate," "believe," "estimate,"
"continue," "goal" or similar words. A number of important factors
could cause actual results of Alere and its subsidiaries to differ
materially from those indicated by such forward-looking statements.
These factors include, but are not limited to the possibility that
the ALJ may determine the Company's appeal in a manner adverse to
the Company, the possibility that the U.S. District Court for the
District of Columbia may make a
ruling in the case that is adverse to the Company, as well as the
risk factors detailed in Part I, Item 1A, "Risk Factors," of our
Annual Report on Form 10-K for the fiscal year ended December 31, 2015 (as filed with the Securities
and Exchange Commission on August 8,
2016) and other risk factors identified herein or from time
to time in our periodic filings with the SEC. Readers should
carefully review these risk factors, and should not place undue
reliance on our forward-looking statements. These forward-looking
statements are based on information, plans and estimates at the
date of this communication. We undertake no obligation to update
any forward-looking statements to reflect changes in underlying
assumptions or factors, new information, future events or other
changes.
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SOURCE Alere Inc.