WALTHAM, Mass., March 9, 2017 /PRNewswire/ -- Arriva Medical, a subsidiary of Alere Inc. (NYSE: ALR), a global leader in rapid diagnostic tests, in connection with Arriva Medical's complaint filed on December 28, 2016, against the Centers for Medicare & Medicaid Services (CMS), today commented on the ruling by the U.S. District Court for the District of Columbia denying Arriva's motions for interim relief and denying the CMS motion to dismiss Arriva's complaint:
While we are pleased that the Court denied CMS' motion to dismiss Arriva's complaint, we disagree with the Court's ruling on Arriva's motion for interim relief. Arriva is considering options for appeal.
The Court's decision does not affect or prejudge the ongoing administrative appeal process. We remain confident that the administrative appeal process will lead to a favorable outcome for both Arriva and the hundreds of thousands of patients who depend on us for their mail-order supplies. Arriva continues to provide patients with the supplies they need as the administrative appeal process proceeds.
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.
King & Spalding LLP is serving as legal counsel to Alere in connection with the Arriva matter.
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 contains 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 the Company's confidence that the administrative appeal process will lead to a favorable outcome for both Arriva and the hundreds of thousands of patients who depend on Arriva for their mail-order supplies, Arriva continues to provide patients with the supplies they need as the administrative appeal process proceeds, 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" 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 Company's ability to continue to provide patients with the supplies they need as the administrative appeal process proceeds, 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.