House GOP Fears ACA's Device Tax Could Hit Smartphones

Law360, New York (March 4, 2013, 8:07 PM EST) -- House Republicans on Friday asked the Food and Drug Administration to cough up final guidance about how it will regulate mobile applications, saying they were concerned the FDA could declare smartphones to be medical devices and therefore subject to the Affordable Care Act's device tax.

Republican leaders of the House Energy & Commerce Committee wrote to FDA Commissioner Margaret Hamburg on Friday, demanding details on the agency's thinking when it comes to regulating apps and mobile devices that have a medical use.

The FDA said that...
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