Chair's Column
By Linda A. Baumann, Arent Fox LLP, Washington, DC

For those of us who thought that learning and dealing with the various health law reform programs and provisions set forth in the Patient Protection and Affordable Care Act (“PPACA”) was going to be challenging, legal practice just became even more daunting in light of the midyear elections. In addition to ongoing regulatory implementation of PPACA’s mandates, we now have to stay abreast of potential changes on the Hill that may stall or even repeal aspects of the health law reform legislation. These issues will be explored in depth at the Washington Healthcare Summit being held in Arlington, VA on Dec. 6-7, 2010. The Summit is a unique opportunity to hear from and meet with many of the government officials and other leaders actually involved in implementing health law reform. Kirk Nahra, David Douglass, the Summit Planning Committee and Health Law Section (“HLS” or “Section”) staff have organized a wide ranging program with outstanding speakers and it’s not too late to register. Click here to sign up!

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Eliminating the Regulatory Drag Coefficient on ACO Development
By Matthew D. Jenkins and Mark S. Hedberg, Hunton & Williams LLP, Richmond VA

Of the hundreds of pages of prose that comprise the Patient Protection and Affordable Care Act, just a few speak to the establishment of Accountable Care Organizations or ACOs. While sparse on legislative text, those portions of PPACA that contemplate the establishment of ACOs are now being seen as having the potential to fundamentally reshape the economics of the health-care delivery system that cares for Medicare beneficiaries. Not surprisingly, writers other than healthcare lawyers and policy experts are beginning to devote increasing attention to the patterns of care delivery that may emerge in response to the financial incentives that are expected to accompany PPACA’s invitation to reshape that system. But for ACOs to take flight, the substantial drag coefficient created by Medicare’s current program protections must be eliminated. Otherwise, ACOs are destined to crash and burn before their wheels ever leave the ground.

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CMS Proposed Rule for Delegated Telemedicine Credentialing: Second-Tier Liability and Other Challenges
By Keith Wright, Kitch Drutchas Wagner Valitutti & Sherbrook, Detroit, MI

On May 26, 2010, the Centers for Medicare & Medicaid Services (“CMS”) issued a proposed rule allowing hospitals and critical access hospitals providing telemedicine to patients (the “Originating Site Hospital”) to rely on the credentialing and privileging decisions of the hospital where the telemedicine physician is physically located (the “Distant Site Hospital”). However, as a condition of delegating the Originating Site Hospital’s credentialing function to the Distant Site Hospital, the Originating Site Hospital has an affirmative duty, among other requirements, to provide internal review information of the physician’s performance of telemedicine privileges to the Distant Site Hospital for use in its periodic appraisal of the physician.

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CMS Issues Final Regulations Implementing Whole Hospital and Rural Provider Exceptions
By James Pinna, Hunton & Williams LLP, Richmond VA

Section 6001(a) of the Patient Protection and Affordable Care Act, as amended by the Health Care and Education Reconciliation Act of 2010 (“PPACA”), amended the Stark Law exceptions for physician ownership in whole hospitals and rural providers to impose additional restrictions on physician-owned hospitals to qualify for such exceptions (the “Revised Exceptions”). The Centers for Medicare and Medicaid Services (“CMS”) released final regulations implementing these Revised Exceptions on November 2, 2010. This article highlights key issues clarified by CMS in these final regulations and questions left unanswered for physician-owned hospitals.

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Health Law Section Welcomes Suzanne Rivers to the Section staff

Please join me in welcoming Suzanne Rivers to the Health Law Section staff as the new Senior Meeting Planner. Suzanne will oversee all live programs, distance-learning programs, and the meeting planning aspects of Council and committee meetings.

Suzanne comes to us with a comprehensive background in meeting planning services.  As an Account Manager at a global destination management representation company, she was involved in all areas of planning the firm’s major events, from start to finish.  Part of her job responsibilities also included being the liaison between corporate/association meeting planners and destination management companies – assisting with all aspects of planning their meetings and incentives.  

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Did you know membership in an interest group is FREE with your Health Law Section membership?

Did you know your membership in the ABA Health Law Section qualifies you for free membership in up to three interest groups of your choice? Interest groups, which are comprised of twelve practices areas within health law, make significant contributions to the Section's programming, publications and legislative initiatives. The interest groups also provide an excellent opportunity for you to interact with and have access to some of the most outstanding lawyers in the legal community. You can enroll on our webpage by clicking here. If you have any questions or need more information, please contact Simeon Carson at Simeon.Carson@americanbar.org.

Healthcare Facility Operations Interest Group

The Healthcare Facility Operations Interest Group focuses on matters governing the operations of hospitals and other healthcare facilities, including Medicare, Medicaid, EMTALA, state and local licensure laws and regulations, and standards of national organizations such as the Joint Commission, among others. Examples of issues covered include: legal duties of the governing body, medical staff bylaws and credentialing, improving quality of care, medical errors reporting/liability, medical ethics, conflicts of interest, licensure, compliance, internal audits, and investigations. This Interest Group also undertakes the following activities: monitors enforcement activity; follows and, where appropriate and applicable, comments on legislative and regulatory developments; and serves as a forum for the exchange of information and debate on these activities.

The IG is led by Chair Tracy Powell, Sherrard & Roe, PLLC, Nashville, TN and Vice-Chairs Neil Kunkel, LifePoint Hospitals Inc, Brentwood, TN; Joyce Leahy, Maimonides Medical Center, Brooklyn, NY; Conrad Meyer, Chaffe McCall LLP, New Orleans, LA and Kathy Poppitt, Cox Smith, Austin, TX.

If you would like to join the Interest Group, continue by clicking the following link: Health Law Section IG Sign-up Form.

ABA eSource Editorial Board

The ABA Health eSource Editorial Board is led by Chair Lisa Genecov, Locke Lord Bissell and Liddell LLP, Dallas, TX and editorial board members Michael E. Clark, Duane Morris LLP, Houston, TX; Adrienne Dresevic, The Health Law Partners, PC, Southfield, MI; Marla Durben Hirsch, Potomac, MD; Conrad Meyer, Chaffe McCall, LLP, New Orleans, LA and Jennifer Tsao, Hernandez Schaedel & Associates LLP, Pasadena, CA.