Language Access in Healthcare Settings:
A Legal Primer

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Stark Law Does Not Defeat Physician’s Unjust Enrichment Claim
By Charles M. Key, Wyatt, Tarrant & Combs, LLP, Memphis, TN

The Ethics in Patient Referrals Act, 42 U.S.C. § 1395nn, which is commonly referred to as the “Stark law” or “Stark,” prohibits a physician who has a compensation arrangement or other financial relationship with a hospital from referring Medicare patients to that hospital for designated services, unless an exception applies. The statute and administrative rules promulgated under Stark recognize an exception for service contracts that are committed to writing and meet certain other requirements, but there is no exception for unwritten service contracts. For this reason, physicians and hospitals normally give careful attention in advance of the provision of a physician’s services to the hospital to the documentation of the terms of service.

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Medicare-Enrolled Providers and Suppliers to Revalidate by 2015
By Jeanne L. Vance, Salem & Green, Sacramento, CA

The Centers for Medicare & Medicaid Services (“CMS”) has begun the process of revalidating most Medicare provider and supplier enrollments, which must be completed by 2015. This effort began making waves in the provider and supplier community when letters sent last fall from the Medicare Administrative Contractors (“MACs”) gave recipients 60 days to respond with a complete Medicare revalidation application. The consequences of failure to comply with a MAC request to revalidate include deactivation of a provider or supplier’s enrollment, which means that the Medicare revenue stream ceases.

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The IRS could levy a new excise tax on mobile technologies deemed “medical devices” by the FDA
By Catherine Barrett, Federal Working Group, Washington, DC

Beginning January 1, 2013, the Internal Revenue Service (“IRS”) will impose a new annual 2.3 percent excise tax on medical devices as required by Section 1405 of the Patient Protection and Affordable Care Act (“PPACA”) of 2009. The purpose of the new 2.3 percent tax on medical devices is to help offset costs associated with expanding healthcare coverage under PPACA. The Congressional Budget Office estimates the new tax will generate approximately $20 billion in revenues for the federal government over ten years.

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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

Tax and Accounting Interest Group

The Tax & Accounting Interest Group focuses on the various challenges facing the Healthcare industry from a tax and regulatory perspective.

The IG is led by Chair Gwendolyn Spencer, PricewaterhouseCoopers LLP, Boston, MA and Vice Chairs Richard T. Frazier, Saul Ewing LLP, Philadelphia, PA; Eric J. Gould, Couzens, Lansky, Fealk, Ellis, Roeder, & Lazar, P.C., Farmington Hills, MI; Lauren K. Mack, Sonnenschein Nath & Rosenthal LLP, Chicago, IL and Martin L. Monaco, Jr., Duane Morris LLP, Newark, NJ.

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 Adrienne Dresevic, The Health Law Partners, PC, Southfield, MI and editorial board members Claire Castles, Jones Day, Los Angeles, CA; Michael E. Clark, Duane Morris LLP, Houston, TX; Marla Durben Hirsch, Potomac, MD; Conrad Meyer, Chaffe McCall, LLP, New Orleans, LA; Robert T. Rhoad, Crowell & Moring LLP, Washington, DC and Jennifer Tsao, Hernandez Schaedel & Associates LLP, Pasadena, CA.