ABA Health eSource July 2011 Volume 7 Number 11
ABA Health eSource - Your link to the ABA's Health Law Section
July 2011 Volume 7 Number 11
Health Law Section NewsJuly 12, 2011
Round Two - Do the right thing and get published!
Help the Section's efforts to update the Breast Cancer Legal Advocacy Guide. Read more.
July 19, 2011
Supreme Court Update: ERISA & Class Actions
(CLE Webinar & Teleconference)
July 21, 2011
Healthcare Antitrust Fundamentals
(CLE Webinar & Teleconference)
HLS Announces Nomination Slate for 2012
The Nominating Committee of the Health Law Section has finalized its recommended slate of Officers and Council for the 2012 fiscal year.  Read more.
August 15-16, 2011
Third Electronic Discovery and Digital Evidence Practitioners' Workshop
(Live Program | New York City)

Health Law Highlights

Latest Resources & News

ACO Task Force

Health Law News

PPACA Resources

HHS Office of Inspector General (OIG)

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

While many of my prior columns have focused on Health Law Section news, I am writing this column on the Fourth of July; a great time to reflect on the many special aspects of our country and government, including the legal system. I spent the afternoon down on the Mall, leading tours at the Jefferson Memorial. Thomas Jefferson, like many of our Founding Fathers, was a lawyer. Twenty-five of the 56 signers of the Declaration of Independence, and thirty-two of the 55 delegates to the Constitutional Convention were lawyers.

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Managing Employer Costs in the Post-PPACA World
By Lisa R. Nelson, Barney & Barney LLC, San Diego, CA

The Patient Protection and Affordable Care Act (PPACA) at fifteen months old, is an infant law taking its wobbly first steps through the regulatory process. The law’s provisions have already been subjected to repeals, amendments and court challenges. With a questionable future for the law, employers find themselves uncertain how to prepare for the impact to their health insurance costs.

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Domestic Medical Tourism Gaining Traction
By Samuel S. Choy and Stacey L. Stewart,
McKenna Long & Aldridge LLP, Atlanta , GA

Before the healthcare reform law dominated discussions, the practice of traveling internationally to obtain lower cost healthcare services received a great deal of publicity. This concept is sometimes referred to as “medical tourism” or “medical outsourcing.” It now appears that domestic medical tourism is also gaining traction. The practice of domestic medical tourism, like its foreign counterpart, is growing rapidly in the United States. This article focuses on domestic medical tourism, also sometimes referred to as intra-bound medical tourism, domestic medical travel, local medical tourism or travel, or in-country medical tourism or travel.

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Professional-Client Free Speech and The Medical Privacy Concerning Firearms Act
By David H. Slade, Southern Illinois University J.D./M.D. Program, Carbondale, IL

On June 02, 2011 Florida Governor Rick Scott signed into law an Act entitled “Medical Privacy Concerning Firearms,” written to protect gun owners against harassment, discrimination, and invasion into their privacy. The legislation came in response to an incident in Florida, where a pediatrician questioned the mother of a patient about the presence of firearms in the home. The mother declined to answer, which led to a disagreement; the physician then responded by terminating the relationship and allowing the patient 30 days to find a new physician.

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Uhm v. Humana Inc. Unfinished Business
By George W. Wickhorst, III, Young, Berman, Karpf & Gonzalez, P.A., Miami, FL

In 2003, Congress enacted the Medicare Modernization Act (MMA) which, among other things, amended the preemption language of the Medicare Act. The amended preemption language seemed to signal Congress’ clear intent to expand the old preemption standard as it applied to Medicare claims to something closer to the “super preemption” found under ERISA. 

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CIGNA v. Amara:
Back to the Future, All Over Again

By Michael R. Shpiece, Kitch Drutchas Wagner Valitutti & Sherbrook, Detroit, MI

On May 16, 2011, the US Supreme Court handed down another in a series of decisions it has issued over the past 20 years defining the remedies available for violations of the Employment Retirement and Income Security Act of 1974 (ERISA). 

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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


Employee Benefits & Executive Compensation Interest Group

The Employee Benefits & Executive Compensation Interest Group focuses on significant compliance issues relating to health and other welfare benefit plans with particular emphasis on HIPAA, COBRA, Medicare Secondary Payor rules, and ERISA Title I rules, as well as executive compensation issues.

The IG is led by Chair Gregory L. Needles, Morgan Lewis & Bockius LLP, Washington, DC and Vice-Chairs Eugene Holmes, Proskauer Rose LLP, Washington, DC; Janet L Pulliam, Williams & Anderson PLC, Little Rock, AR; Tiffany Santos, Trucker Huss, APC, San Francisco, CA and Christopher S Sears, Ice Miller LLP, Indianapolis, IN.

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.


Do you want to communicate your ideas to thousands of other members? To contribute a newsletter article on a health law topic, send us your ideas to simeon.carson@americanbar.org.
The opinions expressed are those of the authors and shall not be construed to represent the policies or positions of the ABA or the ABA Health Law Section.
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