ABA Health eSource June 2011 Volume 7 Number 10
ABA Health eSource - Your link to the ABA's Health Law Section
June 2011 Volume 7 Number 10
Health Law Section NewsJune 14, 2011
June 16, 2011
Fundamentals of Medical Staff & Peer Review Issues
(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.

June 23, 2011
Free Teleconference:
“Medical Marijuana: A Public Health Legal Conundrum?”

(Member Benefit Teleconference)

Round Two - Do the right thing and get published!
Help the Section's efforts to update the Breast Cancer Legal Advocacy Guide. Read more.

Health Law Highlights

Latest Resources & News

ACO Task Force

Health Law News

PPACA Resources

HHS Office of Inspector General (OIG)

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CDC Public Health Law News

CDC Newsletter is a free electronic newsletter published monthly by the Centers for Disease Control and Prevention, Public Health Law Program

 

Chair's Column
By David H. Johnson, Bannerman & Johnson, P.A., Albuquerque, NM*

My friend and colleague, Linda Baumann, asked if I would “guest author” this issue’s Chair’s column. I replied, “Of course,” thinking it would be useful practice for the work ahead, which begins in earnest this August when my term as Section Chair begins. The first item I would like to mention is the Section’s annual Physician Legal Issues Conference, which is being held at Loyola University Law School in Chicago June 16-17.

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*This month's Chair's Column is written by guest columnist, David H. Johnson. David is the Health Law Section's Chair Elect.


Personal Jurisdiction and Choice of Law In Interstate Medical Practice Not Settled Issues
By Charles M. Key, Wyatt, Tarrant & Combs, LLP, Memphis, TN

When a patient travels from State A to State B for treatment by a physician who resides and practices solely in State B, then alleges injury resulting from an act or omission of the physician that occurred solely in State B, is the physician subject to personal jurisdiction in State A? Is the physician subject to enforcement of the civil or criminal statutes of State A, solely on the basis of the physician’s conduct in State B? If you think the answers to both questions are clearly “No” and “No,” read on.

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False Claims Act Damages in Anti-Kickback and Self-Referral Cases
By Rachel L. Grier, Sarah M. Frazier and Joel M. Androphy,
Berg & Androphy, Houston, TX

The False Claims Act (“FCA”) was enacted to provide restitution to the Government for losses sustained as a result of fraud. The FCA authorizes the award of actual damages and civil penalties to ensure that the Government is made whole for losses caused by fraudulent acts. Any fraud intended to cause the Government to unlawfully pay money falls within the scope of the FCA. Because the FCA covers a wide range of fraudulent acts, there is no “one size fits all” measure of damages for every false claim. This article nevertheless describes a pattern that has begun to emerge in FCA cases that are premised on violations of Medicare and Medicaid anti-kickback and self-referral laws.

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Co-Management Agreements, Compensation & Compliance
By Jen Johnson, CFA, VMG Health, LLC, Dallas, TX

Hospitals’ critical success factors are shifting towards quality performance benchmarked to national standards. This trend towards improved quality is increasing the need for hospitals to align with physicians since they control the delivery, management, and utilization of clinical services. As a result, many hospitals are involving physicians in various types of service arrangements, such as co-management agreements.

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Health Law Section Files Comments on ACO Regulations Proposed by CMS

The ACO Task Force of the American Bar Association Health Law Section has filed comments on regulations proposed by Centers for Medicare & Medicaid Services (CMS) to implement the Medicare Shared Savings Program. The proposed regulations, when finalized, will govern the manner in which accountable care organizations, or ACOs, will contract with CMS to become accountable for the delivery of care to an assigned population of Medicare fee for service beneficiaries. 

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ACO Special Editions of eSource


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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