ABA Health eSource - Your link to the ABA's Health Law Section
SpacerAugust 2007 Volume 3 Number 12
Health Law Section News  August 1, 2007
A Practical Guide to Medicare Appeals

August 9-14, 2007
ABA Annual Meeting

(San Francisco, CA)

August 15, 2007
Do You Speak Fluent Geek? Ethical and Practical Considerations in Representing Clients in Complex

(Teleconference & Live Audio Webcast)

August 15, 2007
Bad Times for Nonprofits

(Teleconference & Live Audio Webcast)

August 16 , 2007
ERISA Fiduciary Basics: What You Need to Know

(Teleconference & Live Audio Webcast)

December 3-4, 2007
5th Annual Washington Healthcare Summit

(Washington, DC)

February 20-22, 2008
9th Annual Conference on Emerging Issues in Healthcare Law 2008

(San Diego, CA)

Interest Group Communication Highlights

Resources & News


New Cumulative Supplements

CDC Public Health Law News

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


Chair's Column: Youth and Experience
by Paul R. DeMuro, Latham & Watkins LLP, San Francisco, CA

It seems like only yesterday, but it was August, 2006, that I boarded a flight to Honolulu for the ABA Annual Meeting to accept the gavel from our then-Chair, Greg Pemberton. The conference room where we had our meetings was a delightful setting, including views of the water from at least two sides. I accepted the daunting task of chairing this most incredible Section.

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New DMEPOS Competitive Bidding Program May Spell Trouble for Medicare
by Matthew E. Wetzel, Latham & Watkins LLP, Washington, DC and Betty C. Pang, Latham & Watkins LLP, San Francisco, CA

On April 10, 2007, the Centers for Medicare and Medicaid Services ("CMS") published its final rule implementing the long-awaited competitive bidding program for durable medical equipment, prosthetics, orthotics and supplies ("DMEPOS") under Medicare Part B. In its final rule, issued nearly a full year after its proposed rule was released, CMS rejects several of the more drastic measures contemplated in the proposed rule, including, for instance, allowing a winning supplier to provide beneficiaries with rebates equaling the difference between the awarded single payment amount and the supplier's submitted bid on an item. The agency also scrapped its original proposal that would have required winning suppliers to repair or replace all patient-owned durable medical equipment subject to the program, regardless of whether the supplier had ever supplied the item. Despite these and other refinements, which resulted in a more tempered approach, fundamental administrative and economic vulnerabilities promise to plague the competitive bidding program and could prove to be an overwhelming burden on both suppliers and the federal government.

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Stark Changes On The Horizon
by Norton L. Travis, Hayden S. Wool, and Steven J. Chananie, Garfunkel, Wild & Travis, P.C., Great Neck, NY

On July 2, 2007, the Centers for Medicare and Medicaid Services ("CMS") issued "Proposed Revisions to Payment Policies Under the Physician Fee Schedule and Other Part B Payment Policies for CY 2008" (the "Proposed Revisions"). While these Proposed Revisions are not the awaited Stark III regulations, and do not promulgate any final regulations, they are nevertheless noteworthy in that they contain extensive discussions by CMS of its concerns and thinking about a number of important subjects. Even if only some of CMS's proposed revisions to the regulations are adopted, many presently common practices will be prohibited or restricted. Moreover, CMS is seeking comments and guidance on ways to further limit conduct that it perceives to be abusive under the existing restrictive Stark provisions.

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Payment & Reimbursement Interest Group

The Payment & Reimbursement Interest Group follows trends, changes and practices in reimbursement, billing and collection under Medicare, Medicaid and other federal and state healthcare programs.

The IG is led by Chair Karen Ann Lloyd, Community Health Network, Indianapolis, IN and Vice Chairs René Y. Quashie, Fulbright & Jaworski LLP, Washington, DC; Esther R. Scherb, Latham & Watkins LLP, Washington, DC and Stephen M. Sullivan, Sullivan Stolier & Resor, New Orleans, LA.

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

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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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