ABA Health eSource - Your link to the ABA's Health Law Section
SpacerFebruary 2008 Volume 4 Number 6
Health Law Section News  February 6, 2008
The 9th Annual Emerging Issues In Healthcare Law Conference

February 7, 2008
Stark Law Basics

(Teleconference & Live Audio Webcast)

February 14, 2008
Employee Benefit Considerations in Domestic Relations Matters: QDROs and QMCSOs

(Teleconference & Live Audio Webcast)

A Practical Guide to Medicare Appeals

February 19, 2008
Proposed Hybrid Plan Regulations: What Does It Mean for Plan Sponsors?

(Teleconference & Live Audio Webcast)

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

(San Diego, CA)

February 27, 2008
Hot Topics in Behavioral Health

(Teleconference & Live Audio Webcast)

March 13, 2008
Anti-Kickback Law Basics

(Teleconference & Live Audio Webcast)

Interest Group Communication Highlights

Resources & News


New Cumulative Supplements

CDC Public ' Law News

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


Chair's Column: Emerging Issues
by Andrew J. Demetriou, Fulbright & Jaworski LLP, Los Angeles, CA

I hope that you're making plans to join fellow members of the Health Law Section at our 9th Annual Emerging Issues Conference in San Diego February 20-22--or better yet have already joined the growing list of registrants for this important conference. For those of us who have lived with EMI since its inception, the meeting will always enjoy a special place in our hearts. EMI was the brain child of our former Chair, and current Delegate to the House, Howard Wall, who saw a need for the Section to distinguish itself through the production of a high quality educational conference focusing on cutting edge developments in health law and policy. He had the foresight to suggest that the conference rotate between the East and the West in alternate years so that we could expose the Section's activities to lawyers in various states and thereby build membership. The success of EMI is a tribute to Howard's vision, as well as the insights and values brought to it by each succeeding Chair of the Section.

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'Physician Transparency' Movement Advances Thanks to New York Attorney General
by Alice L. King, Hogan & Hartson LLP, New York, NY

New York Attorney General Andrew Cuomo has achieved the near impossible. Insurers, physicians, and consumer groups all agree that the "groundbreaking" agreement negotiated several weeks ago by Cuomo's office and several major health insurers is a significant step forward in the drive to give consumers more information about the quality of their doctors and the cost of the care they receive. It marked the first such settlement between a state regulator and an insurer.

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Legal Implications Of Creating Patient Cost-Sharing Parity By Out-Of-Network Providers
by Denise Webb Glass, Fulbright & Jaworski L.L.P., Dallas, Texas

Increasingly, providers rely on participation in preferred provider plans to maintain patient volume. However, as providers have become more dependent on participating provider status, managed care plans have begun to limit provider participation in their networks to maintain cost efficiency. When a provider is out-of-network, the result for plan members who receive services from the provider is that they owe higher copayments, deductibles and other patient cost sharing amounts. Consequently, some out-of-network providers have begun to encourage patients to continue receiving services despite the provider's out-of-network status by waiving or reducing the increased portion of the copayment, coinsurance, or deductible amount attributable to the out-of-network services. Notably, this reduction or waiver is being given without regard to the patient's financial ability to pay in an attempt to create parity for the member so that the cost to the plan member is the same as if he or she had gone to an in-network provider (the "Practice"). But, providers who engage in this Practice risk being charged with violating state and federal laws and sued by managed care organizations ("MCOs").

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Managed Care & Insurance Interest Group

The Managed Care & Insurance Interest Group focuses on such issues as federal and state regulation of HMOs and other managed care organizations.

The IG is led by Chair Cindy M. Stamer, Glast, Phillips & Murray, PC, Dallas, TX and Vice Chairs Michelle Apodaca, Brown McCarroll LLP, Austin, TX; Denise Glass, Fulbright & Jaworski LLP, Dallas, TX; Gabriel Parra, Presbyterian Healthcare Services, Albuquerque, NM and Daniel K Settelmayer, Latham & Watkins LLP, Los Angeles, CA

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

Do you want to communicate your ideas to thousands of other members through the wonders of cyberspace? To contribute a newsletter article on a health law topic, send us your ideas to Adam.Bielawski@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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