ABA Health eSource - Your link to the ABA's Health Law Section
July 2010 Volume 6 Number 11
Health Law Section News  July 7, 2010

July 14, 2010
Supreme Court Update on ERISA Issues
(CLE Teleconference)

July 20, 2010
Healthcare Reform:
Is It Constitutional?

(CLE Teleconference)

July 20, 2010
Updating Your Medical Staff Goverance & Bylaws for MS.01.01.01: Putting Pen to Paper
(CLE Teleconference)

July 20, 2010
Is Your 401(k) Default Fund on Target? New DOL and SEC Guidance on Target Date Funds
(CLE Teleconference)
July 22, 2010
Experts' Guide to Employee Benefits Research
(CLE Teleconference)
June 29, 2010
Mental Health Parity: What the Future Holds for Health Insurance Coverage of Mental Health and Addiction Treatment Services
(CLE Teleconference)

Health Law Highlights

PPACA Resources

Latest Resources & News

HHS Office of Inspector General (OIG)

For more Resources
and News
click here.


New BNA Products
New Reference Manual
Civil Mental Disability Law, Evidence and Testimony: A Comprehensive Reference Manual for Lawyers, Judges and Mental Disability Professionals
(Pre-Order Now)
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 W. Hilgers, Brown McCarroll, L.L.P., Austin, TX

Congratulations are due once again to the volunteers, leaders and staff of the Health Law Section for the 9th successful Annual Physician-Legal Issues Conference in Chicago. On June 10th, a sold-out program convened, with both outstanding programs and presenters. This program is our annual one-day, fly-in/fly-out program focusing solely on physician issues. This allows the participants to fly in on Wednesday night, secure a full-day’s CLE and return to their homes on Thursday evening. It is a highly focused program, bringing in-depth evaluation on the legal issues facing attorneys representing physicians.

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Health Reform Act Contains New Requirements for Tax Exempt Hospitals
By James Saling, Baker, Donelson, Bearman, Caldwell & Berkowitz, PC, Jackson, MS

The Patient Protection and Affordable Health Care Act (“PPACA”), as amended by the Health Care and Education Reform Act, contains four new requirements for tax exempt hospitals. A tax exempt hospital must now: 1) implement financial assistance and emergency care policies and programs and notify patients of the same; 2) restrict charges of uninsured and indigent patients to the amounts charged to insured patients; 3) restrict extraordinary collection actions until the hospital has made reasonable efforts to determine whether the individual is eligible for financial assistance; and 4) conduct a community health needs assessment (“CHNA”) at least once every three years. These new requirements are embodied in Section 501(r) of the Internal Revenue Code.

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Stay Tuned: Tuomey Healthcare System Ordered To Repay $45 million In Connection With Stark Law Violation; Judge Allows Government’s False Claims Act Re-Trial To Proceed
By Gary Keilty, Managing Director, RESOLVE advisory partners, LLC , Tampa, FL
and William Mathias, Principal, Ober | Kaler, Baltimore, MD

The saga of Tuomey Healthcare System’s (“Tuomey”) battle with the Department of Justice (DOJ) over allegations of Stark and False Claims Act violations continues with potentially far reaching implications for the healthcare industry. On June 3, 2010, Senior U.S. District Judge Matthew Perry, Jr. granted the DOJ’s motion for a new trial on the False Claims Act violations. At the same time, Judge Perry let stand the part of a jury verdict that found Tuomey had violated the Stark law. Though the Court has yet to issue an order, the finding of the Stark law violation could result in Tuomey having to repay nearly $45 million in Medicare reimbursement. Depending on the results of the new trial, Tuomey could be subjected to treble damages and potential exclusion from Medicare and other federal healthcare programs.

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Congratulations and Farewells
By David W. Hilgers, Brown McCarroll, L.L.P., Austin, TX

Congratulations are in order for Sena Leach, the Associate Director of the Health Law Section for the last five years. She has taken a new job with Radiological Society of North America. Sena will work directly with the Research and Education Foundation to provide strategic guidance to its Board and Committee Leadership. This is a fabulous opportunity for her. What’s more it is only ten minutes from her home. Now, she can avoid the difficult Chicago commute and have more time to spend with her two children and husband. The Section Council is very happy for this opportunity for Sena.

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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 & 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 Laura Gabrysch, Fulbright & Jaworski LLP, San Antonio, TX and Vice-Chairs Michael A. Clark, Sidley Austin Brown & Wood LLP, Chicago, IL; Ralph DeJong, McDermott Will & Emery LLP, Chicago, IL; Judith E. Kindell, Internal Revenue Service, Washington , DC and Gwendolyn Joy Spencer, PricewaterhouseCoopers, Boston, MA.

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 and Conrad Meyer, Chaffe McCall, LLP, New Orleans, LA.

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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