ABA Health eSource - Your link to the ABA's Health Law Section
July 2012 Volume 8 Number 11
Health Law Section NewsJuly 24, 2012
July 26, 2012
Fundamentals of Medical Staff/Hospital and Peer Review
(CLE Webinar & Teleconference)
August 9, 2012
Using Deferred Compensation to Incentivize Physicians to Take EMTALA Calls
(CLE Webinar & Teleconference)

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Chair's Column: Acoma

I have previously written about the connection with land and sky that I, and many other New Mexicans, feel for certain places in our state. In May members of the Section Council gathered for our annual spring meeting at the Tamaya resort on the Santa Ana Pueblo north of Albuquerque. My not-so-secret agenda was to expose my colleagues to a location far removed in time and place from everyday life as most experience it. The Acoma Pueblo filled that bill perfectly.

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View a Demo of the Stark & Anti-Kickback Toolkit Today!

The new Stark & Anti-Kickback Tookit is the first in a series of practical electronic tools to be generated by the ABA Health Law Section. Reduce the mountain of paper on your desk with this one-of-a-kind resource offering subcribers a centralized location to electroncially search adminstrative materials relating to the Stark & Anti-Kickback laws.  

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This edition of eSource is brought to you by the Employee Benefits & Executive Compensation Interest Group.


Practical Implications of Health Care Reform for Employers
By Bruce Howell, Schwabe Williamson & Wyatt, PC,Portland, OR

On June 28, 2012, the United States Supreme Court upheld the constitutionality of certain health plan provisions of the reform legislation known as the Patient Protection and Affordable Care Act ( “PPACA”). Some provisions were already in place and other provisions are to be implemented over time. What follows is a brief summary of the key dates and provisions of PPACA over the next few years.

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The "Summary of Benefits and Coverage" Requirement Under PPACA
By Robert W. Patterson, Jaeckle Fleischmann & Mugel, LLP, Buffalo, New York

The Patient Protection and Affordable Care Act (“PPACA”) includes several provisions intended to facilitate "comparison shopping" for health coverage by employees and consumers.

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Ninth Circuit Opines on Equitable Remedies under ERISA after the Supreme Court’s Amara Decision
By Clarissa A. Kang, Trucker Huss, APC, San Francisco, CA

The U.S. Ninth Circuit Court of Appeals has clarified two forms of equitable relief – “reformation” and “surcharge” – that may be available under the Employee Retirement Income Security Act of 1974 (“ERISA”).

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Planning for MLR Rebates to Group Health Plans
By Jason P. Lacey, Foulston Siefkin LLP, Wichita, Kansas

Under Section 2718 of the Public Health Service Act, health insurers are required to spend a minimum percentage of insurance premiums (generally 85 percent in the large-group market and 80 percent in the small-group market) on medical care and quality improvement.

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Forfeiting the War to Win the Battle: Drakeford v. Tuomey Highlights How Filing a Partial Motion Under Rule 59 Might Backfire
By Jeffrey J. Lauderdale and Molly A. Drake, Calfee, Halter & Griswold LLP, Cleveland, OH

The Fourth Circuit’s recent decision in U.S. ex rel. Drakeford v. Tuomey Healthcare System, Inc. has generated a great amount of interest among healthcare lawyers and legal scholars. Particularly, the decision’s focus on whether Tuomey’s actions constituted “referrals” and whether Tuomey’s contracts implicated the Stark Law’s “volume or value” standard have stirred debate on the proper application of Stark to the referral system that Tuomey created.

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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 Christopher S. Sears, Ice Miller LLP, Indianapolis, IN and Vice Chairs Samuel S. Choy, McKenna Long & Aldridge LLP, Atlanta, GA; Eugene M. Holmes , Proskauer Rose LLP , Washington, DC; Janet L. Pulliam, Watts Donovan & Tilley PLC, Little Rock, AR and Tiffany N. Santos, Trucker Huss, APC, San Francisco, CA.

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 Editor, Marla Durben Hirsch, Potomac, MD; Chair Adrienne Dresevic, The Health Law Partners, PC, Southfield, MI and editorial board members Claire Castles, Jones Day, Los Angeles, CA; Michael E. Clark, Duane Morris LLP, Houston, TX; Conrad Meyer, Chaffe McCall, LLP, New Orleans, LA; Robert T. Rhoad, Crowell & Moring LLP, Washington, DC 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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