ABA Health eSource - Your link to the ABA's Health Law Section
October 2012 Volume 9 Number 2
Health Law Section NewsOctober 23, 2012

November 7, 2012
Putting Pen to Paper: Service Line Co-Management Agreements, Models & Practicalities

Complimentary Podcast
The U.S. Supreme Court Has Ruled: Implications for Physicians, featuring Donald J. Palmisano and Stephen L. Ondra

Complimentary Podcast
Drug Shortages: A Closer Look at a Growing Public Health Concern

Health Law Highlights

Health Law News

HHS Office of Inspector General (OIG)

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Section Chair's Column: Amplify Your Voice

By David L.Douglass,Shook, Hardy & Bacon L.L.P., Washington, DC

Last month I attended the ABA Section Officers Conference. As the name reflects, the SOC, as it is called, is comprised of the officers of the ABA Sections, Divisions and Forums. The Conference affords an opportunity for the officers to compare experiences, share ideas, and promote collaboration. It also provides opportunity for the officers to dialogue with the Association’s leadership about the state of the ABA, the challenges it is facing, and solutions and initiatives it is pursuing.

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This edition of eSource is brought to you by the Physician Issues Interest Group.


Service Line Co-Management Arrangements:
Models & Practicalities

By Pamela H. Del Negro, Robinson & Cole LLP, Hartford, CT

With increasing frequency, physicians and hospitals are aligning through co-management arrangements to increase the quality of healthcare provided through hospital service lines. Under these arrangements, a hospital and a group of physicians enter into a management contract or joint venture through which the physicians receive compensation for managing and improving care in a specific hospital service line (orthopedic surgery, cardiology, oncology, etc.).

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Physician-Owned Medical Device Distributors:
A Controversial Business Model

By John E. Kelly and Anne P. McNamara, Bass, Berry & Sims PLC, Washington, D.C.

Financial arrangements in the healthcare industry are complicated and constantly evolving. Nothing exemplifies this more than the recent growth in the formation of physician-owned medical device distributors, or PODs. Although the PODs business model has been gaining in popularity, opponents criticize it for operating in the grey in terms of legality and creating conflicts of interest. Conversely, proponents of PODs say that it is a legal and beneficial business model when it is properly structured. Recent government and public scrutiny has led stakeholders to question whether the rewards of PODs are worth the risks.

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OIG Work Plan 2013 & the Medicaid Drug Rebate Program: Compliance Enforcement in an Uncertain Regulatory Environment
By Matthew T. Fornataro, Arnold & Porter LLP, Washington, D.C.

The Department of Health and Human Services Office of Inspector General (“OIG”) recently released its Work Plan for Fiscal Year 2013 (the “Work Plan”), which contains numerous oversight and enforcement objectives for the Medicaid Drug Rebate Program (“MDRP”). In 2013, the OIG’s review of MDRP requirements will include manufacturer compliance with calculating Average Manufacturer Price, timely reporting of drug prices, and calculating and paying accurate rebates for product “line extensions.”

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Opportunities for Health Law Section Leadership

By W. Thomas Smith, Chair, Interest Group Leadership Team

If you are interested in becoming involved in Health Law Section leadership, please consider applying for one of the open liaison roles currently available from our twelve Interest Groups. Membership in each respective IG is a requirement for each position. If you aren't currently a member, and would like to join now at no cost, please contact Simeon Carson, Associate Director, at simeon.carson@americanbar.org.

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Physician Issues Interest Group

The Physician Issues Interest Group focuses on issues relating to joint ventures, Stark Law and fraud and abuse, practice management arrangements, medical staff issues, medical malpractice insurance issues, credentialing issues, HIPAA, and other issues relevant to attorneys who represent physicians.

The IG is led by Chair Julian Rivera, Brown McCarroll LLP, Austin, TX and Vice Chairs Wes M. Cleveland, American Medical Association, Chicago, IL; Kathleen L. DeBruhl, Kathleen L. Debruhl & Associates, LLC, New Orleans, LA; Elizabeth A. Snelson, Legal Counsel for the Medical Staff PLLC, Saint Paul, MN and Eric J. Weatherford, Brown McCarroll LLP, Dallas, TX.

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 Conrad Meyer, Chehardy Sherman, LLP, New Orleans, LA and editorial board members Claire Castles, Jones Day, Los Angeles, CA; Robyn Diaz, St. Jude Children's Research Hospital, Memphis, TN; Robert T. Rhoad, Crowell & Moring LLP, Washington, DC; Jennifer Tsao, Hernandez Schaedel & Associates LLP, Pasadena, CA and Jose Vela Jr, Assistant United States Attorney, Southern District of Texas, Houston, TX.

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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