ABA Health eSource - Your link to the ABA's Health Law Section
February 2013 Volume 9 Number 6
Health Law Section NewsFebruary 14, 2013
February 15, 2013
Protecting Privilege in the Current Environment: Key Considerations to Mitigate Risk
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Cutting Through the HIPAA Hype: What You Need to Know About the HITECH Act Rules
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Health Law Highlights

Health Law News

HHS Office of Inspector General (OIG)

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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: The Way We Were

The good old days. The good old days. Everybody’s talkin’ about the good old days.

—Gladys Knight

This past month I have found myself thinking about change. A lot. Some of it is the time. A presidential election is all about change, one way or the other. A New Year invariably leads us to contemplate change. Many of us celebrate the New Year by resolving to make changes in our lives.

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This edition of eSource is brought to you by the Tax & Accounting Interest Group.


Supreme Court: Medicare Disproportionate Share Hospital (“DSH”) Providers Denied Right to Correct Reimbursement After Government’s Methodological Error Revealed

By Mary D. Lane, Mitchell Silberberg & Knupp LLP, Los Angeles, CA

The Medicare Disproportionate Share Hospital Program (“DSH”) is a program under which hospitals that serve a disproportionate share of low-income patients receive additional reimbursement from the Centers for Medicare & Medicaid Services (“CMS”). An estimate of the adjustment is paid when care is provided and then “trued up” annually through submission of a Medicare cost report. The cost report is typically audited by a fiscal intermediary (“FI”) acting on the government’s behalf, who notifies the hospital of its approved payment with a notice of program reimbursement (“NPR”).

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FDA and Regulation of GMOs
By Ramona Bashshur, JD, MJ, CFPH, Ann Arbor, MI

Genetically engineered or genetically modified organisms (“GMO”s, or “GM foods”) are defined as those in which “the genetic material (“DNA”) has been altered in such a way that does not occur naturally” This methodology is then used “to create GM plants – which are then used to grow GM food crops”. The use of these GMOs in the nation’s food supply has received increasing media attention due to growing concerns regarding their safety.

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Matters of Conscience (Recent Religious Challenges to the Patient Protection and Affordable Care Act)
By Bruce Howell, Schwabe, Williamson & Wyatt, Portland, OR

Just when it seemed as though the challenges to the Patient Protection and Affordable Care Act (“PPACA”) were over, especially those against the Individual Mandate, the centerpiece of the legislation, a renewal of objections to this law have arisen. This set of constitutional challenges involves First Amendment challenges, specifically under the First Amendment’s freedom of religion clause, and the Religious Freedom Restoration Act of 1993, as explained below. (“RFRA”)

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Tax & Accounting Interest Group

The Tax & Accounting Interest Group focuses on the various challenges facing the Healthcare industry from a tax and regulatory perspective.

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

The IG is led by Chair Lauren K. Mack, Polsinelli Shughart PC, Chicago, IL and Vice Chairs Richard T. Frazier, Saul Ewing LLP, Philadelphia, PA; Eric Joel Gould, Couzens, Lansky, Fealk, Ellis, Roeder, & Lazar, P.C., Farmington Hills, MI; Martin L. Monaco, Jr., Duane Morris LLP; Newark, NJ and Lauraine Palm Singh, Singh Advisors, LLC, Burnsville, TN.


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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