ABA Health eSource - Your link to the ABA's Health Law Section
January 2013 Volume 9 Number 5
Health Law Section NewsJanuary 23, 2013
January 24, 2013
Stark Law Fundamentals
(CLE Webinar & Teleconference)
January 25, 2013
Cutting Through the HIPAA Hype: What You Need to Know About the HITECH Act Rules
(CLE Webinar & Teleconference)
January 30, 2013
Complimentary CLE Webinar "AMA Principles for Physician Employment"
(Exclusively for Health Law Section Members)

Health Law Highlights

Health Law News

HHS Office of Inspector General (OIG)

For more Resources
and News
click here.


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: Social Media

This month I asked Matthew Fisher, our Young Lawyers Division (YLD) Liaison to the Health Law Section’s Council to describe the Section’s Social Media initiative. Matt and Marc Meyer, a former YLD Liaison to the Council and current Chair of the Section’s new Nursing and Allied Healthcare Issues Task Force are our inaugural Social Media Co-Editors. The Social Media initiative is the product of much creative thinking and hard work by Matt, Marc, Simeon Carson and others. I am confident that the initiative will transform and strengthen the Section’s relationship with its members, the ABA and our profession. With that, I will pass the pen to Matt.

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This edition of eSource is brought to you by the Public Health & Policy Interest Group.


Free Redline of the Final HIPAA Omnibus Rules
Exclusively for Health Law Section Members
By Deborah C. Hiser, Chair, Brown McCarroll, L.L.P., Austin, TX

The Health Law Section, through its eHealth, Privacy & Security Interest Group, is pleased to provide you with a redline of the changes in the final HIPAA omnibus rules which were recently released. Using the redline, you can quickly view how the omnibus rules implicate a particular HIPAA issue. This tool will be invaluable for health lawyers who are working through the implications of the new regulations.

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HHS Issues New Guidance On De-Identifying Protected Health Information
By Jacqueline Klosek and Anna Hsia, Goodwin Procter LLP,
New York, NY

The Office for Civil Rights (“OCR”) of the United States Department of Health and Human Services recently issued a report entitled, “Guidance Regarding Methods for De-identification of Protected Health Information in Accordance with the Health Insurance Portability and Accountability Act (HIPAA) Privacy Rule” (the “De-identification Guide”).

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Examining the Obesity Epidemic’s effects on Public Health through the Lens of Marketing Food to Children
By Marissa Lydon, Office of the Attorney General of Texas,
Austin, TX

Childhood obesity is a major public health concern in the United States. The obesity epidemic has been on a steady rise for the last thirty years, with obesity rates among children and teens almost tripling between 1980 and today. According to a study by the Centers for Disease Control and Prevention, it is estimated that obesity costs the healthcare system $147 billion annually. These costs, accounting for approximately nine percent of annual medical costs, are generated from the treatment of diseases brought about by obesity, such as diabetes, heart disease, respiratory problems and high blood pressure.

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CMS Mostly Precludes Partial Medicaid Expansion Under the Patient Protection and Affordable Care Act
By Steven W. Postal, Strategic Health Care, Washington, DC

On December 10, the Obama Administration in a memo via the Centers for Medicare & Medicaid Services (“CMS”) commented that states must expand their Medicaid programs under the Patient Protection and Affordable Care Act (“PPACA”) to cover those earning up to 133 percent of the federal poverty level (“FPL”), or forgo expansion entirely. The federal government will cover 100 percent of the cost of new Medicaid enrollees in 2014, 2015, and 2016, and incrementally less until 2020, when it will cover 90 percent then and thereafter.

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Public Health & Policy Interest Group

The Public Health & Policy Interest Group provides leadership to the ABA Health Law Section, and the ABA at large, in the area of public health and policy matters.

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 Rakel M. Meir, Tufts Health Plan, Watertown, MA and Vice Chairs Afia K. Asamoah, Covington & Burling LLP, New York, NY; Deirdre Golden, MD, MS, JD, LLM, University of Michigan, Health Mgmt & Policy, School of Public Health, Ann Arbor, MI; Major Joseph B. Topinka, US Army Medical Command, Fort Sam Houston, TX and Kyle McConnell Wiggins, Baker, Donelson Bearman, Caldwell & Berkowitz, PC, Memphis, 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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