ABA Health eSource July 2013 Volume 9 Number 11
ABA Health eSource - Your link to the ABA's Health Law Section
July 2013 Volume 9 Number 11
Health Law Section NewsJuly 29, 2013

August 6, 2013
The Roadmap to Employee Disclosures: Best Practices and Practical Solutions to Benefits Communication Overload
(CLE Webinar & Teleconference)

Available Now!
2013 Physicians Legal Issues Conference Materials

The HITECH Business Associate Contract Bible: Provisions for Covered Entities, Business Associates and Subcontractors

August 22, 2013
Fundamentals of Tax-Exempt Healthcare Organizations
(CLE Webinar & Teleconference)

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


Section Chair's Column: How can that be?

By David L. Douglass, Sheppard Mullin, Washington, DC

In the final week of its term, the Supreme Court issued three decisions defining the meaning of the Constitutional guarantee of equal protection that also carry implications for health law and policy. In Fisher v. University of Texas, the Court, by a 5-4 majority, reaffirmed the constitutionality of promoting diversity in higher education. Although the Court did not go as far as many of us had hoped, it certainly did not go in the direction that many of us feared. Although I, like so many others, anxiously awaited the decision, I had not until recently appreciated how Fisher is also a health law case.

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

In ERISA We Trust: U.S. Supreme Court Rules that ERISA Plan Language Cannot Be Trumped by Equitable Defenses in Fiduciary Action for Reimbursement

By Benjamin R. Garbe, Anderson, Helgen, Davis & Nissen, P.A., Minneapolis, MN

In a landmark decision that defined the trajectory of ERISA reimbursement litigation, the United States Supreme Court held in US Airways v. McCutchen that the express terms of an ERISA benefits plan could not be overridden by subsequent equitable defenses asserted by a participant who had received a tort recovery.

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HITECH Task Force Resources

The Health Law Section is pleased to announce several new resources developed by the HITECH Task Force. Most of the resources are available as a complimentary Health Law Section member benefit. A special thank you to the chair of the task force, John Christiansen, and other members of the group who devoted valuable time to creation of these valuable tools. Below is a sample of the products created this year.

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Episode of Care Payments, Limits on the Provision Of Care, and the Impact on Behavioral Health

By Greg Heller, Young Ricchiuti Caldwell & Heller, LLC, Philadelphia, PA

The fee for service reimbursement model is on the way out, and reimbursement models that have the goal of more closely aligning reimbursement with either better patient care or cost savings (hopefully both) are on the way in. One mechanism that has received a lot of recent attention is a bundled payment system, in which a payment covers a specified set of services for a specified episode of care. CMS’s Center for Medicare and Medicaid Innovation (“CMMI”) is well along with its Bundled Payments for Care Improvement Initiative. Many managed care companies have implemented bundled payments for certain conditions and procedures, and are looking to expand the role of such payments.

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Employee Benefits & Executive Compensation Interest Group

The Employee Benefits & Executive Compensation Interest Group focuses on the rules governing 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.

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 Tiffany Navarro Santos, Trucker Huss, APC, San Francisco, and Vice Chairs Samuel S Choy, McKenna Long & Aldridge LLP, Atlanta, GA; Douglass Farnsworth, Trenam Kemker, Tampa, FL; Jason Lacey, Foulston Shiefkin LLP, Wichita, KS and Janet L Pulliam, Watts Donovan & Tilley PLC, Little Rock, AR.

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; Amy K. Fehn, Wachler & Associates, P.C., Royal Oak, MI; Steven Postal, National Association for Home Care and Hospice, Washington, DC; Robert T. Rhoad, Crowell & Moring LLP, Washington, DC 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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