ABA Health eSource October 2011 Volume 8 Number 2
ABA Health eSource - Your link to the ABA's Health Law Section
October 2011 Volume 8 Number 2
Health Law Section NewsOctober 7, 2011

October 12, 2011
HIPAA Today: Hitting the Top HITECH Highlights
(CLE Webinar & Teleconference)

Breast Cancer Task Force Seeking Survivor Stories
The Breast Cancer Task Force is collecting survivor stories that will serve as a place for information and inspiration for attorneys dealing with breast cancer. Click here for more information.

October 20, 2011
The Bradford Case:
Lessons Learned on Structuring and Valuing Acquisitions of Physician Ancillary Businesses

(CLE Webinar & Teleconference)
October 21, 2011
Cancer Rights Conference
Ann Arbor, MI
(Free In-Person CLE Conference)

November 3, 2011
Accountable Care Organizations: Physician Perspective
(CLE Webinar & Teleconference)

Health Law Highlights

Health Law News

ACO Resources & 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


What Your Clients Wish You Knew About Healthcare Reform
An invitation from David Douglass and Don Romano

The real-world implications of healthcare reform and the changing environment for providers, insurers and the public are of critical importance to lawyers across many practice areas, both inside and outside of "traditional" health law. To make sure you stay current in this rapidly changing area of law, we invite you to join us at the 9th Annual Washington Healthcare Summit, to be held on October 17-18, 2011 at the Ritz-Carlton Pentagon City.

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

DEA Audits: “Coming to a Theatre Near You”
By Ronald J. Friedman, Lane Powell PC, Seattle, WA

We live in a time of ever-increasing government regulation and enforcement. One area in which this is becoming increasingly prevalent for medical providers is the area of Drug Enforcement Administration (“DEA”) audits. The DEA is charged with the responsibility to monitor the supply and distribution of all pharmaceutical controlled substances in the United States. Any medical provider wishing to prescribe, administer, or dispense controlled substances must be registered with the DEA. Manufacturers, distributors, and pharmacies are also DEA registrants.

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Physician Participation in the MSSP:
The Risks May be Greater than the Rewards

By Mark E. Wilson and Rose Willis, Miller Canfield P.L.C.,
Troy, MI

While accountable care organizations (“ACOs”) have been hailed as an opportunity for healthcare providers to improve patient care and efficiencies and share in the resulting cost savings, the ACO structure currently set forth in the Medicare Shared Savings Program (the “MSSP”) scheduled to start on January 1, 2012, may go forward without significant commitment from independent physician practices. Several risks to physician participation in the MSSP exist which if not addressed in the Final Rule could discourage involvement by independent physicians, a major component of the healthcare industry.

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Physician Identity Theft
By Cybil G. Roehrenbeck, American Medical Association, Washington, DC

On October 13, 2010, the Federal Bureau of Investigation (“FBI”) unsealed indictments charging 44 alleged members and associates of an international crime organization for what the FBI described as the “largest single Medicare fraud ever charged.” Reportedly, the organization’s activities spanned 25 states, operated in 118 phantom clinics, and billed at least $100 million in fraudulent claims.

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Healthcare Providers May Violate HIPAA by Using Mobile Devices to Communicate with Patients
By Catherine Barrett, Federal Working Group, Washington, DC

Communicating with patients using mobile devices such as Blackberrys, iPhones, iPads, or Android phones is a fast-growing trend among healthcare providers. A recent survey of almost 3,800 physicians estimates “83% of physicians own at least one mobile device and about one in four doctors are "super mobile" users who leverage both smartphones and tablet computers in their medical practices.” As patients and clinicians increasingly use mobile devices to communicate with each other, the trend raises concerns about the security of protected health information (“PHI”).

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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

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 L. 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; Paul A. Race, Southern University Law Center, Baton Rouge, LA and Elizabeth A. Snelson, Legal Counsel for the Medical Staff PLLC, Saint Paul, MN.

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 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; Marla Durben Hirsch, Potomac, MD; 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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