ABA Health eSource October 2013 Volume 10 Number 2
ABA Health eSource - Your link to the ABA's Health Law Section
October 2013 Volume 10 Number 2
Health Law Section NewsOctober 24, 2013
October 24, 2013
FDA Fundamentals
(CLE Webinar & Teleconference)
October 25, 2013
Overview of the HIMSS Innovation Center
(Member Benefit Webinar)

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2013 Physicians Legal Issues Conference Materials

Health Law Highlights

Health Law News

HHS Office of Inspector General (OIG)

Member Resources

The HITECH Business Associate Contract Bible: Provisions for Covered Entities, Business Associates and Subcontractors
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: Now More Than Ever

By Kathleen Scully-Hayes, Social Security Administration,
Baldwin, MD

Personally, October is one of my favorite months, and I look forward to its arrival. The weather in Baltimore is almost always pleasant. The heat and humidity from the mid-Atlantic summer is gone, and you can finally turn off the air conditioner and open the windows. The leaves start changing, the mums are blooming, there is a wonderful crispness in the air, and the Baltimore Ravens are back on the football field! As a career federal employee, however, professionally it is my least favorite month.

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

The Latest Development in Medicare Audits:
Supplemental Medical Review Contractor (“SMRC”) Audits

By Jessica L. Gustafson and Abby Pendleton, The Health Law Partners, P.C, Southfield, MI

As healthcare providers and suppliers are very much aware, the Centers for Medicare & Medicaid Services (“CMS”) has adopted and implemented numerous Medicare auditing initiatives, each with a slightly different focus, and include the following:

  • Comprehensive Error Rate Testing (“CERT”) audits to measure improper payments in the Medicare fee-for-service (“FFS”) program;

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FDA Applies a Risk-Based Approach to Regulating Mobile Apps

By Catherine Barrett, MITRE Center for Transforming Health, McLean, VA

There are thousands of health-related mobile applications (“mobile apps”) from weight-loss trackers to diagnostic tools available for consumers to download onto mobile devices and use. In response to this growing trend, the Food and Drug Administration (“FDA”) began regulating select mobile apps to protect the health and safety of the public.

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Obama Administration, Treasury Push PPACA Employer Reporting Requirements and Penalties to 2015

By Lindsey E. Surratt, Compliance Officer, and Katharine E. Marshall, Compliance Officer, HCW Employee Benefit Services, L.L.C., Durham, North Carolina

On July 2, 2013, two early evening blog posts from the White House and the U.S. Department of the Treasury provided a one year reprieve for many applicable large employers from the employer health insurance reporting and shared responsibility requirements.

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Breast Cancer Task Force Makes a Difference in the Lives of Cancer Patients

In 2000, the American Bar Association Commission on Women in the Profession (the “Commission”) received a grant from the Susan G. Komen Foundation to create a program to train attorneys to advocate for breast cancer patients who need assistance related to their diagnosis and/or treatment. The Commission developed materials that include information on breast cancer and protecting the rights of diagnosed women.

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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.

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 Wes M. Cleveland, American Medical Association, Chicago, IL and Vice Chairs Kathleen L. DeBruhl, Kathleen L. Debruhl & Associates, LLC, New Orleans, LA; Jessica Gustafson, The Health Law Partners, P.C., Southfield, MI; Elizabeth A. Snelson, Legal Counsel for the Medical Staff PLLC, Saint Paul, MN and Earnesta Taylor, Mission, TX.

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, Law Offices of Fehn, Robichaud & Colagiovanni, PLLC, Troy, 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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