ABA Health eSource September 2013 Volume 10 Number 1
ABA Health eSource - Your link to the ABA's Health Law Section
September 2013 Volume 10 Number 1
Health Law Section NewsSeptember 27, 2013
October 3, 2013
Exchange Contracting - the Significant Risk to Providers Posed by the Federal Grace Period
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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: Are You a Health Lawyer?

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

As I pondered (for weeks!) what I would write about in my first column as this year’s Chair of the Health Law Section, I did a couple of things. First, I searched for old copies of the Health Lawyer. I managed to find 10 in various locations throughout the house – several filed away in the bookshelves of my home office, a few in the reading table next to the chair I usually inhabit in the family room and still more (waiting to be read!) in the basket next to the bed.

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This edition of eSource is brought to you by the Business & Transactions Interest Group.

Tuomey Redux

By David Summer, Jr., Parker Poe, Columbia, SC

On May 8, 2013, for the second time in three years, a federal jury found that Tuomey Healthcare System (“Tuomey”), located in Sumter, South Carolina, violated the Stark Law by entering into 19 part-time physician employment agreements. The second jury also found that, as consequence of these illegal arrangements, Tuomey submitted over $39 million in false claims to Medicare.

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Tuomey – Another Verdict - FMV Boxing Match Continues

By Albert “Chip” Hutzler, HealthCare Appraisers, Inc.,
Delray Beach, FL 

Those familiar with the ongoing qui tam case of U.S. ex rel. Drakeford vs. Tuomey Healthcare System, Inc. know why it has been compared by some to a multi-round boxing match. The case has had truckloads of twists and turns, and after a recent retrial verdict against the hospital, the second jury verdict rendered in the case, Tuomey now faces mammoth liability for Stark Law and False Claims Act violations.

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Recent HIPAA Settlements Result from Breaches Involving Web Portals and Copy Machines

By Clay J. Countryman, Breazeale, Sachse & Wilson, LLP, Baton Rouge, LA

The Department of Health and Human Services (“HHS”) recently entered into two HIPAA settlement agreements involving the disclosure of electronic protected health information (“ePHI”) by health plans that provide important HIPAA compliance lessons for all covered entities.

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CMS’s Final Rule Regarding the Payment of Part B Inpatient Services and the Revised Standard for Hospital Inpatient Admissions

By Andrew B. Wachler and Jesse A. Markos, Wachler & Associates, P.C., Royal Oak, MI

On August 2, 2013, the Centers for Medicare & Medicaid Services (“CMS”) released the annual Hospital Inpatient Prospective Payment System Final Rule for FY 2014 (the “Final Rule”), effective for discharges occurring on or after October 1, 2013. The Final Rule revises CMS’s Part A to Part B rebilling policy and clarifies the inpatient admission guidelines. CMS adopted these policy changes to address longstanding concerns from hospitals that they need more guidance on when a Medicare beneficiary is appropriately admitted to a hospital as an inpatient and what is required for Medicare Part A payment of hospital inpatient services.

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Business & Transactions Interest Group

The Business & Transactions Interest Group focuses on the law and its application to the broad scope of transactions and business operations of those involved in the healthcare industry.

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 Christi J. Braun, Mintz, Washington, DC and Vice Chairs Clay J. Countryman, Breazeale Sachse & Wilson LLP, Baton Rouge, LA; James M. Daniel, Jr., Hancock Daniel Johnson & Nagle PC, Glen Allen, VA; Beth Connor Guest, Waller Lansden Dortch & Davis, LLP, Nashville, TN and Reesa Handelsman, Wachler & Associates PC, Royal Oak, MI.

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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