March 01, 2017

Experts to discuss the future of the ACA and other health care policies at ABA meeting in New Orleans

WASHINGTON, March 1, 2017 — Experts participating in the American Bar Association Emerging Issues in Healthcare Law Conference will tackle hot-button topics, including the legal issues surrounding the future of the Affordable Care Act and other health laws under the Trump Administration, antitrust developments, legalized marijuana and the implications for public health and “death with dignity” laws, among many other issues. 

Emerging Issues in Healthcare Law
Sponsored by the ABA Health Law Section

Wednesday-Saturday, March 8-11

Roosevelt New Orleans
130 Roosevelt Way
New Orleans, LA 70112

Program highlights include:

“How Will the Election Affect Access to Healthcare for Diverse Communities?” Proposed changes to health care law and policy following the election may have profound effects on access to health care. This program will examine efforts proposed or undertaken by the new administration and the potential impact of those efforts, especially within diverse communities, and will also evaluate congressional initiatives, executive orders and trends at the state and local levels.

Wednesday, 5-6 p.m.

“Providers and Payers Wheeling and Dealing: A View from the Antitrust Enforcers” There has been a renewed focus on antitrust enforcement in the health care industry, a trend that is likely to increase. This program, featuring panelists Deborah L. Feinstein, director, Bureau of Competition, Federal Trade Commission, Washington, D.C.; and Barbara Neal Reeves, JAMS, Los Angeles; and

Peter J. Mucchetti, chief, Litigation I Section, U.S. Department of Justice, Washington, D.C., will review the latest antitrust developments involving hospitals, physicians, other providers, payers and licensing boards.

Thursday, 9-10:15 a.m.

Up in Smoke: Lighting up the Debate over Marijuana & Public Health” As cannabis legalization efforts spread across the country, debates are raging over legal and public health questions related to cannabis use. Cannabis advocates stress its power to transform communities and assist individuals through recreational and medicinal use. Opponents point to the mounting public health risks to the nation at large, particularly for vulnerable populations. An expert panel, including Krishna Andavolu, host of Weediquette, VICE Media, New York, N.Y., will survey the landscape.

Thursday, 1:30-2:45 p.m.

You’re Fired? Bracing for Trump-Inspired Healthcare Reform Uncertainty” — This program will focus on the current and future state of health reform for payers, including some of the challenges and successes of the ACA, as well as the possibility of market disruption following the 2016 election. A panel of experts will look at ongoing litigation over risk corridors, risk adjustment and cost-sharing reductions in reimbursements; individual eligibility standards for special enrollment periods and transient individuals; and the impact on premiums of benefit mandates and consumer protection efforts.

Thursday, 4-5 p.m.

“Divergent Paths: Management, Counsel and Living in a Post-Yates Memo World” — The Department of Justice’s adoption of the Yates Memo, promising new enforcement initiatives against individuals implicated in alleged corporate wrongdoing, creates new potential conflicts between management and counsel charged with investigating alleged violations and negotiating settlements. This program will focus on how to navigate tensions between management and counsel and build a successful relationship with DOJ and HHS Office of Inspector General. An expert panel, including Ashlee McFarlane, assistant chief, Fraud Section, Criminal Division, U.S. Department of Justice, Houston, will discuss how to assure balance and fairness in reporting facts and seeking resolution; navigate tensions between management and counsel; ensure balance and fairness in internal investigation; new standards for cooperation with government investigators and successful resolution of government investigations.

Thursday, 4-5 p.m.

“Replacing the ACA—An Update from Washington, D.C.” This program will provide up-to-the-minute insights regarding the status of the ACA, as well as the health care priorities and policy positions of the Trump administration and new Congress that will likely drive replacement legislation. The panel also will address implications for coverage in the non-group health insurance marketplace and under the Medicare and Medicaid programs; the future of value-based purchasing; and Medicare and Medicaid program integrity.

Friday, 8:30-9:45 a.m.

“Death with Dignity: Legal, Ethical, Clinical and Pharmaceutical Perspectives” — “Death with Dignity” laws exist in six states, with legislation pending in others. A panel of experts will provide an overview of the regulations across the nation and analysis and recommendations for situations in which patients request death-with-dignity assistance from clinicians, where the practice is legal and where it is not. The discussion will also include the special pharmaceutical issues that arise in this context, as well as ethics statements by professional societies and exemptions from participation.

Friday, 1:45-2:45 p.m.

A complete agenda can be found online.

This event is free and open to members of the press. For media credentialing, please contact Priscilla Totten at

With more than 400,000 members, the American Bar Association is one of the largest voluntary professional membership organizations in the world. As the national voice of the legal profession, the ABA works to improve the administration of justice, promotes programs that assist lawyers and judges in their work, accredits law schools, provides continuing legal education, and works to build public understanding around the world of the importance of the rule of law. View our
privacy statement online. Follow the latest ABA news at and on Twitter @ABANews.