ABA Health eSource December 2012 Volume 9 Number 3
ABA Health eSource - Your link to the ABA's Health Law Section
December 2012 Volume 9 Number 4
Health Law Section NewsDecember 21, 2012
January 10, 2013
Challenges in the World of Hospital Mergers: Key State and Federal Regulatory Issues
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Section Chair's Column: Relationships

By David L. Douglass, Shook, Hardy & Bacon L.L.P., Washington, DC

I place the Chair’s Corner columns of my predecessor David Johnson squarely in the “hard act to follow” category. David is not only an accomplished lawyer, he is a gifted writer. He is also a surfer, jazz aficionado, connoisseur of fine single-malt whiskeys and, need I say it, a Yale man. (As they say, “You can always tell a Yale man, you just can’t tell him much”). I have long admired David’s ability to draw on his diverse experiences to see relationships in a different light. Who else could lead off a column with the question, “So, what do Aretha Franklin, Herman Melville and a Nobel laureate in economics have in common?”

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This edition of eSource is brought to you by the Managed Care & Insurance Interest Group.

Impact of the PPACA Insurance Exchanges on the Marketplace for Health Coverage
By Hilary Rowen, Sedgwick LLP, San Francisco, CA

The Patient Protection and Affordable Care Act (“PPACA”) creates “insurance exchanges” that will be the enrollment mechanism for Medicaid, the sole source of federally subsidized health coverage, and – possibly – a significant new distribution channel for nonsubsidized individual and small group coverage.

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FDA Regulation of Laboratory-Developed Tests: Necessary Oversight or Intrusion into the Practice of Medicine?
By Sean W. Develin, DevRose Systems Ltd, West Chester, PA

Laboratory-developed tests (“LDTs”) have been vital tools for physicians for more than 30 years. The ability of laboratories to develop and run custom diagnostic tests has contributed to the growth of personalized medicine. LDTs may be used for research only, for guiding patient treatment, or as “companion diagnostics” – tests that are used to determine the safe and effective use of corresponding therapeutic products. Because of the proliferation of LDTs, the Food and Drug Administration (“FDA”) has raised legitimate concerns regarding their safety and efficacy.

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Opportunities for Health Law Section Leadership
By W. Thomas Smith, Chair, Interest Group Leadership Team

If you are interested in becoming involved in Health Law Section leadership, please consider applying for one of the open liaison roles currently available from our twelve Interest Groups. Membership in each respective IG is a requirement for each position. If you aren't currently a member, and would like to join now at no cost, please contact Simeon Carson, Associate Director, at simeon.carson@americanbar.org.

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Managed Care & Insurance Interest Group

The Managed Care & Insurance Interest Group focuses on such issues as federal and state regulation of HMOs and other managed-care organizations.

The IG is led by Chair Alice L. King, Towers Watson, Dallas, TX and Vice Chairs Heather Baroni, HealthSpring, Nashville, TN; Jeffrey Gold, Healthcare Association of NYS, Rensselaer, NY; Denise E. Hanna, Locke Lord Bissell & Liddell, LLP, Washington, DC and Monica Piñon, Blue Cross & Blue Shield of Texas, Richardson, TX.

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 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; Robert T. Rhoad, Crowell & Moring LLP, Washington, DC; Jennifer Tsao, Hernandez Schaedel & Associates LLP, Pasadena, CA 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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