ABA Health eSource - Your link to the ABA's Health Law Section
November 2012 Volume 9 Number 3
Health Law Section NewsNovember 20, 2012
December 6, 2012
Ethics of Healthcare Attorneys
(CLE Webinar & Teleconference)

Health Law Highlights

Health Law News

HHS Office of Inspector General (OIG)

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Section Chair's Column: Democracy in Action

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

In the aftermath of Tuesday’s election results one television pundit sighed, “Well, at least it’s over.” She continued on to observe (and I am paraphrasing), “that regardless of which presidential candidate anyone supported, no one really felt good about this campaign.” It does seem that the nation has uttered a collective sigh of relief that regardless of your party or candidate the election of 2012 has the virtue of being history. I can understand that sentiment, but it is not the only way to view the campaign.

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This edition of eSource is brought to you by the Healthcare Facility Operations Interest Group.


Much Anticipated Electronic Medical Records Face Cost, Interoperability Shortcomings
By Steven W. Postal, Strategic Health Care, Washington, DC

Secretary of the Department of Health and Human Services (“HHS”) Kathleen Sebelius and Attorney General Eric Holder, in a recent letter to hospital and provider associations, stated that the U.S. government shares the goals of hospitals and providers in providing “affordable care…which can be better achieved once all Americans have…electronic health records.” The Obama Administration, on its website Healthcare.gov, stated that “[u]sing electronic health records will reduce paperwork and administrative burdens [and] cut costs.”

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Do Electronic Health Records Promote Billing Fraud?
By Lauraine Palm Singh, Singh Advisors, LLC, Twin Cities, MN

A centerpiece in the national healthcare reform agenda is the goal that electronic health records (“EHRs”) will lower costs and improve quality. Recently however, there have been reports from the Center for Public Integrity (“CPI”) and the New York Times that doctors and hospitals are using EHRs to document and bill for services which weren’t performed. The clamor has escalated, with many claiming that EHRs make it easier for providers to “game the system” and fraudulently bill the government for services that were never performed.

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NACDS General Counsel To Address Major Pharmacy Issues at 10th Annual ABA Washington Health Law Summit Luncheon
By Ned Milenkovich, McDonald Hopkins LLC, Chicago, IL

On December 3-4, 2012, the American Bar Association will be hosting its 10 th Annual Washington Health Law Summit. This time-honored event will take place at the Washington Marriott Wardman Park. The featured luncheon program will be presented by Senior Vice President and General Counsel of the National Association of Chain Drug Stores, Mr. Don Bell, II.

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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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Healthcare Facility Operations Interest Group

This Healthcare Facility Operations Interest Group focuses on the laws, regulations, and policies governing the operations of hospitals and other healthcare facilities.

The IG is led by Chair Neil William Kunkel, Capella Healthcare, Inc., Franklin, TN and Vice Chairs Jeffrey A. Calk, Walter Lansden Dortch & Davis, LLP, Nashville, TN; Catherine M. Greaves, Cox Smith Matthews Inc, Austin, TX; Scott Schweiger, Acadia Healthcare Company, Inc., Franklin, TN and Steven R. Smith, Ober Kaler Grimes & Shriver, Washington, DC.

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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