ABA Health eSource - Your link to the ABA's Health Law Section
September 2012 Volume 9 Number 1
Health Law Section NewsSeptember 20, 2012
October 1, 2012
FDA Public Health Clinical Trials Fundamentals
(CLE Webinar & Teleconference)
October 2, 2012
Stock Options & Other Equity Compensation Awards - Tax & Accounting Treatment
(CLE Webinar & Teleconference)
October 3, 2012
The U.S. Supreme Court Has Ruled:  Implications for Physicians
(Complimentary Member Benefit Teleconference)

October 4, 2012
Drug Shortages: A Closer Look at a Growing Public Health Concern
(Complimentary Member Benefit Teleconference)

October 18, 2012
Challenges in the World of Hospital Mergers: Corporate and Antitrust Concerns to Raise Early
(CLE Webinar & Teleconference)

Health Law Highlights

Health Law News

HHS Office of Inspector General (OIG)

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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: It’s time. Are you ready?

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

“My first Chair’s column is due when? How can I have a first Chair’s column due? I just joined the Section.” That’s how I feel anyway. The Health Law Section has been central to my professional (and personal) life for more than a decade. Yet, in many ways I still feel like I just joined. (No one has ever accused the ABA of being easy to access or understand). But, like many others, over the years I have found my Section involvement to be one of my most enjoyable, rewarding and satisfying affiliations. And now that I’m large and in charge I want to spread the word. And I want you to help. (That’s the in charge part). Are you ready?

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


Private Payor Participation in Accountable Care Organizations: Limitations, Risks, and Opportunities
By Kimberly J. Gold, Mintz, Levin, Cohn, Ferris, Glovsky and Popeo, P.C., New York, NY and Stephanie D. Willis, Mintz, Levin, Cohn, Ferris, Glovsky and Popeo, P.C., Washington, D.C.

The Medicare Shared Savings Program (“MSSP”), established by section 3022 of the Patient Protection and Affordable Care Act (“PPACA”) and overseen by the Centers for Medicare & Medicaid Services (“CMS”), provides an opportunity for eligible Medicare providers and suppliers that establish or participate in Accountable Care Organizations (“ACOs”) to share in savings achieved from coordinating care and lowering healthcare costs through the efficient delivery of Medicare services while meeting quality of care performance standards.

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IRS Proposed Regulations Relating to Financial Assistance Policies and Billing and Collection Activities of Tax-Exempt Hospitals
By David Hatch and Amy Joseph, Hooper, Lundy & Bookman, P.C., Los Angeles, CA

With the U.S. Supreme Court’s recent decision to largely uphold the Patient Protection and Affordable Care Act (“PPACA”), tax-exempt hospitals should focus on PPACA’s obligations relating to hospitals with 501(c)(3) tax-exempt status, including community health needs assessments and implementation, financial assistance and emergency care policies, certain limits on charges, and certain billing and collection restrictions, all of which were codified in Section 501(r) of the Internal Revenue Code (“Section 501(r)”).

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A Gap in PPACA: No Subsidies for Insurance Purchased from Federal Exchanges?
By Amy Sanders, J.D. Candidate, Vanderbilt University Law School, Class of 2013

A gap in the Patient Protection and Affordable Care Act (“PPACA”) could leave many citizens ineligible for the federal subsidies meant to make health insurance coverage more affordable. The quirk—either a scrivener’s error or overlooked loophole—could be a serious blow to an already contentious healthcare reform effort. Who to remedy the situation? Employers.

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Did you know membership in an interest group is FREE with your Health Law Section membership?

Did you know your membership in the ABA Health Law Section qualifies you for free membership in up to three interest groups of your choice? Interest groups, which are comprised of twelve practices areas within health law, make significant contributions to the Section's programming, publications and legislative initiatives. The interest groups also provide an excellent opportunity for you to interact with and have access to some of the most outstanding lawyers in the legal community. You can enroll on our webpage by clicking here. If you have any questions or need more information, please contact Simeon Carson at simeon.carson@americanbar.org


Business & Transactions Interest Group

The Business & Transactions Interest Group focuses on the art and the law of healthcare transactions and business operations.

The IG is led by Chair Christi J. Braun, Mintz, Levin, Cohn, Ferris, Glovsky and Popeo, P.C., Washington, DC and Vice Chairs Arianne Callender, Morgan, Lewis & Bockius LLP, Washington, DC; Beth Connor Guest, Waller Lansden Dortch & Davis, LLP, Nashville, TN; James M. Pinna, Hunton & Williams LLP, Richmond, VA and Kenya S. Woodruff, Haynes and Boone LLP, Dallas, 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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