Health Law Update

News and Information from Broad and Cassel's Health Law Practice Group

January 2015

Volume 5, Issue 1

Practice Group Update

Gabriel Imperato:

1/26-1/29 HCCA Basic Compliance Academy, San Juan, Puerto Rico

2/23-2/24 HCCA Audit & Compliance Committee Conference, Scottsdale, AZ

3/22-3/25 World Health Care Congress, Washington, D.C.

Lester Perling:

3/11 Strafford Live Webinar

HCCA Regional Annual Conference

Friday, February 6, 2015

Orlando, FL

Please click here to register.

PROTECTING PATIENT INFORMATION IN FLORIDA

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Contributors

Vanessa Reynolds

Vanessa A. Reynolds

Partner

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Mike Segal

Partner

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Nicolette Vilmos

Partner

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Heather Miller

Senior Counsel

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Nichole Geary

Associate
View Bio

Fred Segal

Fred Segal

Associate

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To our clients and friends:

Well, it's 2015 and it promises to be a critical year for health care. The Republican majority in Congress will attempt to strip the Affordable Care Act, nail by nail, and the President vows to do everything he can to prevent that. In March the U.S. Supreme Court will hear oral arguments in King v. Burwell, regarding whether the government can provide subsidies to help people purchase insurance on the Federal exchanges in 37 states. If the court decides that this is not allowed that alone could cause ACA to collapse. If that happens, given that there is nothing set up to replace ACA, health care chaos could ensue.

However, no matter what happens, the concept of providing better care is not going away - it's well imbedded into the culture by now.

It certainly shapes up to be an exciting 2015! I hope you enjoy this new issue.

Sincerely,

Mike Segal

Health Law Practice Group Chair

Broad and Cassel

Tavenner to Step Down as Head of CMS

By: Fred Segal

Marilyn Tavenner, the much embattled Administrator of Centers for Medicare and Medicaid Services, announced recently that she will be stepping down at the end of the month. Tavenner was integral in the implementation of Healthcare.gov, the government's healthcare insurance exchange website. Launched in October 2013, Heathcare.gov suffered numerous technical issues and crashed for a significant period of time.

For more information, please click here.

Are you Ready for a HIPAA Investigation?

By: Vanessa A. Reynolds

Scarcely a week goes by without a media report of a HIPAA breach - or a Department of Health and Human Services (HHS) press release announcing a settlement agreement with an organization that suffered a breach. HIPAA enforcement is on the rise.

Please click here to read the article in full.

Bankruptcy Ruling Limits Ability of Payers to Terminate Provider Agreements

By: Nicolette Vilmos

The current economic conditions, the challenges to financing, and changes to health care coverage have led to an increase in healthcare related bankruptcy filings. This is a trend that is likely to continue over the next few years. Generally, hospitals and Continuing Care Retirement Communities (CCRCs) are leading this trend.

Please click here to continue reading.

Clarity on Parity

By: Nichole Geary

The final regulations implementing the Paul Wellstone and Pete Domenici Mental Health Parity and Addiction Equity Act of 2008 (MHPAEA) became effective for calendar plans as of January 1, 2015. The MHPAEA, which amended the Mental Health Parity Act of 1996, extended parity requirements to substance use disorder benefits and also requires parity in the application of any financial requirements and treatment limitations on mental health and substance use disorder benefits with medical/surgical benefits.

Click here to continue reading.

Lester Perling to Participate in CLE Webinar

Lester Perling, a Partner in our Fort Lauderdale office, will be speaking in an upcoming Strafford live webinar, "Retail Clinics in Healthcare: Overcoming Complex Legal Challenges" scheduled for Wednesday, March 11, 1:00 PM-2:30 PM EDT. The panel will provide a review of the key legal and business issues involved with retail clinics and offer guidance on the formation, operation and leasing related to retail clinics. A live question and answer session will take place following the presentation.

For more information or to register, please click here.

About Us

With more than 20 attorneys and a full complement of support staff, Broad and Cassel's Health Law Practice Group is intimately aware of the complex issues faced by health care providers, suppliers and consumers.

Broad and Cassel has more lawyers certified in Health Law by the Florida Bar Board of Legal Specialization & Education than any other firm in the state. The group holds a collective Band One ranking with Chambers USA: A Guide to America's Leading Business Lawyers, the highest Chambers award possible. Additionally, our individual attorneys are continually recognized both locally and nationally for their knowledge and experience.

Fundamental changes to the nation's health care delivery system are occurring at an accelerated rate, requiring those in the industry to establish and refine their practices and policies to comply with new regulations. The attorneys of our Health Law Practice Group are prepared to discuss these changes and the potential impact they will have on health care providers of all types.