Health Law Update

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

May 2015
Volume 5, Issue 3
Practice Group Update


Friday October 2, 2015  

11:00 AM to 6:00 PM 

Seminole Hard Rock Hotel & Casino, Hollywood, FL

Speaking Engagements
Paul DeMuro:
June 8 - Future of Healthcare Forum, Hollywood, FL

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Mike Segal headshot  

Mike Segal


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Stephen Siegel

Stephen Siegel

Of Counsel

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Heather Miller (New)  

Heather Miller

Senior Counsel

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Nichole Geary


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To our clients and friends:


Since our last publication Congress passed, and the President signed into law, the Medicare Access and CHIP Reauthorization Act of 2015, better known as the "Doc Fix Law."  The Act did indeed finally rid us of the annual charade of the threat of a massive reduction in physician Medicare reimbursement, followed by a Congressional "fix" to temporarily resolve the problem.  However, the Act does a lot more.  It makes it clear - abundantly clear - that fee for service reimbursement is going to be replaced significantly during the next decade by so-called "value based" reimbursement.  Timetables are set for doing so.  The Act leaves a lot of holes to be plugged in but what it has in mind is not in doubt.  The Act is the latest development in the transformation of the healthcare system!  There are two articles in this issue of our newsletter on the subject. I hope you enjoy this issue. 



Mike Segal

Health Law Practice Group Chair

Broad and Cassel

Be Safe Instead of Sorry: Drafting Non-Competes

By: Heather Miller


Today's healthcare world is replete with mergers and acquisitions, hospitals buying up physician practices and surgery centers, and other organizations expanding rapidly.  In this environment it can be critical for businesses to protect their services and products from unfair competition.  Well-drafted non-compete agreements can save an entity a lot of time, money and business goodwill. 


Please click here to continue reading.

Physician Reimbursement is Undergoing Profound Changes

By: Stephen Siegel


There is no question that the "good old days" of healthcare reimbursement are gone, if they ever existed. When the Medicare program was initially implemented, physicians and suppliers were paid under Part B on a fee-for-service basis, based on the "usual and customary" charge in the market ("UCR"). Today, physicians are subject to the annual exercise known as the "Physician Fee Schedule" update. Congress acted to restrict physician reimbursement in a number of other ways, most infamously, through the attempted imposition of the Sustainable Growth Rate ("SGR").


Please click here to read the article in full.

The "Fix" Is In; Now What?

By: Nichole Geary


On April 14, 2015 the U.S. Senate passed legislation changing the way physicians are reimbursed under Medicare, which was signed into law by President Obama a few days later. The long awaited new law, referred to as the "doc fix bill," finally repeals the Sustainable Growth Rate (the "SGR") method for calculating physician fees under Medicare, which had been in place since 1997. The new payment method not only eliminates the tie of physician fees to economic growth under the SGR (which for over ten years would have resulted in a negative adjustment to the fee schedule- but for a series of temporary legislative patches), but also accelerates the move from a traditional fee for service model to a value based payment program with the introduction of the Merit-Based Incentive Payment System ("MIPS").


Please click here to continue reading.  

 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.