Health Law Update

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

July 2015
Volume 5, Issue 4
Practice Group Update


Friday October 2, 2015  

11:00 AM to 6:00 PM 

Seminole Hard Rock Hotel & Casino, Hollywood, FL

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Mike Segal headshot  

Mike Segal


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Heather Miller (New)  

Heather Miller

Senior Counsel

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Shachi Mankodi


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Fred Segal  

Fred Segal


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Health Care, Tech Attorney Paul R. DeMuro Earns Ph.D. in Biomedical Informatics

Attorney Paul R. DeMuro, of counsel in the Fort Lauderdale office of Broad and Cassel, now adds Ph.D. to his growing list of accomplishments. DeMuro recently earned a doctorate in biomedical informatics,


To our clients and friends:


With the proposed Aetna/Humana and Anthem/Cigna mergers having recently been announced, it is clear that we are in the middle of an intense health care consolidation.  I recently read that this year has seen more consolidation than at any time in the past 30 years!  Undoubtedly much of this is the result of the Affordable Care Act.  There are some good articles out there on this subject.  It's easier, faster, and supposedly cheaper, to expand through merger than natural growth.


In addition, almost every week we see a new CMS announcement about clinical integration developments.  For example, CMS recently announced a concurrent care/hospice demonstration project.  Under a limited new program, CMS will start testing 140 hospice providers as early as January, in a program where terminally ill patients no longer will have to give up curative treatment to receive Medicare-paid hospice care. 

Moreover, on July 10, CMS, in an announcement that was really no surprise, released a proposed rule that would bundle payments for knee and hip replacements for 75 geographic areas, covering from hospitalization to 90 days thereafter.

These are not the only developments - just some of the bigger ones.  As we have been preaching for some time now, consolidation and medical innovation projects are here - in force - and the trend will continue for the foreseeable future.  All of your business planning must be done in this light.


I hope you enjoy our current issue.



Mike Segal

Broad and Cassel Health Care Practice Receives Top Rankings in Chambers USA

Florida-based law firm Broad and Cassel has again received recognition by prominent legal guide Chambers USA: A Guide to America's Leading Business Lawyers, a legal directory ranking law firms and individual attorneys. The firm's Health Law Practice Group once again received top honors in Florida, achieving the highest ranking awarded by Chambers USA with only one other law firm in the state.  Seven individual attorneys were also recognized. The group's leading attorneys, Gabriel Imperato and Mike Segal, received national recognition in their respective areas of practice, ranking among the best in the country.


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New OIG Alert Targeting Physician Compensation Arrangements

By: Shachi Mankodi


On June 9, 2015, the Health and Human Services, Office of Inspector General ("OIG") released a Fraud Alert titled "Physician Compensation Arrangements May Result in Significant Liability." This Alert officially puts providers on notice of the OIG's longstanding practice of scrutinizing the validity of physician compensation arrangements, specifically, medical directorships. The OIG is concerned that physicians are incentivized to refer federal health care business in exchange for lucrative compensation arrangements structured as medical directorships.


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The Next Generation ACO Model -- CMS' Most Crucial Experiment Yet?

 By: Fred Segal


After its first two "performance years," the Medicare Shared Savings Program (MSSP), established by the Affordable Care Act, and launched in 2012 by Centers for Medicare and Medicaid Services' (CMS) Center for Medicare & Medicaid Innovation, has been met with mixed reviews. The MSSP was implemented in order to start incentivizing coordination and facilitation of care for Medicare fee-for-service beneficiaries between independent providers through provider participation in Accountable Care Organizations (ACOs).


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 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.