Health Law Update

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

March 2016
Volume 6, Issue 2
Practice Group Update

Friday, April 29, 2016
12:00 PM - 5:00 PM
Broad and Cassel Orlando Office

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Please visit our blog for information on upcoming events, including the South Florida Health Forum scheduled for Fall 2016. More details to follow.  



Mike Segal


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Frank Rainer  

Frank Rainer

Of Counsel

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McKenzie Livingston
McKenzie Livingston 
Senior Counsel
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Shachi Mankodi

Senior Counsel

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Heather Miller

Senior Counsel

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To our clients and friends:

We are pleased to send you another edition of our Health Law Update.  This edition contains four timely articles that will hopefully be helpful to you.  One thing about health care law - there is never a dearth of interesting developments. Enjoy!

Mike Segal
Direct Primary Care Bill Fails Again, But...
By: Frank Rainer

Direct Primary Care (DPC) is undergoing the political gauntlet in Florida. A cynic would question why a bill which is simple, compact and has for two years running, passed every committee hurdle with nearly always unanimous votes keeps failing. This year seems the Senate is striking back and pulling the last hour - letting a bill die because it can't be released to the full floor for a vote gambit. If you remember, last year (2015) the bill suffered the same fate, but only in the house.

Please click here to continue reading.
Greater Flexibility for Providers Applying for Hardship Exceptions to Stage 2 Meaningful Use Attestation
By: McKenzie A. Livingston

In early October, the ONC released the final rule for 2015 Edition certified EHR technology (CEHRT) and issued its finalized health IT interoperability roadmap - "Connecting Health and Care for the Nation: A Shared Nationwide Interoperability Roadmap." At the same time, CMS released the final Stage 3 rules of the Electronic Health Record (EHR) Incentive Program and modified the Stage 2 rules to be more aligned with the goals for Stage 3.

Please visit this page to continue reading.
Medicare's 60-Day Overpayment Reporting Final Rule:
How can providers comply? 
By: Shachi Mankodi

The Affordable Care Act of 2010 imposed a statutory requirement that providers that bill the Medicare program (including Parts A, B, Medicare Advantage and Part D) are obligated to report and return identified overpayments within sixty days. Under the statute, failure to report identified overpayments within sixty days carries liability under the federal False Claims Act. When this "60-day rule" was published, there was little to no guidance on what constituted an "identified overpayment" or what kind of event would trigger the 60-day clock.

To continue reading, please visit this page.
Disclosing Patient Substance Abuse Information, It's Complicated!
By: Heather Miller

On February 5, the Department of Health and Human Services ("HHS") proposed changes to the Confidentiality of Alcohol and Drug Abuse Patient Records regulations (42 CFR Part 2) "to facilitate information exchange within new health care models while addressing the legitimate privacy concerns of patients seeking treatment for a substance use disorder."

Please visit South Florida Hospital News and Healthcare Report to continue reading.
 About Us
Broad and Cassel has built one of the most experienced and diversified health law groups in the Southeastern United States. In fact, the firm has more lawyers certified in Health Law by The Florida Bar Board of Legal Specialization & Education than any other firm.Severall of the firm's health lawyers are also Certified Dispute Resolvers with the American Health Lawyers Association. Broad and Cassel's health lawyers are widely published and frequently make presentations at educational programs throughout the country.Information on future events and industry and attorney news can be found on Broad and Cassel's Health Law Blog at