Health Law Update

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

Volume 7, Issue 1
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Gabriel L. Imperato
Managing Partner

Paul R. DeMuro   
Of Counsel 

Heather S. Miller
Senior Counsel
View Bio

McKenzie Livingston
McKenzie A. Livingston
Senior Counsel 

As the current administration is learning very quickly, health care is incredibly complex. It's also critically important, as it affects every American, and the total cost is almost 20% of the GDP.  Every lobbyist has a position to take.  Every politician seems to have a different idea as to how to handle some part of healthcare.  It really is mind-boggling.
One thing - perhaps the only thing - that is clear about it is that the Affordable Care Act is effectively in hospice care.  It has limited time.   However, no one knows what its successor will look like.  I suspect it will be many months before that is determined.
Nevertheless, I think we can continue to assume that the concept of "value added" care will survive; I think that's a concept that is bi-partisan.  I will be speaking in June in Orlando at the annual conference of the Medical Group Management Association on the topic of "Living in a Value Based World."  I hope to see many of you there!
We have another outstanding newsletter for you.  I hope you enjoy the articles!

Thank you, 
Mike Segal
Save the Date:
Third Annual Orlando Health Care Forum

Compliance from the Top: 
Board Responsibility for Compliance Oversight

Friday, April 21, 2017 

12 PM - 5 PM

Broad and Cassel Orlando
390 North Orange Avenue
Suite 1400
Orlando, Florida 32801
Medical Cannabis -  Myth, medicine, or malpractice?
By: Paul R. DeMuro and Dr. Jose Valdes

Medical cannabis or cannabinoids (or medical marijuana as some like to call it) is now a reality in Florida. Although it can only be recommended for certain maladies and obtained in certain ways, those logistics do not necessarily affect some of the safety and key legal considerations of which those in the healthcare industry should be aware.

There are gaps in knowledge about cannabis, its efficacy, long term side effects, dosing, and optimal administration routes in part, because of the paucity of research in these areas. Cannabis is still an FDA Schedule I drug, and thus not legal from a federal perspective which places unnecessary strain on researchers trying to determine the therapeutic value of cannabis.

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Data Privacy Tops List of Health Care GC Worries
Lawyers working in the highly regulated health care industry are finding their work is becoming more complicated by an explosion of information, devices and new technology that puts sensitive patient data at risk, a new survey finds.

The survey --  Consero Group's 2017 Healthcare General Counsel report developed in partnership with Broad and Cassel -- shows that 75 percent of respondents cited data security as the issue about which they are most worried. The survey questioned 54 GCs of mid- to large health care systems in the United States, as part of Consero's health care general counsel forum held late last year.

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2017 Legislative Session Preview
By: McKenzie A. Livingston

The first two months of 2017 have seen quite a bit of activity in health law in Florida.
In February, the Eleventh U.S. Circuit Court of Appeals struck down a Florida law, known as the Gun Gag Law, which barred doctors from discussing guns with patients. Under the Gun Gag Law, which was blocked from taking effect shortly after it was passed, doctors could face fines of up to $10,000 and the possibility of losing their medical license for discussing gun ownership with patients.

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 About Us
Broad and Cassel LLP has built one of the most experienced and diversified Health Law and White Collar Defense and Compliance practices in the Southeastern United States. Chambers USA: A Guide to America's Leading Business Lawyers, a highly regarded legal guide, has recognized Broad and Cassel's health care practice and individual attorneys as leaders in the industry -- within Florida and nationwide. The firm has more lawyers certified in Health Law by The Florida Bar Board of Legal Specialization & Education than any other firm. Several of our attorneys are certified in Healthcare Compliance (CHC) and Healthcare Privacy Compliance (CHPC) by the Health Care Compliance Association's (HCCA) Compliance Certification Board (CCB). 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