Health Law Update

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

Volume 7, Issue 2
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Speaking Engagements and Events
Gabriel L. Imperato 

ABA 27th Annual National Institute on Health Care Fraud

May 17 - 19, 2017
Fort Lauderdale, FL

Upcoming Events
October 11, 2017
11:30 AM to 6:00 PM EDT
Signature Grand
Davie, FL
View Bio 

Gabriel L. Imperato
Managing Partner

Heather S. Miller
Senior Counsel
View Bio

Timothy Wombles    

President Trump said recently about healthcare, "Who knew it was so complicated?"  Well, we did!  Now everyone is learning.  As I write this letter, a new American Health Care Act, or "AHCA," barely passed the House.  However, it is apparently going nowhere in the Senate, which intends to create its own separate health care bill.  Clearly this is all going to take some time and the Affordable Care Act still remains - at least for now.  It is also clear that many people, including people in the same political party, have starkly differing ideas of the scope of any new law.
Nevertheless, on a separate road, the slow but inexorable march towards "value based" care (also sometimes called "population health"), where reimbursement is more heavily weighted to results and not just services rendered, continues unabated. This is a bilateral concept; MACRA was approved by 90% of Congress.  As a healthcare lawyer, I find that provider appreciation of the inevitability of value based is not universal.   To some extent value based issues are already a way of life at hospitals (e.g., hospital readmission penalties) and for physicians (e.g., EHR and contracts with value based requirements).  However, I am continuously surprised when I talk with physicians who seem to have just arrived from another planet, because they do not seem to be aware that we are on the cusp of a value based evolution.
One cannot stand by any more hoping that nothing will happen and that the good old "fee for service" system will ultimately fight off all attempts to change it.  Change is upon us, and it's going to keep coming!  It's time to prepare.
I hope you enjoy this issue of the Broad and Cassel Newsletter! 

Thank you,
Mike Segal
  Managing Partner Gabriel L. Imperato to speak at ABA 27th Annual National Institute
on Health Care Fraud
Acting Assistant Attorney General Ken Blanco to
Serve as Keynote Speaker

May 17 - 19, 2017

Hyatt Regency Pier Sixty-Six
2301 SE 17th St Fort Lauderdale, FL 33316-3107

The 27th Annual National Institute on Health Care Fraud provides a rewarding educational experience for health care attorneys, regulators, compliance professionals, state and federal prosecutors, criminal defense attorneys, and qui tam relators' counsel. This National Institute draws panelists, facilitators, and participants from each of these significant groups and offers unique opportunities to meet and share experiences and concerns in a non-adversarial setting. The program planning committee is committed to creating a program that advances education, communication, professionalism, and discussion of current legal and ethical issues that arise in the health care fraud practice. These issues are addressed in panel discussions and small workshop formats designed to maximize audience participation.
Adjusting Group Practice Compensation in a  World Turning Value Based  Part 1 of 2
By: Mike Segal

Payors are beginning to take steps to transform from reimbursement based on medical services rendered, or "fee for service" medicine, to payment for attaining quality measures without regard to volume, which is often called "value based" care.  The trend is expected to continue to accelerate, significantly as a result of The Medicare Access and CHIP Reauthorization Act of 2015 ("MACRA"), which began to apply this year, and will begin to affect Medicare reimbursement in 2019.

Please  visit our blog for additional information.
Amendment 7 Not Preempted By Federal Law
By: Timothy Wombles

In a recent case, Charles v. Southern Baptist Hospital of Florida, Inc., the Florida Supreme Court held that hospital and physician incident reports required by Florida law are not protected from discovery by the Federal Patient Safety and Quality Improvement Act ("PSQIA") and Amendment 7 is not preempted by federal law.

Please visit this page to continue reading.
Compliance Leaders Offer Sound Advice at
Orlando Health Care Forum
The risks to Florida health care providers from enforcement activity is at an all-time high. But, how do providers develop and maintain a culture of compliance? It starts at the top, according to attorneys at Broad and Cassel.
During the firm's Third Annual Orlando Health Care Forum, attorneys from the Health Law Practice Group alongside local and national leaders in healthcare compliance discussed board responsibility as well as board and executive leadership strategies and pitfalls.

Please  visit this page to continue reading.
 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