Health Law Update

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

Nov 2016
Volume 6, Issue 6
Practice Group Update
December 5-8, 2016
San Diego, CA

December 14-15, 2016

Orlando, FL     
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Anne Novick Branan
Of Counsel

Stephen Siegel
Stephen H. Siegel   
Of Counsel 

Benton Curtis
Senior Counsel

Heather S. Miller
Senior Counsel
To all:
Well, in perhaps the biggest upset in history, our new President is Donald Trump.  His victory, along with Republican control of the Congress, all but assures that there will be significant changes in health care laws.  The net is buzzing with intrigue, predictions, and the like.  In about a week I will be publishing a short article addressing this issue in more depth, but of course some of the biggest questions are:
  • What will happen with ObamaCare? Will it be repealed? If so, will it be replaced immediately or will there be an extended transition to a new as yet undetermined policy? Will it be amended but not repealed? If so, how will it be amended?
  • Will the 30+ States that elected the Medicaid option find that things have changed for the worse?  Will the option be revoked entirely?  Will there be Medicaid block funding, State by State and, if so, how will it work?
  • Will Paul Ryan's proposal to change Medicare to a block grant per person finally have an opportunity to become law (remember, it will need 60 votes in the Senate)? 
  • Will MACRA, and its 2100 page Final Rule that is three weeks old, continue unabated (it was overwhelming approved on a bipartisan basis in both houses)?
2017 will clearly be a very busy year for health care professionals.  I look forward to it!
I hope you enjoy this new issue.
Take care!
Mike Segal
In Life and Business- The Importance of the 5 Ps
By: Stephen H. Siegel

Included in the training of new Assistant United States Attorneys is a saying: "proper preparation prevents poor performance" (the "5 Ps"). This saying is applicable to both our personal and professional lives.

For example, many of us prepared for our first "major" hurricane in over a decade. Those who lived within the projected path of Hurricane Matthew faced the choice of doing nothing or taking minimal precautions and hoping for the best, or taking more aggressive measures such as putting up shutters if they did not have storm windows. In large part, the level of our effort and concern was a function of how well we had prepared in advance.

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Whistleblowers in Health Care-
What's a Company To Do?
By: Anne Novick Branan

Joe, the Practice Manager at a local medical group, cringed as he spied Susan, one of the nurses at the practice, marching toward him with an anxious, yet determined, look on her face.  About two months ago, Susan confided in Joe that she heard that certain physicians in the medical group were accepting expensive sports event tickets from diagnostic centers to which the physicians frequently referred patients.

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Does Ability to Pay Count for Anything Any More?
By: Benton Curtis

Through the Health Care Fraud and Abuse Control Program Report (the "HCFAC"), the Department of Health and Human Services and the Department of Justice ("DOJ") annually trot out their most recent efforts to combat health care fraud - be it criminally, civilly, or administratively - around the country. The HCFAC often times showcases the most prominent of matters, either in terms of conduct or monetary recovery, and the statistics embedded within the HCFAC are undoubtedly used as a justification to request of Congress continued (or preferably increased) funding in the space.

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 About Us
Broad and Cassel 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