Call for Manuscripts
Authors interested in publishing in the Florida Health Law Journal should submit manuscripts to James Barclay or call 850-591-4875 for more information.
Florida Bar Health Law Section Monthly Audio Webcasts for July through December 2018
Health Law Section Members = $20
Non- Health Law Section Members = $50
July 10, 2018
Title
The High-Tech Industry is Reducing Risk and Stabilizing Their Supply Chain Through Strong Peer Networks: How Are CFOs and CPOs are Dealing With The Growing Patent Troll Issue?
Speakers – Ken Seddon, Nicholas Romanello
Description
Companies spend over $29B each year litigating and settling with patent assertion entities (PAEs, sometimes called “patent trolls”). Most of this risk comes from a company’s supply chain. The speakers will discuss (i) how companies are dealing with the costs and risk of patent trolls through their relationship with their supply chain; and (ii) trends in patent troll litigation.
https://tfb.inreachce.com/Details/Information/fc5ef3f8-7c37-4b12-957e-8b08521b7678
August 14, 2018
Title
Health Care Hacking: Keeping PHI Safe, and the Data Breach Life Cycle from "Oh No!" to Verdict
Speaker – Adam Losey
Description
Discussion of information security and privacy issues common to health care, walking through common information security incidents and preventative care methods. Additionally, the course will include a walk though of several exemplar breach response matters to provide the participant with understanding of breach response (working with incident response technicians, forensics, and law enforcement), notification (working with notification vendors, public relations vendors, and dealing with regulatory agencies such as OCR HHS and various state attorney general's offices), and eventual litigation and remediation measures.
https://tfb.inreachce.com/Details/Information/a99b0d82-4891-425e-a786-fb4519244cd1
September 11, 2018
Title
Update on Administration and Enforcement of the HIPAA Privacy, Security, and Breach Notification Rules
Speaker – Emily Crabbe
Description
The presentation will cover HIPAA Privacy, Security, and Breach Notification Rule topics, as well as policy development, breach notification obligations, enforcement activities, available resources, and OCR’s audit protocols.
https://tfb.inreachce.com/Details/Information/06b5f934-807c-45ad-a971-38fce9d22c13
November 13, 2018
Title
Physician Compensation Models to Improve Alignment
Speaker – Curtis Bernstein, Kyle Kramer, Allison Carty
Description
Properly structured compensation arrangements can positively enhance physician engagement and alignment, leading to increased participation and focus on advancing organizational strategies and priority initiatives. In this presentation, we will explore strategies to effectively engage physicians in the advancement of organizations and key strategic programs through the development and implementation of compensation methodologies the truly recognize physician leadership capabilities and talents, while incentivizing performance that advances organizational priorities.
https://tfb.inreachce.com/Details/Information/d0857202-49dc-46ea-bd74-b91e533af920
December 11, 2018
Title
Florida Peer Review and the High Price of Immunity
Speaker – Michael J. Bittman and Kristina Maranges
Description
This learning session explores peer review litigation, including internal hearings, trial court litigation, and appeals. The contrasting perspectives of hospital and physician counsel on National Practitioner Data Bank reporting and immunity under federal and Florida law will be addressed. Recent state appellate decisions limiting certiorari jurisdiction to review circuit court orders denying hospital dismissal motions on grounds of immunity have resulted in expensive discovery, arguably contrary to the purposes of immunity.
https://tfb.inreachce.com/Details/Information/2d429657-acc0-44d7-aa4d-bf76be34f79f
Legislative Bills Filed February 28, 2012
The following bills were filed on February 27 and 28, 2012.
HB 7133 Relating to Quality Improvement Initiatives for Entities Regulated by the Agency for Health Care Administration (Health & Human Services Committee)
Quality Improvement Initiatives for Entities Regulated by the Agency for Health Care Administration: Provides responsibilities of DCFS & mental health service providers for me ntal health residents who reside in ALFs; provides for imposition of contract penalties on Medicaid prepaid health plans & mental health service providers; provides for interagency agreement between DCFS & AHCA; requires specified information regarding confidentiality of complaints to State Long-Term Care Ombudsman Program to be provided to residents of long-term care facilities upon admission; directs agency to establish & implement methodologies to adjust Medicaid rates for hospitals, nursing homes, & managed care plans; provides criteria for & limits on amount of Medicaid payment rate adjustments; directs agency to seek federal approval to implement performance payment system; provides applicability of performance payment system to general hospitals, skilled nursing facilities, & managed care plans; provides that specified persons who have regulatory responsibilities over or provide services to persons residing in ALFs must report suspected incidents of abuse to central a buse hotline; requires ALFs to be under management of licensed administrator; provides training & licensure requirements for administrators; authorizes agency to issue temporary license to administrator; provides additional requirements for limited mental health license; provides fines & penalties for specified violations by ALF; directs DEA to create advisory council to review circumstances of unexpected deaths in ALFs & of elopements; provides schedule for inspection of ALFs; provides that AHCA, DEA, DCFS, & APD shall develop or modify electronic information systems. Effective Date: July 1, 2012
SB 2134 Relating to Share Your Spare Act/Kidney Transplant (Smith (C))
Share Your Spare Act/Kidney Transplant; Urging Congress to pass the Share Your Spare Act, H.R. 2755, and the Comprehensive Immunosuppressive Drug Coverage for Kidney Transplant Patie nts Act, H.R. 2969 and S. 1454, etc.
Legislative Bills Filed February 17, 2012
SB 1990 - Relating to Developmental Disabilities (Budget)
Developmental Disabilities; Requiring that the Agency for Persons with Disabilities review a waiver support coordinator’s performance to ensure that the support coordinator meets or exceeds criteria established by the agency; requiring that the area office review the amount of funding needed to address the each client’s extraordinary needs in order to determine the medical necessity for each service in the amount, duration, frequency, intensity, and scope that meets the client’s needs; authorizing the agency to consult with the Department of Health, the Agency for Health Care Administration, the Department of Business and Professional Regulation, and the Department of Agriculture and Consumer Services concerning procedures related to the storage, preparation, serving, or display of food and procedures related to the detection and prevention of diseases caused by certain factors in the environment, etc. Effective Date: July 1, 2012
SB 1988 - Relating to Medicaid (Budget)
Medicaid; Deleting a prohibition preventing children who are eligible for coverage under a state health benefit plan from being eligible for services provided through the subsidized program; requiring a completed application, including a clinical screening, for enrollment in the Children’s Medical Services Network; updating references to data used for calculations in the disproportionate share program; providing an additional site in Broward County for the Program of All-Inclusive Care for the Elderly, etc. Effective Date: except as otherwise expressly provided in this act and except for section 23, which shall take effect upon this act becoming a law, this act shall take effect July 1, 2012
May-June 2018 Health Law Updates
June 2018
Dear Health Law Section Members:
The Health Law Section (“HLS”) website has been updated with May through June 2018 articles on significant developments in the health law arena that may be of interest to you in your practice. These summaries are presented to HLS members for general information only and do not constitute legal advice from The Florida Bar or its Health Law Section. HLS thanks the following volunteers who have generously donated their time to prepare these summaries for our members:
Christian Pérez Font, Esq., Chief Compliance Officer, OPKO Health, Inc.
Angelina Gonzalez, Esq., Panza, Maurer & Maynard, P.A.
Erin J. Hoyle, Esq., Carlton Fields
Anne Kelley, J.D. Candidate, University of Florida Levin College of Law
Erica C. Mallon, Esq., Carlton Fields
Ben Assad Mirza, Esq., Master of Public Health and Administration Candidate, Yale University
Anushree (“Anu”) Sagi-Nakkana, Esq., ASN Law Firm
Timothy S. Wombles, Esq., Broad and Cassel, LLP
Thank you,
Jamie Gelfman, Esq., Broad and Cassel LLP, HLS Editor in Chief
Christian Pérez Font, Esq., OPKO Health, Inc., HLS Team Editor
Elizabeth Scarola, Esq., Carlton Fields Jorden Burt P.A., HLS Team Editor
Download a copy of the May-June 2018 Updates at the following links:
pdf May 2018 HLS Updates (PDF) (204 KB)