MSBA HEALTH LAW SECTION E-NEWSLETTER - November 2016

Vol.  2, No. 1

Health Law Section Officers:
Chair: John Hutchins, American Academy of Neurology
Vice Chair: David Aafedt, Winthrop & Weinstine, PA
Secretary: Jesse Berg, Gray Plant Mooty
Treasurer: Kelsey Brodsho, Hennepin County Attorney’s Office

E-Newsletter Editor: Marcia Baran

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UPCOMING HEALTH LAW SECTION CLEs

Stark Contrasts: Looking Back on a Year of Change under the Stark Law 
Presented by Tom S. Schroeder, Partner, Faegre Baker Daniels
WHEN: Friday, November 18, 2016
7:30 a.m. - Networking Breakfast
8:00 a.m. to 9:00 a.m. - Presentation
                      
2017 Legislative Preview:  Key Health Care Issues
Presented by Kevin Goodno, Fredrikson &Byron, P.A.;
Minnesota House of Representatives:
Representative Paul Thissen (D, District: 61B);
Representative Nick Zerwas (R, District: 30A)
WHEN: Friday, December 16, 2016
7:30 a.m. - Networking Breakfast
8:00 a.m. to 9:00 a.m. - Presentation

HEALTH LAW SECTION CLEs REVIEW

September 16, 2016: “Transgender People Interacting with the Legal and   Healthcare Industries: Personal and Practical Insights”
What is it like for someone who is transgender to practice law? What challenges do transgender individuals face in accessing the healthcare system and obtaining coverage for medically necessary services? Ellen Krug is an attorney who practiced law as a trial attorney in Boston and Cedar Rapids, Iowa before becoming the first Executive Director of Call for Justice, LLC.  Ellen shared personal and practical insights from her life experience as an attorney and a healthcare consumer. Phil Duran (Legal Director, OutFront Minnesota) provided a current health law update of laws, legislation and case law – both local and nationwide – affecting transgender individuals as patients, health plan members, and employees receiving health benefits.

October 28, 2016: “Implied Certification and False Claims Act Liability: Escobar and Beyond”
This program focused on the Supreme Court’s  recent opinion in United Health Services v. U.S. ex rel. Escobar and the effect it is expected to have, and has had thus far, on other federal False Claims Act (FCA) cases.  Laura F. Laemmie-Weidenfeld is a partner in Jones Day from Washington, D.C. and she presented a thoughtful, important presentation on this current issue. She defends healthcare and life sciences clients against civil and criminal government investigations and litigation relating to allegations of fraud and abuse, particularly under the False Claims Act. She has defended investigations brought by the Department of Justice, Department of Health and Human Services, the Office of the Inspector General, state attorneys general, and other state and federal agencies. Laura also counsels clients on compliance-related issues, including potential self-disclosures to federal and state components. She has represented a broad spectrum of healthcare providers, including hospitals and health systems, home healthcare agencies, clinical laboratories, skilled nursing facilities, and pharmacies, as well as pharmaceutical and medical device manufacturers.

EXTRA DOSE: Health Law Update You May Have Missed

November 1, 2016:  The Centers for Medicare & Medicaid (CMS) released the Calendar Year (CY) 2017 Hospital Outpatient Prospective Payment System (OPPS) and Ambulatory Surgical Center (ASC) Payment System policy changes, quality provisions, and payment rates final rule with comment period (CMS-1656-FC). Practice tips: begin   planning for billing process compliance for non-excepted services after January 1, 2017, determine which facilities are considered on campus, and therefore, will not be impacted by Section 603, review and maintain documentation for excepted facilities/services; and review provider-based status at non-excepted sites – billing has changed and payment is reduced but they will remain hospital departments.

ICU: Meet Your Fellow MSBA Health Law Section Member

Vital Signs:
Name: John Hutchins
Organization: American Academy of Neurology
Title: Deputy General Counsel;
Chair, MSBA Health Law Section Governing Council
Law School:  University of St. Thomas School of Law
Undergrad: University of St. Thomas

1.  What are your current practice areas and job duties?
I’m a member of a four-person in-house counsel team that provides legal services to the American Academy of Neurology, a professional association comprised of 30,000 neurologists and neuroscience professionals (nationally and internationally). As a team, we manage the legal, governance and policy services for the organization. In this role, my responsibilities include working with our Board of Directors and various committees, developing and maintaining organizational polices, managing the legal and regulatory requirements related to our clinical data registry, supporting the AAN’s disciplinary program, transactional work, and advising on relevant areas of the law and compliance matters (e.g., state and federal privacy laws, tax-exemption, and antitrust law).

2.  What brought you to the realm of health law?
I had an interest in healthcare and medicine generally during undergraduate (but little science and math skills). While in law school I met with attorneys practicing in many different areas of health law. Getting to know the day-to-day responsibilities in the various practicing settings helped me refine what areas of health law interested me. I had the good fortune to connect with the AAN during this time. It’s an intersection of association, tax-exempt, and health law.

3.  Describe a typical day in your practice.
Bus ride in – meet or email with staff or committee members to identify any legal or regulatory issues pertinent to a new initiative, status meeting with the legal team, answer questions regarding a clinical practice guideline or quality measure, review a grant request, contract or organizational policy, connect with fellow counsels at related specialty societies on current issues, and prepare for an upcoming Board or committee meeting – bus ride out.

4.  What do you enjoy most about your job?
Working alongside hardworking, intelligent, kind and positive people. Interacting with the member neurologists who devote their lives to managing and treating some of the most life-altering diseases. And the wide variety of legal issues and opportunities for counsel that come across my desk daily.

5.  Advice to law students or new lawyers looking to practice health law.
Go out and meet with people in many practice areas within health law. Get to know what they like or dislike about what they do. Take a genuine interest, be a good listener, and be open to new opportunities. 

6.  What are your hobbies outside of work?
Spending time with my wife Lindsey, our daughter Mae, and our 100lb Pyrenees-mix, Oliver. I also enjoy volunteering for Youth Farm (a youth development organization in the Twin Cities utilizing urban farming to educate and cultivate leadership) and the Child Neurology Foundation.

7.  How many years have you been a member of the MSBA Health Law Section?
Seven years.

8.  What is the greatest benefit of MSBA Health Law Section membership? 
Getting to know personable and skilled attorneys representing a wide range of practice settings and experiences.

9. If you could have personally witnessed any event in history, what would it be?
For fun, courtside at the 1986 NBA Eastern Conference Playoffs, Game 2, where Michael Jordan scores 63 against Larry Bird and the Celtics, or at the 1998 NBA Finals, Game 6, where Jordan hits the last shot.


*** We welcome nominations for ICU: Meet Your Fellow MSBA Health Law Section Member.  
Submissions can be sent to Geen Mui: gmui@mnbar.org.