IN THIS ISSUE: Fall/Winter 2013

Sontag, David  Jerry Tichner Bio photo  cosgrove

David Sontag, Jerry Tichner, and Meg Cosgrove
Co-editors, Health Law Reporter

As we approach the one year anniversary of the Boston Marathon bombing, we reflect not only on the tragic scene that unfolded that day but also on the tremendous displays of community and the human spirit that followed thereafter.  Each person affected has their own story to tell; however, Jamie Katz, General Counsel and a Senior Vice President at Beth Israel Deaconess Medical Center, provides a unique perspective in his article on the Medical Center’s response to the bombings as well as the challenges it was confronted with when both suspects, Tamarlan and Dzohkar Tsarnaev, were brought to the Medical Center for treatment.

We are also excited that Julie Myers from the Attorney General’s office was able to spend some time with Lois Johnson, General Counsel of the Health Policy Commission.  In her interview, Julie garnered insights from Lois about the mission of the HPC as well as ways in which the Commonwealth continues to be on the cutting edge of health care policy in the United States.

In addition, this edition of the Reporter includes an assessment of the public health issues underlying the tanning salon industry and the dangers associated with an apparent lack of enforcement related to the false and deceptive advertisements issued by certain members of the industry.  Robert Ciccia suggests that a litigation strategy similar to that employed in the cigarette industry for its “light” cigarettes may be a viable solution to the issue. 

This edition includes summaries on four recent health law cases in Massachusetts addressing topics ranging from commitment under G.L. c. 123, § 7 to the awarding of treble damages under the Massachusetts Wage Act.

On a final note, we wanted to recognize the hard work of all of our authors and peer reviewers as well as the members of the Communication Committee who work to ensure that this publication remains the preeminent  snapshot of current developments in health law and policy in Massachusetts!

Opinion Pieces:

BIDMC and the Boston Marathon Bombings
By Jamie Katz

Litigating Tanning Salons in Massachusetts: A Policy Proposal
By Robert A. Ciccia

Policymaker Profile: Lois Johnson
By Julie Meyers

Health Law Case Briefs: 

In the Matter of C.B.
By Sarah E. Lowdon

HipSaver, Inc. v. Kiel
By Maggie Schmid

N.E. Physical Therapy Plus, Inc. v. Liberty Mutual Insurance Company
By Tucker W. Wade

Alla Feygina v. Hallmark Health System, Inc., et al.
By Kelly McGee

Welcome to the new Health Law Reporter!

Welcome to the new Health Law Reporter!

Welcome to the new and improved blog of the BBA’s Health Law Reporter.
Here you will find educational and insightful posts, written by health law attorneys from the Boston area. Please feel free to check out our tabs and learn more about the Health Law Section and the BBA as a whole.

 Interested in contributing?
There will be a brainstorming call for the Fall issue of the Reporter at 10 am on Tuesday, September 10, 2013. 
Dial in:  (888) 433-2797; Passcode:  6173382990
All are welcome and encouraged to join the call! If you cannot join us, please contact David Sontag , Jerry Tichner and Phil Rakhunov. 

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IN THIS ISSUE: Spring 2013

IN THIS ISSUE: Spring 2013

We are pleased to present the 2013 Spring issue of the Health Law Reporter. In this issue you will find a Policymaker Profile of John Polanowicz, the new Secretary of the Massachusetts Executive Office of Health and Human Services (EOHHS). You will also find three substantive articles addressing Congress’ efforts to repeal Section 3141 of the Affordable Care Act, which provides for the application of budget neutral adjustments to the Medicare hospital wage index on a national basis, permissible health information disclosures by Massachusetts health care providers and the U.S. Court of Appeals for the Second Circuit’s now famous Caronia decision. Finally, we there are 4 health law case briefs covering topics ranging from the validity in Massachusetts of causes of action based on the “negligent credentialing” of physicians, to disputes regarding non-competition clauses in physician contracts.

David Sontag, Jerry Tichner, Philip Rakhunov

Co-editors, Health Law Reporter

Sontag, David Jerry Tichner Bio photoPhil Rakhunov

Opinion Pieces:

The Bay State Boondoggle During a Time of Reform
By Amy Kaufman

“Should I Tell Someone?” Permissible Disclosures by Massachusetts Health Providers and the Need for Greater Statutory Clarification
By William M. Mandell

United States v. Caronia: “A Tale Full of Sound and Fury”
By Ara B. Gershengorn

Policymaker Profile: Secretary Polanowicz
By Emily Armstrong

Health Law Case Briefs: 

Conrad v. Abbott Laboratories, Inc.
By Jeffrey Hoffmann

Metroplex Pathology Associates v. Horn
By Patrick Kilgore

Louise Morrison v. Dr. Julian Harris Director, Office of Medicaid 
By Patrick C. Cento

Rabelo v. Nasif 
By Anna Gurevich