Voices In Health Law

In the final installment of our three-part series on healthcare privacy, Voices in Health Law host Ramana Rameswaran is joined by Adam Greene of Davis Wright Tremaine and Jaysen Park of VMG Health for an in-depth discussion on the Biden administration's proposed updates to the HIPAA Security Rule. The conversation explores the motivations behind the overhaul, including growing cybersecurity threats and enforcement challenges, and examines the implications for covered entities and business associates—particularly smaller healthcare practices. The episode also highlights practical steps regulated entities can take now to prepare, despite the uncertain regulatory future.

In this episode, host Stephanie Dorvil speaks with Betsy Hodge a partner in the Healthcare practice at Akerman LLP, about her insights and analysis on methods that healthcare providers can use to protect customer data, and best practices for compliance with evolving state and federal laws.

In this week's HLbytes Roundup, host Jeff Wurzburg discusses the byte “The Trump Administration's 2025 DEI Executive Order: Unveiling FCA Risks for Health Care Providers” submitted by Barri Dean and more. For more on these stories and others like it, go to ambar.org/hlsnews and check your inbox every Wednesday for the next edition of HLbytes.

In this week's HLbytes Roundup, host Andy Demetriou discusses the byte “District Court Orders Federal Agencies to Restore Access to Resources for HIV Prevention and Contraceptives” submitted by Sam Ruddy and Caitlin Forsyth and more. For more on these stories and others like it, go to ambar.org/hlsnews and check your inbox every Wednesday for the next edition of HLbytes.

Nawa Lodin of Wilson Sonsini & Goodrich and Reema Taneja of Nixon Law Group join us to give an overview of the current state of the regulatory and legal landscape of AI and digital health matters.

In this week's HLbytes Roundup, host Andy Demetriou discusses “FDA Publishes Draft Guidance on AI Use for Drug and Biological Product Submissions” submitted by Guilherme Ferrari Faviero and more. For more on these story and others like it, go to ambar.org/hlsnews and check your inbox every Friday for the next edition of HLbytes. Registration is now open for the 26th Annual Emerging Issues in Healthcare Law Conference. Register today at ambar.org/emi2025.

In this week's HLbytes Roundup, host Ramana Rameswaran discusses this week's Washington Roundup submitted by David Ermer. For more on these story and others like it, go to ambar.org/hlsnews and check your inbox every Friday for the next edition of HLbytes.

In this week's HLbytes Roundup, host Andy Demetriou discusses the byte on “Trump Nominates Dr. Oz to Lead CMS” submitted by Seamus Taylor. For more on these story and others like it, go to ambar.org/hlsnews and check your inbox every Friday for the next edition of HLbytes.

In this week's HLbytes Roundup, host Stephanie Dorvil discusses the byte on “HHS Office for Civil Rights Imposes $70,000 CMP for Failure to Provide Timely Access to Patient Records” submitted by Seamus Taylor. For more on these story and others like it, go to ambar.org/hlsnews and check your inbox every Friday for the next edition of HLbytes..

In this week's HLbytes Roundup, host Jeff Wurzburg discusses the byte on “HHS Office for Civil Rights Settles HIPAA Ransomware Cybersecurity Investigation for $250,000” submitted by Kathryn Van Sistine. For more on these stories and others like them, go to ambar.org/hlsnews and check your inbox every Friday for the next edition of HLbytes.

In this week's HLbytes Roundup, host Ramana Rameswaran discusses the byte on “DC Circuit Applies Loper Bright to Set Aside HHS Volume Decrease Adjustment Calculation Methodology” submitted by Sam Ruddy. For more on these stories and others like them, go to ambar.org/hlsnews and check your inbox every Friday for the next edition of HLbytes.

In this week's HLbytes Roundup, host Stephanie Dorvil discusses the byte on “HHS Voluntarily Dismisses Appeal in Online Tracking Technology Lawsuit” submitted by Jessica Bailey Wheaton and David Ermer, and more! For more on these stories and others like them, go to ambar.org/hlsnews and check your inbox every Friday for the next edition of HLbytes.

In this week's HLbytes Roundup, host Andy Demetriou discusses the byte on “Jarkesy Will Have a Far Greater Impact on Healthcare Law Than Loper Bright” submitted by Erica Lindsay and more! For more on these stories and others like them, go to ambar.org/hlsnews and check your inbox every Friday for the next edition of HLbytes.

In this week's HLbytes Roundup, host Jeff Wurzburg discusses the byte on “Use of Artificial Intelligence by Lawyers” submitted by Arthur Peabody and more! For more on these stories and others like them, go to ambar.org/hlsnews and check your inbox every Friday for the next edition of HLbytes.

In this episode, the first in a three-part series, we are joined by Courtney Hurtig, a healthcare attorney at Phelps Dunbar in New Orleans and James Tekippe a director at VMG Health in Dallas. This series will delve into the new responsibilities of health care providers to protect patient privacy, and the harsh penalties for non-compliance. This year's changes to HIPAA and Part 2 set new limits and standards for what and when providers can disclose. For providers, this means operational changes, additional training, and greater legal and financial risk. This series will tackle these issues from all sides.

This podcast provides a high-level overview of the incorporation of managed care into Medicaid programs around the county, including the history of the program, current trends, and how providers and beneficiaries access these programs

In this week's HLbytes Roundup, host Ramana Rameswaran, discusses the byte on Illinois AG Leads Effort to Reaffirm ABA's Commitment to Diversity submitted by Sara Frazier and CMS to End Change Health Provider Temporary Program by Erica Lindsay For more on these stories and others like them, go to ambar.org/hlsnews and check your inbox every Friday for the next edition of HLbytes.

In this week's HLbytes Roundup, host Stephanie Dorvil discusses the byte on “Proposed Senate Repeal of Nursing Home Staffing Mandate Has ‘Significant Chance of Passing'” submitted by Ellie Martin and more! For more on these stories and others like them, go to ambar.org/hlsnews and check your inbox every Friday for the next edition of HLbytes.

In this week's HLbytes Roundup, host Andy Demetriou discusses the bytes on “Federal District Court Holds That No Surprises Act Does Not Create a Cause of Action to Enforce IDR Arbitration Awards” submitted by David Ermer. For more on these stories and others like them, go to ambar.org/hlsnews and check your inbox every Friday for the next edition of HLbytes.

The Latest On Healthcare AI Regulation by American Bar Association Health Law Section

In this episode, host Ramana Rameswaran reviews the ABA Health Law Section's HLBytes May 31, 2024, HLBytes Washington Roundup specific to Healthcare Dive's report on US Court of Appeals for the DC Circuit's recent ruling on the permissibility of drugmakers to impose limits on pharmacies under the 340B program.

In this week's HLbytes Roundup, host Jeff Wurzburg discusses this week's “Washington Roundup” submitted by David Ermer. For more on these story and others like it, go to ambar.org/hlsnews and check your inbox every Friday for the next edition of HLbytes.

In this episode, we are joined by Katherine Benesch of Benesch and Associates. With 4 decades of experience, Katherine provides a brief overview of mediation and arbitration, including the process, advantages and disadvantages and when and where its used. This episode previews topics to be discussed during the May 30,2024 webinar under the same name.

In this week's HLbytes Roundup, host Andy Demetriou discusses the bytes on “Steward Health Care Files for Chapter 11 and Places For Sale Sign on Hospitals” submitted by Clayton Northrop. For more on these stories and others like them, go to ambar.org/hlsnews and check your inbox every Friday for the next edition of HLbytes.

This is Episode 2 of a two-part series on Advance Directives where host Stephanie Dorvil talks to Nathan Kottkamp of Williams Mullen in Richmond, VA, who is a member of the ABA Post-Acute Care Continuum Task Force about recent proposals to update the Uniform Law Commission's Health Care Decisions Act that prescribes minimum requirements for advance directives. Nathan, drawing from his extensive ethics and legal expertise, worked with the Uniform Law Commission to update this law to encourage more U.S. jurisdictions to adopt more realistic, implementable standards for these very important documents. Resources: Uniform Law Commission – Health Care Decisions Act: https://www.uniformlaws.org/committees/community-home?CommunityKey=3df274d6-776b-4780-8e4e-018a850ef44e; https://www.americanbar.org/groups/law_aging/publications/bifocal/vol45/vol45issue1/new-health-care-decisions-act/

In this week's HLbytes Roundup, host Jeff Wurzburg discusses the byte on the “CMS Issues Final Medicaid Managed Care Rule” submitted by Ellie Cochran. For more on these story and others like it, go to ambar.org/hlsnews and check your inbox every Friday for the next edition of HLbytes.

This is Episode 1 of a two-part series on Advance Directives where host Stephanie Dorvil talks to Nathan Kottkamp of Williams Mullen in Richmond, VA, who is a member of the ABA Post-Acute Care Continuum Task Force about what everyone (not just Boomers and their families) needs to know about advance directives. In advance of National Healthcare Decisions Day (NHDD) on April 16, this is an important topic. Of note, NHDD was founded in 2008 by Nathan Kottkamp, to provide clear, concise, and consistent information on healthcare decision-making to both the public and providers/facilities through the widespread availability and dissemination of simple, free, and uniform tools (not just forms) to guide the process. Resources: The Conversation Project: https://theconversationproject.org/nhdd/, American Bar Association Guides and Toolkit: https://www.americanbar.org/groups/law_aging/resources/health_care_decision_making/ad-counseling-guide/ and https://www.americanbar.org/content/dam/aba/administrative/law_aging/2020-tool-kit-hcap.pdf.

In this week's HLbytes Roundup, host Andy Demetriou discusses the byte on “FCA Counterclaims – Defendants Can Proceed with Counterclaims Against False Claims Act Whistleblowers ” submitted by Valerie Cohen and Eva-Maria Ghelardi. For more on these stories and others like them, go to ambar.org/hlsnews and check your inbox every Friday for the next edition of HLbytes.

In this week's Hlbytes Roundup, host Jeff Wurzburg discusses the byte on the HHS OCR Updates Guidance on Third-Party Web Trackers submitted by Megan Kasper. For more on these story and others like it, go to ambar.org/hlsnews and check your inbox every Friday for the next edition of HLbytes.

In this week's Hlbytes Roundup, host Andrew Demetriou discusses the bytes on the latest in the Change Healthcare Breach and 340B both submitted by David Ermer. For more on these story and others like it, go to ambar.org/hlsnews and check your inbox every Friday for the next edition of HLbytes.

In this episode, host Ramana Rameswaran is joined by co-presenters Shannon Britton Hartsfield, Health Care partner at Holland & Knight and Jeremy Shapiro-Barr, attorney at the Health Sciences Law Group, to discuss their session Data Strategy and Changing Privacy Regulations being held at the ABA Health Law Section's 25th Emerging Issues in Healthcare Conference being held in New Orleans on April 3-6, 2024. For more information and to register go to ambar.org/emi2024

In this episode of HLbytes Roundup, host Ramana Rameswaran reviews the Washington Roundup in the March 8, 2024 issue of HLbytes submitted by David Ermer related to the Change Healthcare Outage, HHS's announcement, CMS's Accelerated Payments to Part A and Advance Payments to Part B suppliers that came out on Saturday March 9th, 2024 and HHS's press release around the cross-government public inquiry into private equity. For more on this story and others like it, go to ambar.org/hlsnews and check your inbox every Friday for the next edition of HLbytes. Sources: https://www.hhs.gov/about/news/2024/03/05/hhs-statement-regarding-the-cyberattack-on-change-healthcare.html https://www.cms.gov/newsroom/fact-sheets/change-healthcare/optum-payment-disruption-chopd-accelerated-payments-part-providers-and-advance

In this episode, host Jeff Wurzburg is joined by BRG's Joanna Younts, editor and coauthor of the Health Law Section's newest publication “A Practical Guide to Reimbursement in Managed Care,” to give us a sneak peak of some of the themes covered in the book. This book provides a detailed historical account of Medicare reimbursement and payment approaches used across nearly all provider types, along with a practical discussion of commercial payer contracting and payment strategies. For more information on the book and how to purchase it, go to https://www.americanbar.org/products/inv/book/435774403/

In this week's Hlbytes Roundup, host Jeff Wurzburg discusses the byte entitled “Ongoing Change Healthcare Breach” submitted by David Ermer and more. For more on this story and others like it, go to ambar.org/hlsnews and check your inbox every Friday for the next edition of HLbytes.

In this episode, we are joined by Ramana Rameswaran, Health Care partner at Katten, to discuss the truly interactive Beginners Guide Session being held at the ABA Health Law Section's 25th Emerging Issues in Healthcare Conference being held in New Orleans on April 3-6, 2024. For more information on this session and to register for the conference, visit ambar.org/emi2024

In this week's Hlbytes Roundup, host Andrew Demetriou discusses the byte entitled “Future Coverage Trends Are in Doubt as 16 million Medicaid Enrollees Have Been Dropped” submitted by Erica Lindsay. For more on this story and others like it, go to ambar.org/hlsnews and check your inbox every Friday for the next edition of HLbytes.

In this week's Hlbytes Roundup, host Ramana Rameswaran discusses the byte entitled “High Profile Challenges to Scope and Breadth of AKS Are Cases to Watch” submitted by Alethea M. Huyser. For more on this story and others like it, go to ambar.org/hlsnews and check your inbox every Friday for the next edition of HLbytes.

In this episode, we are joined by Johnjerica Hodge, co-chair of Katten's ESG Risk and Investigations practice, to discuss the role ESG is playing in the healthcare sector, how healthcare companies can successfully implement or strengthen their ESG programs, and issues on her radar at the intersection of ESG and healthcare.

In this episode, we are joined by Karen Luong, a leader of Husch Blackwell's Psychedelics & Emerging Therapies practice to discuss current research on psychedelic drugs to treat mental health disorders; the legal implications of that research and potential FDA approval; an overview of potential avenues for rescheduling under Right-to-Try laws; lessons learned from the cannabis industry; and the viability of protections under religious use laws.

Join host Jeff Wurzburg and Matt Fisher for a preview of what is to come in Matt's presentation at the 2023 Washington Health Law Summit. The presentation will provide a broad overview of the myriad uses for artificial intelligence (AI) in healthcare, including how AI can affect the healthcare industry moving forward, what AI means exactly, and how regulations will treat it. WHS is taking place December 11-12 at the Ritz Carlton – Washington DC. To register or to learn more about the program go to ambar.org/whs2023

John Kelly of Barnes & Thornburg and Julie Nielsen of BRG preview their presentation at the 2023 ABA Managed Care Institute taking place October 11-12 in Chicago. Learn more and register for the conference at ambar.org/mci2023

Kate Driscoll (Morrison Foerster) joins to discuss the nature of clinical trials fraud, recent developments in enforcement activity and the role of lawyers in counseling compliance by clinical research organizations.

A discussion with Adrienne Dresevic, the incoming Chair of the Health Law Section on her path to leadership and plans for the upcoming year.

Join host Stephanie Dorvil as she interviews her former colleague Greg Demske, who reflects on his long legal career to becoming Chief Counsel in the Office of Counsel to the Inspector General at the Department of Health and Human Services and talks about his next chapter in private practice. This episode was recorded in March at EMI 2023.

Join host Andy Demetriou and Kimberly Chew of Husch Blackwell to discuss the emerging use of ketamine in the treatment of mental health conditions and the legal, risk and financial considerations for clinics that are integrating ketamine therapy into their practices.

Host Jeff Wurzburg interviews Kyle Brierly and Sammy Change of Athene Law about proposed rules that would make significant changes in both fee-for-service Medicaid and Medicaid managed care.

Host Jeff Wurzburg interviews Founder & CEO of FemInnovation Bethany Corbin regarding the new HIPAA proposed rules regarding reproductive health data.

Hear our host Felicia Sze (Athene Law) discuss cutting edge issues around behavioral health issues in the ED with Chris Conatser (Norton Rose Fulbright). Their discussion will cover how the behavioral health crisis is affecting healthcare providers, the causes of the crisis, areas of ambiguity in the process of providing emergency behavioral health care and creative solutions.

Join host Jeff Wurzburg and Felicia Sze (Athene Law) as they discuss the Medicaid program, the history of Medicaid managed care, how the program is funded, and current hot topics. This episode was recorded in January 2023.

Join host Stephanie Dorvil as she interviews Andrew Mahler, Vice President of Privacy and Compliance at Clearwater Compliance for insights on the evolution of privacy protections and expectations within the health care industry. Andrew's background as a former regulator at HHS Office of Civil Rights and his in-house experience inform his thoughts and predictions for the health care industry as privacy regulation imposes more demands on participants.

In this final part of the three-episode series on the Inflation Reduction Act, host Stephanie Dorvil and guest Joe Metro (Reed Smith, LLP) discuss the mechanics of the IRA's federal drug price negotiation provisions. Under those provisions, the Department of Health and Human Services will identify a limited number of “selected drugs” each year and will negotiate a “maximum fair price” (MFP) for those drugs. For more info, see: https://go.cms.gov/42MKIn5