Health Care Law Blog
In 2010, the United States Supreme Court in Citizens United v. Federal Election Commission ("Citizens United") reinforced the free speech rights of corporations and labor unions to participate in the political process through independent communications expressly advocating the election or defeat of a clearly identified candidate. Also in 2010, the United States District Court for the Western District of Michigan held in Michigan Chamber of Commerce v. Land1 ("Michigan Chamber of Commerce") that corporations could pool their resources with other corporations in order to exercise their rights to make independent expenditures expressly advocating the election or defeat of a candidate.
The U.S. Department of Health and Human Services released the final rules for Accountable Care Organizations ("ACOs") on October 20, 2011. (The final rules will be officially published in the November 2, 2011 issue of the federal register.) The Centers for Medicare and Medicaid Services issued a press release that contains an overview of the ACO initiative as well as relevant links to related documents.
On Thursday, October 6, 2011, Foster Swift sponsored the Lansing Regional Chamber 2011 Health Care Forum. Many of the Foster Swift Health Care Group attorneys were in attendance. The event included speakers such as Alisa Bennett from Blue Cross Blue Shield of Michigan; Greg Rhodes from Mercer Health and Benefits, LLC; Margo Johnson from Mercer Health and Benefits, LLC; Nancy McKeague from Michigan Health and Hospital Association (MHA); and Julie Mann from JMann Consulting Group. Additionally, the Health Care Forum led into the October Economic Club Luncheon where Dennis Swan, President and CEO of Sparrow Health System, gave the keynote presentation.
Everyone in the health care industry is confronted with consolidation. If you are a health care provider, you are likely to be confronted with it as governmental regulations and cost pressures continue to prompt alliances and networks among competitors. Also, anyone looking to engage in the new Accountable Care Organizations created by the Health Reform Act most likely will be joining forces with additional health care entities. As a health care business attorney, I have been on both sides of the table. If you are considering an alliance, here are a few suggestions for you to consider based upon my experience in selecting an alliance or network partner.
Members of the Foster Swift Health Care Law Practice Group attended the Annual Meeting of the State Bar of Michigan's Health Care Law Section on Wednesday, September 21, 2011. A highlight of the day was when Gary McRay was inaugurated to the Health Care Law Section's first Class of Fellows. The Class of Fellows recognizes distinguished practitioners for their professional contributions and dedication to the practice of health care law. McRay was one of only 10 attorneys inducted as a Fellow. Grateful to receive such an honor, McRay expressed that he "would like to thank the State Bar of Michigan for the award" and noted that he was "honored to be included with the other lawyers in the first class of fellows."
