JD Journal » health care

The Supreme Court Decides the Constitutionality of Obamacare

chelsei — Mon, 14 Nov 2011 17:26:17 +0000

In a recent development that should shock no one, the U.S. Supreme Court this morning agreed to review the constitutionally of President Barack Obama’s signature policy achievement, which is the Patient Protection and Affordable Care Act, also known as Obamacare. This means that, before the very end of the current SCOTUS Term in the summer of 2012, the justices will rule on the validity of this sweeping legislation (unless of course they try and avoid the question on jurisdictional grounds, as Judge Brett Kavanaugh of the D.C. Circuit recently did — a path that may appeal to Justice Kennedy, as suggested by Professor Noah Feldman, and a path that the Court itself highlighted just by mentioning the jurisdictional issue in its certiorari grant).

In the meantime, there will be quite enough dinner party chit-chats about the new health care reform law and its constitutionality.

Over the weekend, at the Federalists Society’s National Lawyers Convention, here are some of the key discussions, and some of the speakers:

”RESOLVED: Congress Acted Within Its Authority in Enacting the Patient Protection and Affordable Care Act.

- Hon. Paul D. Clement, Partner Bancroft PLLC and former U.S. Solicitor General

- Prof. Laurence H. Tribe, Carl M. Loeb University Professor, Harvard Law School

- Moderator: Prof. Nicholas Quinn Rosenkranz, Georgetown University Law Center”

In this fascinating debate, ably moderated by Professor Resenkranz, Paul Clement and Laurence Tribe outlined their clashing views on the Act’s constitutionality.

Professor Tribe began by providing a little background on the Act. In March 2010, it was signed into law and represented Congress’s attempt to tackle the health care crisis — a crisis that involves at least 17 percent of our GDP. He pointed out that health care is very much unlike other markets because hospitals don’t turn away patients, which will mean that the health care costs of the people who are uninsured effectively get passed along to everyone else.

The ”individual mandate” provision of the Act attempts to encourage coverage by imposing some tax penalties on the people who do not have/do not buy any health insurance. The new provision will encourage everyone to purchase coverage, and will raise revenue from the people who do not. This provides an incentive for people to acquire heath insurance in advance of when they will actually need care, which is much more efficient and effective than the status quo. It’s common knowledge that pretty much everyone will, at some point in their lives, need health care, so why should we wait until they either get hurt or sick before we deal with the problem?
With approval, Tribe note that the decisions by the Sixth Circuit and the D.C. Circuit upholding the validity of the Act. He also noted that the distinguished conservative jurists such as Jude Jeffrey Sutton and Judge Laurence Silberman have both written in defense of the law.

Baker & Daniels Adds Two Partners to Chicago Office

rebneely — Mon, 18 Apr 2011 14:04:01 +0000

Baker & Daniels LLP has added two partners to its Chicago office, J. Patrick Fitzsimmons and Brenda J. Robinson.

Fitzsimmons focuses his transactional practice on health care, medical device, biotech and life sciences, and represents a wide variety of clients, public and private.

Robinson’s practice is focused on intellectual property, including trademarks, copyrights, e-business and technology. She is also a member of the firm’s sports and entertainment practice.

Prior to joining Baker & Daniels, Fitzsimmons practiced law with a variety of boutique life sciences and health care focused law firms.

Robinson has counseled clients in the areas of sports and entertainment, and music and film.

A full service law firm, Baker & Daniels LLP employs over 370 attorneys and legal professionals.

Firms Hire MDs To Combat Government Suits Over Medicare Billing

joshua — Tue, 11 May 2010 17:56:26 +0000

As posted at Forbes.com, more and more law firms are putting doctors on the payroll to aid in the defense of government suits against their own physician clients for fraudulent billing practices under Medicare.

One particular firm highlighted by Forbes, Arnall Golden Gregory, has hired a former Aetna and Blue Cross and Blue Shield administrator and physician, Charles H. Whigham, who is intimately familiar with Medicare billing practices and will use that knowledge to help Arnall clients run defense against government scrutiny.

Arnall Golden Gregory is an Atlanta based firm with over six decades of practice experience. Its primary practice areas include business litigation, acquisitions and mergers, and capital markets financing.

King & Spalding Adds Practice Head from Sidley Austin

joshua — Tue, 27 Apr 2010 22:13:57 +0000

King & Spalding has snatched Patrick Morrissey, a former partner at Sidley Austin, who joins the firm as a partner and co-chair of its FDA/life sciences practice in Washington D.C. Morrisey will also serve as a member of King & Spalding’s health care and public policy practice.

Edward M. Basile, co-leader of King & Spalding’s FDA/life sciences practice, called Morrisey “one of the leading experts in the country on healthcare reform, Medicare and Medicaid issues.

“In addition to representing eight of the top 10 pharmaceutical/biotechnology manufacturers as well as eight of the top 10 medical device manufacturers, King & Spalding also has the largest health care law practice in the nation,” said Basile said in a press release. “Patrick’s arrival simultaneously adds depth to both our regulatory and legislative practices and provides us with an unsurpassed opportunity to counsel clients on the intricacies of the new health care reform law.

Morrisey has successfully represented clients before the Department of Health and Human Services, Centers for Medicare and Medicaid Services and Congress on precedent-setting matters pertaining to coding, coverage and payment of Medicare-related items and services.

Morrisey focuses a large portion of his practice on providing companies with regulatory and legislative analysis and strategic counseling on health care reform.

King & Spalding, which is celebrating 125 years of service, is an international firm with more than 800 lawyers in Abu Dhabi, Atlanta, Austin, Charlotte, Dubai, Frankfurt, Houston, London, New York, Paris, Riyadh (affiliated office), San Francisco, Silicon Valley and Washington, D.C.

Nevada Governor Throws Health Care Hail Mary

julie — Wed, 07 Apr 2010 05:11:35 +0000

Nevada Attorney General Catherine Cortez Masto has refused to join the suit against the Health Care Law that President Obama signed late last month. Cortez Masto wrote in a letter to the Governor, “In my professional judgment, joining the litigation filed by 14 other states, as you have suggested, is not warranted by existing law at this time.” Governor Jim Gibbons has moved on without her, however, and hired Mark Hutchison from the Las Vegas law firm of Hutchison & Steffen as Special Legal Counsel to the Governor. Mr. Hutchison will be working pro-bono on the case. Gibbons is quoted, “The arrogance of this Administration to force all Nevadans to purchase something (health insurance from private companies) or face IRS penalties is outrageous and wrong.”

It’s curious that Gibbons is finally on the popular side of an issue in Nevada. Just two years ago his approval rating was hovering around 10%. Since taking up the gauntlet on the Health Care Law his approval rating has gone up, putting him in the very unlikely position of actually being a competitive candidate for reelection.

Government Investigating Insurance Company

joshua — Mon, 21 Sep 2009 15:48:28 +0000

The government is investigating the health insurance company Humana over a mailer it recently sent out regarding health care reform. In the mailer, the company included some dubious claims that appear to designed to frighten the reader. More specifically, the mailer includes claims that the government wants to cut benefits to seniors and the disabled. In response, the Health and Human Services Department has ordered Humana to cease all such mailings and may take further action pending an investigation.

Humana has not issued a statement as of yet, but it seems likely that this will generate a few billable hours somewhere.

Cravath Defers 2010 Associate Class to 2011; Offers Sweet Deferal Option to 2009ers

Erik Even — Fri, 12 Jun 2009 16:32:11 +0000

Cravath, which in March deferred its 150-member incoming associate class to October or November 2009 or January 2010, has some more deferring to do.

First: the 2009 class is being offered a voluntary deferral option. Anyone willing to defer to Fall 2010 will get an $80,000 stipend, health care, $1,000 a month in student loan repayment, and a guaranteed job when the deferral is over.

The offer requires no public interest fellowship, and there are no strings attached.

Second: the 120 members of the 2010 incoming associate class will be deferred to Fall 2011. It’s mandatory, but includes a $65,000 stipend plus the health care and the student loan repayment.

Cravath, Swaine & Moore LLP is based in New York City, with an additional office in London. The second oldest firm in the US, Cravath was founded in 1819.

Howrey Lays Off 25 Staff

Erik Even — Sun, 19 Apr 2009 18:46:21 +0000

Washington DC’s Howrey has laid off 25 secretarial staffers.

Cuts came in all offices except Palo Alto and New York. Those affected are getting severance packages, health care assistance and outplacement.

In addition, Howrey is demanding that non-equity partners contribute capital; and all partners, equity and non-equity, will be able to contribute voluntary capital, and some have already agreed to do so. The firm’s press release hints that these “voluntary” contributions may not be so voluntary.

Additionally, all partners, Equity and Non-Equity, will now able to contribute voluntary capital and several have already agreed to do so. All these are signs of their commitment and dedication to the Firm and its plans for growth.

Huh. Better cut that check.

Howrey LLP was founded as Howrey, Simon, Baker, & Murchison in 1956, and was the first national anti-trust law firm. It has more than 700 attorneys in 17 locations worldwide.

Barnes & Thornburg Expands into Georgia

Erik Even — Mon, 06 Apr 2009 16:43:16 +0000

Indianapolis-based Barnes & Thornburg has opened its eighth office, in Atlanta, Georgia.

Stuart C. Johnson and Jason A. Bernstein, previously partners in the Atlanta office of Bryan Cave, will join the firm to open the Atlanta office.

The firm will recruit lateral attorneys in all practice areas, with the intention of building a full-service office in Atlanta.

The new office will focus on health care, life sciences and software industries.

Barnes & Thornburg has offices in Elkhart, Fort Wayne, South Bend, Chicago, Grand Rapids, and Washington, DC. It employs 500 attorneys and staff.

Attorney Cannot Be Prosecuted Over Bad Advice

Erik Even — Tue, 20 Jan 2009 18:47:48 +0000

Defendants Maria Theresa Ramos, left, Rizza Maulion, center and Felix Vinluan are seated in front of their attorneys James Druker, left and Oscar Michelen .

A lawyer facing criminal charges for advising 10 nurses they could quit their jobs at a Long Island, NY nursing facility gave “objectively reasonable” advice and cannot be prosecuted, a Brooklyn appeals panel has ruled.

In a unanimous decision, the Appellate Division, 2nd Department, ruled that District Attorney Thomas J. Spota of Suffolk County must halt his prosecution of attorney Felix Vinluan and his clients.

“We cannot conclude that an attorney who advises a client to take an action that he or she, in good faith, believes to be legal, loses the protection of the First Amendment if his or her advice is later determined to be incorrect,” wrote Justice Randall T. Eng. “Indeed, it would eviscerate the right to give and receive legal counsel with respect to potential criminal liability if an attorney could be charged with conspiracy and solicitation whenever a District Attorney disagreed with that advice.”

The nurses were recruited as a group from the Philippines by SentosaCare, which operates the Avalon Gardens Rehabilitation and Health Care Center in Smithtown, New York.

In April 2006, they left their posts in protest over job conditions. The district attorney accused the nurses of abandoning their patients by leaving their shifts without giving administrators enough notice to find replacements.

They, along with Vinluan, were indicted in March 2007 on 13 counts, including charges of sixth-degree conspiracy, endangering the welfare of a child, and endangering the welfare of a physically disabled person.

Vinluan, after hearing the nurses’ complaints about substandard pay, poor living conditions, changes in work shifts and other alleged violations of their contracts, “advised them that they could resign if they wanted to as their contracts were already breached.”

Justice Eng pointed out that the nurses “did not abandon their posts in the middle of their shifts.” Rather they resigned “after the completion of their shifts, when the pediatric patients at Avalon Gardens were under the care of other nurses and staff members.”

Eng also noted that the state Education Department ultimately cleared the nurses of professional misconduct after taking into account that “no children were deprived of nursing care.”

Since prosecutors did not dispute that Vinluan acted in good faith, Eng held, the attorney could not be prosecuted for giving legal advice to commit an act, which, under the circumstances, was not a crime.

GC Goes to Work for Firm That “Saved” Her Daughter’s Life

Erik Even — Sun, 04 Jan 2009 23:44:43 +0000

Via Fulton County Daily Report, the story of a lawyer who has gone to work for the company she says saved her daughter’s life:

Her education, work experience and life uniquely prepared Leslie R. Jones for the job she took in October as senior vice president and general counsel of Children’s Healthcare of Atlanta, a network of hospitals…

“Everything I’ve done in my professional life has led up to working at Children’s Healthcare of Atlanta,” said Jones, listing the points on her résumé when she worked as a GC for various health care companies dealing in technology, software, intellectual property, managed care, behavioral health and disease prevention.

But it was something in her personal life that led her to become intimately acquainted with Children’s Healthcare. “In 2002, they saved my daughter’s life,” she said.

Her daughter — then 14 and the oldest of her three children — fell off a retaining wall while playing with friends. It was a 4-foot drop and she hit her head.

“She had a traumatic brain injury. When they took her into the operating room, they said she was more dead than alive,” Jones recalled, crediting the work of a neurosurgery team led by Dr. Andrew Reisner with saving her daughter. “They brought her back from the brink…”

Read the original story.

Holland & Knight Snaps Up DC Lobbying Firm

Erik Even — Thu, 11 Dec 2008 21:52:07 +0000

Law firm Holland & Knight LLP is buying the assets of lobbying firm MARC Associates and adding the company’s lobbyists to its payroll.

Effective January 1st, the 11 lobbyists will join Holland & Knight’s health care and local government policy specialties.

“We’ve been looking to grow our health care practice for the last five years,” said Holland & Knight’s Rich Gold. “We’ve got a good health care practice, but this probably puts us in the top tier.”

He said DC-based MARC Associates isn’t under financial stress, but that the firm wanted to be on a platform that would also offer clients legal services.

Holland & Knight is a global law firm with more than 1,150 lawyers in 17 US offices plus Beijing, Mexico City, Caracas and Tel Aviv. It is the 36th largest law firm in the world, providing representation in litigation, business, real estate and governmental law.