Key Contacts

Brian French, Partner
Deputy Practice Group Leader, Government Investigations & White Collar Defense
bfrench@nixonpeabody.com
617-345-1258

Michele Masucci, Partner
Practice Group Leader, Health Services
mmasucci@nixonpeabody.com
516-832-7573

Thomas McCord, Partner
tmccord@nixonpeabody.com
617-345-1337

People

Services

HEALTH CARE REFORM

The Supreme Court of the United States issued its decision on the constitutionality of federal health care reform on June 28, 2012. Nixon Peabody’s attorneys reviewed the decision and provided a complimentary webinar to help employers interpret and understand the Supreme Court’s ruling.

Beyond the Supreme Court’s decision

In addition to discussing the court’s decision, Nixon Peabody’s attorneys and professionals are available to help clients address the significant legal and operational challenges posed by health care reform since the passage of the Patient Protection and Affordable Care Act (PPACA) more than two years ago.

Regulations and extra-regulatory guidance are continually being implemented, and they impact nearly every employer. Our Employee Benefits team has been monitoring these mandates, advising employers on how to comply with the scheduled mandates. These range from reporting and disclosure requirements for health policies to extensive changes in the scope of health care plan coverage to new collective bargaining rules and new subsidies, fines, and taxes.

Nixon Peabody’s Health Services team is closely following health care reform and is prepared to offer counsel on the tremendous impact the decision and other reforms will have on the health care industry.

Health Reform Resource Center Links

Health Reform Resource Center Documents

Supreme Court ACA Decision (June 28, 2012)
Patient Protection and Affordable Care Act (March 23, 2010)
Health Care and Education Reconciliation Act (March 30, 2010)
PPACA and HCERA Consolidated Version
Compilation of Patient Protection and Affordable Care Act (As Amended Through May 1, 2010)
Proposed Rule: Medicaid Payments for Services Furnished by Certain Primary Care Physicians and Charges for Vaccine Administration under the Vaccines for Children Program (May 11, 2012)
Final Rule: Medicaid Program Community First Choice Option (May 7, 2012)
Medicare and Medicaid Programs Final Rule: Changes in Provider and Supplier Enrollment, Ordering and Referring, and Documentation Requirements; and Changes in Provider Agreements (April 27, 2012)
Medicare and Medicaid Programs Interim Final Rule: Changes in Provider and Supplier Enrollment, Ordering and Referring, and Documentation Requirements; and Changes in Provider Agreements (May 5, 2010)
CMS Announces First Accountable Care Organizations under the Medicare Shared Savings Program (April 10, 2012)
Additional Guidance on the Medicare Plan Selection Process for Organizations Interested in Offering Capitated Financial Alignment Demonstration Plans in 2012 (March 29, 2012)

Thought Leadership/Alerts

Hospitals must satisfy both NYS Community Service Plan (CSP) and federal Community Health Needs Assessment (CHNA) requirements—timing may be challenge
Health Law Alert | May 21, 2013

What's new with the Affordable Care Act?
Benefits Alert | May 20, 2013

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Supreme Court upholds plan terms that require reimbursement of participant's recovery from third party
Benefits Alert | April 30, 2013

Will hospitals need to contract with a Patient Safety Organization in order to contract with health plans participating in health insurance exchanges?
Health Law Alert | April 26, 2013

Webinar Recording: Health Care Reform: Employer Compliance and Strategies
Originally recorded February 14, 2013 | February 19, 2013

Proposed regulations broaden exemptions from and accommodations for offering group health contraceptive coverage
Benefits Alert | February 15, 2013

Webinar Recording: Shedding Light on the Sunshine Act Final Rule: Implications for Health Care Providers
Originally recorded February 13, 2013 | February 15, 2013

Prompt action required by employers on health care reform: IRS issues "play or pay" regulations
Benefits Alert | January 16, 2013

Five New Year's resolutions for employers
Employment Law Alert | January 2, 2013

Webinar Recording: Collective Bargaining for Health Benefits in Today's Legal Environment
Originally recorded August 8, 2012 | August 9, 2012

Webinar Recording: Steps Employers Need to Take Now to Implement Health Care Reform
Originally recorded July 25, 2012 | July 30, 2012

A Look Forward and Behind: The History of the Supreme Court's Decision on ACA
Radio interview, The Best Policy with Jim McCabe | July 14, 2012

Webinar Recording: Avoiding the Glare of Government Scrutiny: Understanding the implications of the Physician Payment Sunshine Act
Originally recorded June 28, 2012 | July 2, 2012

Health care reform: the effect on employers after the Supreme Court decision
Benefits Alert | June 29, 2012

Webinar Recording: Supreme Court Health Care Reform decision: What now?
June 29, 2012

IRS issues proposed regulations on excise tax imposed on sponsors of health plans
Benefits Alert | April 20, 2012

Webinar Recording: Not-for-Profit Board Duties in the Era of Health Care Reform
Health Care Check-up Webinar Series | February 27, 2012

At the Brink of Transformation: What Stephen Berger's report means for health care system board members
Health Law Alert | January 26, 2012

FAQs on the final ACO regulations
Health Law Alert | December 28, 2011

Proposed San Francisco health care reform adds complexity for employers
Benefits Alert | November 1, 2011

CMS Releases Final ACO Rule!
Health Law Alert | October 24, 2011

New disclosure requirements mandated by health care reform
Benefits Alert | September 13, 2011

Webinar Recording: Accountable Care Organizations: What you need to know now
April 26, 2011

Analysis of Proposed ACO Regulations Issued March 31, 2011
Health Law Alert | April 20, 2011

Patient Protection and Affordable Care Act has significant impact on graduate medical education: What teaching institutions need to know
February 24, 2011

Constitutional challenges to the Patient Protection and Affordable Care Act
Health Law Alert | February 3, 2011

CMS posts notice soliciting comments on initial regulations for ACOs
Health Law Alert | November 16, 2010

HHS announces Final Rule on meaningful use of EHRs
July 13, 2010

Webinar Recording: Preserving Hospital Tax-Exempt Status: IRS Notice 2010-39 and its impact under the Patient Protection and Affordable Care Act
July 12, 2010

CMS issues proposed regulations that outline criteria for certification of EHR technology
Health Law Alert | July 7, 2010

Health care reform update: new regulations spell out how health plans can lose their grandfathered status
Benefits Alert | June 25, 2010

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Media Clips

Preparing for Healthcare Reform
Corporate Secretary | March 26, 2013
Rochester Labor & Employment partner Eric Paley discusses how preparing for provisions of the Patient Protection and Affordable Care Act that go into effect in 2014 could be a big deal for many companies.
What to Look for in Health Care Reform Mandates Next January
Rochester Business Journal | March 15, 2013
Rochester Corporate partner Jeff LaBarge and Rochester Labor & Employment counsel Kate Saracene co-authored this column discussing the next wave of health care reform compliance mandates.
New ACA Employer Mandate Gives Cos. Surprising Leeway
Law 360 | January 11, 2013
Rochester Labor & Employment counsel Kate Saracene discusses proposed regulations from the U.S. Department of the Treasury and the Internal Revenue Service relaxing a health reform requirement for large employers.

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Legal Advisers Step in to Help Navigate Uncharted Waters
Rochester Business Journal | September 21, 2012
Rochester Labor & Employment partner Eric Paley and Rochester Labor & Employment counsel Kate Saracene discuss how the firm has responded to the passing of the Affordable Care Act and have helped clients navigate the changes.
Reform's Momentum
San Francisco Business Times | July 6, 2012
Los Angeles Health Services partner Jill Gordon provides commentary in this feature article discussing the Supreme Court’s health care reform decision and its impact.
Supreme Court Sends Employers Scrambling
Long Island Business News | July 5, 2012
This article addresses the impact of the Supreme Court’s health care reform decision on employers. Labor & Employment partner Tom McCord provides commentary.
Health Care Client Alerts Prefigure Uptick in Law Firm Business
New York Law Journal | July 3, 2012
This article looks at how the June 28 Supreme Court decision on health care reform impacts attorneys and their clients. New York partner and leader of the firm’s Health Services practice Michele Masucci, provides commentary.
Health Care Decision Boon for Lawyers
Daily Journal | June 29, 2012
This article discusses the June 28 Supreme Court health care reform ruling and its impacts on both attorneys and employers. Los Angeles Health Services partner Jill Gordon is quoted throughout the piece, addressing accountable care organizations (ACOs) and how they deal with anti-kickback and antitrust regulations.
Businesses Brace for Higher Health Care Costs
Long Island Business News | June 28, 2012
Health Services practice group leader Michele Masucci discusses the U.S. Supreme Court’s health care reform decision.
Anticipate Requirements Now for Employer Group Health Plans
Rochester Business Alliance Newsletter | May 1, 2012
This column, authored by Rochester Labor & Employment counsel Kate Saracene, discusses what employers need to know in order to be compliant with the Patient Protection and Affordable Care Act.
Your Week Ahead: The Health Care Watch
Boston Globe Magazine | March 25, 2012
Boston Health Services partner Regina Rockefeller is quoted in this column, which discusses the upcoming arguments on the health care law before the U.S. Supreme Court.
Health Regs 2012: What to watch for
Buffalo Law Journal | November 14, 2011
This Q&A features Rochester Labor & Employment counsel and a member of the firm’s Health Care Reform Team, Kate Ulrich Saracene.
Q&A With Nixon Peabody’s Linn Freedman
Privacy & Consumer Protection Law 360 | September 15, 2011
This Q&A is conducted with Boston and Providence Health Services partner Linn Freedman. Ms. Freedman is leader of the firm’s Data Privacy and Protection group and Health Insurance Portability and Accountability Act (HIPAA) compliance group.
Health-care Legislation Still a Challenge
Buffalo Business First | June 17, 2011
This article provides an updated look into ongoing efforts related to dealing with health care reform. Rochester Labor & Employment counsel Kate Ulrich Saracene and a member of the firm’s health care reform team provides commentary.
US: HHS proposal would give individuals the right to access reports
Data Guidance | June 9, 2011
This article notes that the proposed rule by the U.S. Health and Human Services Department (HHS) to amend the Health Insurance Portability and Accountability Act (HIPAA) Privacy Rule. Providence Health Services partner Linn Freedman provides commentary.
Fines Show No Tolerance for HIPAA Violations
Providence Business News | March 14, 2011
This contributed article, authored by Providence Health Services partner Linn Freedman, discusses the United States Department of Health and Human Services’ Office for Civil Rights efforts protect individual rights guaranteed by the Health Insurance Portability and Accountability Act (HIPAA) Privacy Rule.
Constitutional Challenges to Health Care Reform
Law 360 (Appellate, Health and Insurance) | February 7, 2011
This contributed article, coauthored by Health Services practice group leader Michele Masucci, discusses the need for the constitutionality of the Patient Protection and Affordable Care Act to be reviewed by the courts of appeals on an expedited basis.
Good Medicine: What doctors are talking about now
Massachusetts Medical Law Report | January 1, 2011
This Q&A with industry thought-leaders asks what legal questions physicians should be asking about forming accountable care organizations. Boston Health Services partner Regina Rockefeller is among the commentators.
Provisions in Health Care Law Keep Experts on their Toes
Rochester Business Journal | November 12, 2010
This article, featured in the publication’s special Insurance & Employee Benefits section, discusses health care reform and its impacts. Rochester Labor & Employment partner Eric Paley provides third-party commentary throughout the piece.
Health Care Reform 101: For Physicians
Health Law 360 | June 16, 2010
This guest column, authored by Long Island Health Services associate Brooke Santeramo Lane, is part of an ongoing “Health Care Reform” series. The article discusses the Patient Protection and Affordable Care Act, which significantly expands physicians’ potential fraud and abuse liability, making it essential that physicians have effective prevention programs in place.