Latest Release

Anticipated Trends for the Health Care and Health Law Industries

Once again, we are pleased to offer our business partners the opportunity to profile their expertise on a wide range of health care transaction issues in the 2022 Health Care Transactions Resource Guide:

• Let the Buyer Beware: The Need for HIPAA Risk Analysis in Healthcare M&A Transactions (Clearwater)
• Physicians in Practice: Ways to Align and Remain Independent (Coker Group)
• Representation and Warranty Insurance in Healthcare Transactions (Crowell & Moring)
• 2022 Outlook: Physician Practice Industry (HealthCare Appraisers)

 

This Resource Guide contains valuable analyses and commentaries on significant health care transaction issues from leading health care experts. It includes timely, practical, and valuable articles for the benefit of our members and the broader health law community, and we are pleased to add this resource to our impressive array of products and services. Thank you to each of our sponsors for making this possible.

 

Past White Papers

Convener on Artificial Intelligence and Health Law: Designing a Trusted Framework for the Application of AI in Health Care

AHLA hosted a virtual Convener on Artificial Intelligence (AI) and Health Law on November 2, 2020. AHLA Conveners gather thought leaders including regulators, clinicians, private practitioners, and other leading authorities to problem-solve through candid dialogue and frank discussion on emerging issues that impact health care and health law. Although AHLA does not engage in lobbying activities, topics discussed during AHLA Conveners frequently present a path forward to the discussion of thorny problems confronting the health care industry. In light of AI’s novel technical nature, its myriad potential applications, and its dependence on complex big data strategies, it is a particularly appropriate topic for the in-depth focus of an AHLA Convener.

The Convener participants and planning committee members have extensive expertise in big data and health care. They were tasked with identifying the elements of a trusted framework for implementing AI in the health care industry. Their positions in health systems, government, academia, private business, legal practice, clinical medicine, statistics and health information, and consumer technology provided a broad spectrum of multi-disciplinary expertise and perspectives needed for a robust and well-informed discussion. The opinions and perspectives expressed by the participants, are theirs alone and do not reflect those of the organizations with whom they are affiliated or employed by. 

This white paper summarizes the Convener discussion, which focused primarily on data privacy and security, regulation, liability allocation, intellectual property, and contracting challenges, and how these issues affect the development of a trusted framework for using AI in health care. It also provides one Author’s view of significant regulatory actions taken in the interim between the Convener and the paper’s publication.

This white paper is brought to you by AHLA members and donors like you.

Fraud and Abuse

​Beneficiary Inducements in an Evolving Market: Assessing the Risks, Understanding the Benefits, and Drawing the Lines

In October 2013, AHLA’s Public Interest Committee held a convener session to engage in a discussion of prohibitions on inducements to beneficiaries found in the federal Anti-kickback Statute and Civil Monetary Penalty Law.  Participants represented a wide variety of backgrounds, including in-house counsel; attorneys in private practice who work primarily with hospitals, physicians, pharmaceutical companies, and/or long term care facilities; counsel engaged in patient advocacy, including the AARP; and attorneys now in the private sector who formerly worked in government services on behalf of both regulatory and enforcement agencies.

The purpose of the convener session was to consider what, if any, changes to these laws or additional guidance from the government might be beneficial in light of both the current structure of the health care delivery system and the implications of health care reform. Representatives from the Centers for Medicare & Medicaid Services, the Centers for Medicare & Medicaid Innovation, and the Office of the Inspector General observed, but did not participate in, the discussion. The Public Interest Committee published a white paper​, which sets forth a summary of the discussion, presenting policy issues as well as practical considerations.​

Health Care Finance and Transactions

​2021 Health Care Transactions Resource Guide 

We are pleased to share the expertise of our business partners on what you need to know when managing the complex nature of health care transactions in the 2021 Health Care Transactions Resource Guide: 

• Let the Buyer Beware: The Need for HIPAA Risk Analysis in Healthcare M&A Transactions (Clearwater)  
• Defining Private Equity Transactions in Healthcare and Understanding Deal Options for Medical Groups (Coker Group) 
• Is 75th Percentile Compensation Safe? A Look at the New Definition of FMV and Its Applicability to Survey Data (HMS Valuation Partners) 
• Fair Market Value and Commercial Reasonableness—2021 and Beyond (HSG)  
• Ambulatory Real Estate Development: Converging Perspectives and Objectives Between Health Systems, Physicians, and Developers (Realty Trust Group, LLC) 
• The Art of Physician Consolidation (SCALE Healthcare, Epstein Becker & Green) 

Thank you to each of our business partners for making this possible. 

​2020 Health Care Financial Management Resource Guide

We are pleased to offer our business partners the opportunity to profile their expertise on a wide range of health care financial management issues in the 2020 Health Care Financial Management Resource Guide:

• Post-Pandemic Crisis Affiliation: What is the New Normal? (Coker Group)
• How Much is Your Data Worth? (Duff & Phelps)
• Avoiding the “New Normal” Trap: Maintaining the Integrity of Fair Market Value and the Compliance Process Through the Pandemic (HMS Valuation Partners)
• Navigating Through Uncertain Times: Health Care Financial Management During a Time of Crisis (JTaylor)
• Guide to Financial Arrangements of Health Care Management Services Organizations (Weaver)
• Capital Financing During Uncertainty: How Due Diligence Helps Streamline the Process and Improve the Outcome (Wipfli LLP)

This Resource Guide contains valuable analyses and commentaries on significant financial management issues from leading health care experts. We are pleased to publish this collection of timely, practical, and valuable articles for the benefit of our members and the broader health law community, and we are pleased to add this resource to our impressive array of products and services. Thank you to each of our sponsors for making this possible.

​2020 Health Care Transactions Resource Guide

We are pleased to offer our business partners the opportunity to profile their expertise on a wide range of health care transaction issues in the 2020 Health Care Transactions Resource Guide:

• Pursuing the Private Equity Model for Hospital-Physician Transactions—A Viable Option (Coker Group)
• Anesthesia Subsidy Assessment: Fair Market Value and Beyond (HSG)
• Health Care Reimbursement Trends: A Driver of Consolidation and Affiliation (JTaylor)
• Brand for Your Buck: Leveraging Brand as an Asset in Healthcare Alliances (PYA)
• Real Estate Due Diligence Considerations for Health Care Merger and Acquisition Transactions (RTG)
• Why Fraud-Based Due Diligence Is Critical in M&A—And the Steps to Take (Wipfli LLP)

Health Information

Convener on Artificial Intelligence and Health Law: Designing a Trusted Framework for the Application of AI in Health Care

AHLA hosted a virtual Convener on Artificial Intelligence (AI) and Health Law on November 2, 2020. AHLA Conveners gather thought leaders including regulators, clinicians, private practitioners, and other leading authorities to problem-solve through candid dialogue and frank discussion on emerging issues that impact health care and health law. Although AHLA does not engage in lobbying activities, topics discussed during AHLA Conveners frequently present a path forward to the discussion of thorny problems confronting the health care industry. In light of AI’s novel technical nature, its myriad potential applications, and its dependence on complex big data strategies, it is a particularly appropriate topic for the in-depth focus of an AHLA Convener.

The Convener participants and planning committee members have extensive expertise in big data and health care. They were tasked with identifying the elements of a trusted framework for implementing AI in the health care industry. Their positions in health systems, government, academia, private business, legal practice, clinical medicine, statistics and health information, and consumer technology provided a broad spectrum of multi-disciplinary expertise and perspectives needed for a robust and well-informed discussion. The opinions and perspectives expressed by the participants, are theirs alone and do not reflect those of the organizations with whom they are affiliated or employed by. 

This white paper summarizes the Convener discussion, which focused primarily on data privacy and security, regulation, liability allocation, intellectual property, and contracting challenges, and how these issues affect the development of a trusted framework for using AI in health care. It also provides one Author’s view of significant regulatory actions taken in the interim between the Convener and the paper’s publication.

Health Policy and Administration

State Civil Commitment Laws: A White Paper

On April 24, 2019, the Substance Abuse and Mental Health Services Administration (SAMHSA) and the American Health Lawyers Association hosted a convener session on state civil commitment law issues. Experts from around the country gathered for a day-long meeting to identify the most pressing issues and discuss possible solutions. The participants in attendance represented a diversity of backgrounds, expertise, and viewpoints on the issue. Convener participants were all individuals who handle matters related to state mental health laws, and they presented their individual viewpoints on the subject.

The following white paper was published in the October 2019 issue of AHLA's Journal of Health and Life Sciences Law.

The Opioid Crisis: Understanding the Complexities, Acknowledging the Challenges, and Exploring Possible Solutions

On September 25, 2018, AHLA hosted a convener session at American University's Washington College of Law in Washington, DC to address the national crisis of opioid-related harm. Twenty experts from around the country gathered for a day-long meeting to identify the most pressing issues and discuss possible solutions. The white paper featured on AHLA's opioid crisis hub page captures the major themes and recurring issues that convener participants, with their diverse experience, expertise, and perspectives, discussed and debated during the day-long session.

A number of related resources that delve more deeply into many of the issues addressed at the convener session are included on our Opioid Crisis page in the Health Law Hub: Current Topics.   

Life Sciences

Objectivity v. Commercialization—AMC Institutional Conflict of Interests in Research: An Academic Discussion

In support of scientific research, society places value on two potentially inconsistent objectives: promoting objectivity in the scientific process while simultaneously promoting commercialization of the results of that process. These potentially inconsistent objectives at the institutional level will be explored in an interactive discussion between individuals representing academic medical centers and participants from research and government agencies.

On January 27, 2011, a panel of experts held an academic discussion around a set of hypothetical scenarios regarding the issues that emerge when academic medical centers engage in medical research.  

A summary of the academic collaborative discussion is presented here in this white paper.