Health Law

Amanda M. Busby Voted as 2020-21 TBA Health Law Section Vice-Chair

Amanda M. Busby is a Member of the law firm of Anderson Busby PLLC. Her primary areas of practice include health care, corporate law, and business transactions and litigation. Busby regularly assists clients across a variety of industries in forming business entities, selling or buying businesses, real estate or other assets, and negotiating and drafting a wide variety of contracts. She serves on the Knoxville Bar Association Board of Governors and is a member of the American Health Lawyers Association and of the Physician Organizations Practice Group Section of the American Health Lawyers Association. Busby serves as an East Tennessee Delegate for the Tennessee Bar Association’s Health Law Section and is a graduate of the TBA Leadership Law program. Please join us in welcoming your Health Law Section Chair for the 2019-20 bar year.

read more »

Anti-Opioid Bill Passes First Votes in Legislature

A bill that would establish some of the toughest rules on opioid prescriptions in the country got its first committee endorsements in the House and Senate this week, WPLN reports. The law limits doctors to prescribing three days worth of medication for most patients, but for those prescriptions, doctors would not be required to run a patient’s name through the state’s controlled substance monitoring database.

read more »

Tennessee House Approves Bill Seeking Work Requirements for Some TennCare Recipients

A bill seeking to implement work requirements for "able-bodied" TennCare recipients was overwhelmingly approved by the state House on Monday, reports The Tennessean. The proposal, sponsored by House Speaker Beth Harwell, R-Nashville, directs the state Department of Finance and Administration to seek a federal waiver to impose work requirements for able-bodied, working-age TennCare recipients without dependent children under 6 years old.
 
As the chamber discussed the bill Monday, several Democrats unsuccessfully introduced amendments seeking to change the measure. One amendment, sponsored by House Minority Leader and gubernatorial candidate Craig Fitzhugh, D-Ripley, would have directed the state to submit a waiver to expand Medicaid, however, this amendment was voted down. "The problem with this bill as a whole," said Rep. Mike Stewart, D-Nashville, "is that poor mothers will have less and less access to health care. This movement to take health care away from Tennesseans will not stop with these disadvantaged individuals.”
 
Gov. Bill Haslam has voiced support for the bill, telling the Knoxville Chamber, “We have Tennessee Reconnect. Anybody can go back to school for free… and then actually we’re really short on workforce folks now.”
 
“We have thousands of unmet job needs in Tennessee right now. So this is an environment where people can go fairly easily and meet those qualifications," Haslam said.
 
The House voted 72-23 in favor of the measure. The Senate is expected to take up its version of the bill in the coming days.

–Here is a recent amendment to SB1728 /HB1551

read more »

Tennessee House Panel, Gov. Haslam, Face Off on Opioid Prescription Limits

A House panel's action last week to move alternative legislation to Gov. Bill Haslam's opioid proposal is spurring intense discussions between administration officials and health providers who believe the governor's proposed prescription limits go too far, reports the Chattanooga Times Free Press. Haslam and top administration health officials argue the limits are necessary to combat Tennessee's opioid crisis. Detractors feel the proposed limits are too drastic and impede the authority of doctors, interfering with their patient relationships and prompt multiple visits.

The governor’s plan wants to limit prescriptions for new patients to just five days and with a second opioid prescription for 10 days in "exceptional cases." Doctors will have to justify and document the second prescription under the legislation and first seek non-opioid treatments. There are exceptions for patients suffering from cancer or who are in end-of-life hospice care. Existing patients suffering from chronic pain will not be impacted by the legislation should it become law.

The alternative bill, sponsored by Rep. Cameron Sexton, R-Crossville, who chairs the House Health Committee seeks to mitigate some of the prescription limits, allowing doctors to continue prescribing initial doses of painkillers and provide discretion to pharmacists on how much to fill at one time.  "I think the administration's bill, we felt like, may be a little too burdensome on the patient and prescribers and tries to treat everyone the same even in the practice of medicine. What we felt like was we didn't have to intercede into the practice of medicine," said Sexton. "We thought we could go a little bit different route to achieve that same goal."

Republican senators appear to be more in line with Haslam's original legislation, which is scheduled to come up today in the Senate Health and Welfare Committee. Taken together, it would amount to some of the nation's strictest prescription limits. 

read more »

Health Law Forum 2018: We Need Your Input

We are excited to announce the newly determined dates for the 2018 Health Law Primer and Forum. This year's Primer will be on Oct. 10, with the Forum taking place Oct. 11-12, both at the Embassy Suites in Franklin.
 
Through top-notch presentations and innovative programming, this forum has become a staple for not just Tennessee lawyers, also drawing attendees from across the country. This year will be no exception.
 
As we are in the preliminary stages of planning, now is the time to make your voice heard. Please take a moment to complete this very brief survey and assist us in determining material that is timely, relevant and enriching to attorneys who share this focus. 
 
We greatly appreciate your help in continuing to make this program the premier event for health law attorneys nationwide.
 
read more »

Idaho to Allow Non-ACA Approved Health Insurance Plans

Idaho officials said they will begin allowing insurers to sell new plans that don't meet requirements set by the Affordable Care Act. In a bulletin issued Wednesday by state Department of Insurance Director Dean Cameron, "state-based health benefit plans" or "state-based plans" will not be subject to the federal restrictions applied to"grandfathered" or "transitional" plans.
 
Under these guidelines, insurers who participate are free to deny people coverage or charge more based on a customer's medical history, a practice that's illegal under Obama Care. Officials argue that the state needed to act to allow for cheaper plans that would help attract younger, healthier people back into an ailing market, however, critics say that this will likely mean steep premium increases for middle-class individuals with pre-existing conditions.
 
State officials said they are trying to press forward with the changes on their own without any action from Washington. The move will almost certainly be met with legal challenges by ACA proponents, as it has drastic implications on federal enforcement of individual market requirements.
read more »

Reminder: Lunch Business Meeting for TBA Health Law Section Members

Thursday, October 5 at 11:45 a.m. CDT

Reminder: Please make plans to join the TBA Health Law Section at their Annual Lunch Business Meeting and Election of Officers, to be held in conjunction with this year's 29th Annual Health Law Forum. The TBA Health Law Section Lunch Business Meeting will be held on Thursday, Oct. 5 at 11:45 a.m. CDT in the Embassy Suites Franklin. More information about the hotel can be found here.
 
Please note that you do not have to be registered for the Health Law Forum to attend the Section's lunch business meeting, but lunch will only be provided for TBA Health Law Section Members who respond that they will attend this luncheon.
 
RSVP to Jarod Word, TBA Sections and Committees Coordinator, if you would like to attend this lunch business meeting. Deadline for response is Monday, Oct. 2, 12 p.m. CDT.
 
When: Oct. 5, 11:45 a.m., CDT
 
Where: Embassy Suites Franklin, Atrium Room, 2820 Crescent Centre Drive, Franklin, Tennessee, 37067
 
We hope to see you there!
read more »

Lunch Business Meeting for TBA Health Law Section Members

Thursday, Oct. 5, 11:45 a.m. Central Daylight Time

Please make plans to join the TBA Health Law Section at their Annual Lunch Business Meeting and Election of Officers, to be held in conjunction with this year's 29th Annual Health Law Forum. The TBA Health Law Section Lunch Business Meeting will be held on Thursday, Oct. 5 at 11:45 a.m. Central Daylight Time in the Embassy Suites Franklin. More information about the hotel can be found here.
 
Please note that you do not have to be registered for the Health Law Forum to attend the Section's lunch business meeting, but lunch will only be provided for TBA Health Law Section Members who respond that they will attend this luncheon.
 
Please respond to Jarod Word, sections and committees coordinator if you would like to attend this lunch business meeting.
 

When: Oct. 5, 11:45 a.m., Central Daylight Time

Where: Embassy Suites Franklin, Atrium Room, 2820 Crescent Centre Drive, Franklin, Tennessee, 37067

 

We hope to see you there!


 

Please contact Jarod Wordsections and committees coordinator with any Legal Practice Tips or Section Connect ideas you feel will benefit other section members.

read more »

17th Annual Health Law Primer & 29th Annual Health Law Forum, October 4 - 6

The 17th Annual Health Law Primer, a TBA CLE offering four general credits, will be Oct. 4 at the Embassy Suites in Franklin. Designed for newer health law practitioners, this program provides a general health law overview and discussion of hot topics by experienced healthcare leaders. Sessions provide practical tips to identify and avoid the pitfalls of real life situations in the heavily regulated health care industry. This year’s program will address:
  • Overview of Fraud and Abuse Laws
  • Key Healthcare Issues in Transactions 
  • The Basics of HIPAA
  • Employment and Medical Staff Issues   
Now in its 17th year, this half-day introductory program will be held in conjunction with the 29th Annual Health Law Forum on October 5 and 6.
 
For your convenience, all materials will be made available online. Learn more and register here.
 

 
The 29th Annual Health Law Forum, a TBA CLE offering fifteen general credits, will be held Oct. 5 and 6 at the Embassy Suites in Franklin. Recognized as one of the premier health law programs in the country, this annual forum addresses key issues impacting our practice area. Sessions will provide insight from health law providers, practitioners, and regulators. A bonus feature this year will offer 2 alternative hours of online CLE. This will facilitate flexible planning for those who travel or have a scheduling conflict during one of the sessions. This year’s topics will focus on:
  • Updates on fraud and abuse developments
  • The status of health care reform
  • Challenges for rural providers
  • Legislative updates
  • Physician compensation
  • Fraud enforcement
  • Health care transactions
  • HIPAA updates
  • Ethics and much more
For your convenience, all materials will be made available online throughout this forum. Learn more and register here.
read more »