News & Events

HEALTH LAW

• David E. Daniels, D&P's Managing Partner and Chair of its Health Law Group, recently authored an Article, in the September 2011 issue of Managing Health Today entitled: Possible Impact of the Medicare Shared Savings Program on Physician Practice Consolidations (click here to read article). The Medicare Shared Savings Program (“MSSP”) is a value based purchasing program which provides for payments to providers who save money for the Medicare system, while also improving patient clinical outcomes and quality of care. The MSSP is slated to be implemented on or about July 1, 2012. On March 31, 2011, the Center for Medicare and Medicaid Services (“CMS”) issued a proposed rule to implement the program... (Click here to download Managing Health Today Volume 16 Issue 2.)

• David E. Daniels, D&P's Managing Partner and Chair of its Health Law Group, recently authored an Article, in the June 2011 issue of Managing Health Today entitled: A Fresh Look at Group Practices Without Walls (click here to read article). This Article provides a detailed overview of the legal issues arising when physicians seek to establish and implement a physician group practice "without walls". It analyzes such arrangements under the federal Physician Self Referral Law (a/k/a the Stark Law) and federal and state antitrust laws. Mr. Daniels also describes the potential impact that the Patient Protection and Affordable Care Act of 2010, 42 USC Section 1899 ("PPACA") may have on such arrangements and on physician practice consolidation in general..(Click here to download the Article.)

• David E. Daniels, D&P's Managing Partner and Chair of its Health Law Group, recently authored an Article, to be published in the next issue of Managing Health Today entitled: Double Header: A Fresh Look at Group Practices Without Walls and the Impact of the Patient Protection and Affordable Care Act on Physician Practice Consolidation (click here to read article). This Article provides a detailed overview of the legal issues arising when physicians seek to establish and implement a physician group practice "without walls". It analyzes such arrangements under the federal Physician Self Referral Law (a/k/a the Stark Law) and federal and state antitrust laws. Mr. Daniels also describes the potential impact that the Patient Protection and Affordable Care Act of 2010, 42 USC Section 1899 ("PPACA") may have on such arrangements and on physician practice consolidation in general..(Click here for Mr. Daniels’ power point on physician practice consolidations.)

• David E. Daniels Participates in New York State Bar Association Health Law Program. On May 3, 2010, Dave Daniels, D&P's Managing Partner was a featured speaker at a webinar sponsored by the New York State Bar Association Health Law Section Committee on Fraud, Abuse and Compliance on Basic Health Law for the Non-Health Lawyer (click here for the power point presentation). This webinar focused on legal issues faced by health care providers, including the federal anti-kickback statute, the federal Stark Law's prohibitions against self referrals, accountable care organizations and other issues arising under the 2010 Patient Protection and Affordable Care Act and NYS prohibitions against fee splitting and corporate practice of medicine. The Program Materials for this webinar were prepared by Mr. Daniels and can be found by clicking on the links below.
  NYSBA Video recording
  NYSBA Audio recording
  The full program, including audio, can also be accessed via the New York State Bar Association website(click here)

• David E. Daniels, D&P's Managing Partner and Chair of D&P’s Health Law Group and Jineen Cuddy Espinosa, Esq. recently authored an Article "Life After Under Arrangements" which was posted in the Bloomberg Law Reports Health Law Vol.3 No.6". This article discusses the fact that the Centers for Medicare and Medicaid Services (CMS) recently sounded the death knell for many “under arrangement" joint ventures. It also highlights related regulatory changes under the anti-self referral statute (commonly known as the “Stark Law”).(Click here to read this Article)
  

• David E. Daniels, Esq. gave presentation at an HFMA seminar on "Co-Management Arrangements" on August 2nd, 2010 (Click here to read this Article).
  

• At an HFMA seminar on October 29th, 2009 on "Physician Alignment Strategies” David E. Daniels gave a presentation on "Physician Practice Acquisitions Legal Nuts and Bolts" (Click here for his powerpoint)
  

• "Systemness 101" David E. Daniels, Esq., talks about best practices and strategies for hospital and physician integration on May 24th, 2007 at the Renissance Hotel in White Plains, NY.
  
  Topics included:

  • Pay for Performance ("P4P")
  • Gainsharing
  • "Virtual" Group Practice Models
  
  

  The recently enacted Medicare Shared Savings Program is modeled in a number of respects upon the pay for performance and gain sharing arrangements discussed by Mr. Daniels in this program. Also, in enacting PPACA, Congress clearly recognized the importance of Systemness and Clinical Integration in improving patient outcomes.
  (Click Here to listen to this Program).
  (Click Here to view Mr. Daniels’ Program Materials and Power Point Presentation).
  

• D&P article on "The Berger Commision: Perils and Opportunities" appears in the March 2007 issue of Managing Health Today (Click here to read this Article).
  
  

• D&P article on "The Under Arrangements Relationship" appears in the September 2006 issue of Managing Health Today(Click here to read this Article).
  
  

• Daniels and Porco, LLP attorneys participated in HFMA-sponsored seminar on Healthcare Integration on September 14, 2006 in Fishkill, NY. At this program, David E. Daniels, Managing Partner and Chair of the Firm’s Health Law Group, gave a presentation on strategies for successfully integrating hospitals and physician groups, including a discussion of various models used to effect such integration and associated regulatory and compliance issues under the Stark law, the Anti-kickback statute, the Internal Revenue Code and the Civil Monetary Penalties Statute. .(Click here for Program Materials)

• Daniels and Porco, LLP takes part in a Healthcare Integration seminar at Stamford Hospital. Dave Daniels was a featured speaker at a seminar hosted by Stamford Hospital in Stamford, Connecticut. The topic was Physician Healthcare Integration- Why You Need It. Mr. Daniels discussed how to forge mutually beneficial and legally compliant relationships between physicians and hospitals. Statutory areas covered included the Anti-Self Referral State (also known as the Stark Law), the federal Anti-kickback Statute and IRS rules on excess benefit transactions. He also discussed a wide array of hospital/physician transactions ranging from medical directorships to managed services organizations to physician practice acquisitions. (Click here for Program Materials)

• D&P article on Section 1011 of the MMA (Medicare Modernization Act of 2003) appears in the June 2006 issue of Managing Health Today.(Click here for Program Materials)

ESTATE PLANNING

• "New Power of Attorney Law Makes Revocation Easier, But Maybe Too Easy"
  by Ian S. MacDonald, Esq.
  Appeared in The Pawling Press Volume I Issue 52
  New Power of Attorney Law Makes Revocation Easier
  On September 1, 2009, a new law went into effect which significantly changed the rules which govern powers of attorney. The new law has been heavily criticized by attorneys for creating unnecessary confusion for what used to be a simple document to execute.

• "Conversion of IRA's"
  by Ian S. MacDonald, Esq.
  Appeared in The Pawling Press Volume I Issue 50
  To Convert or Not to Convert: Independent Retirement Accounts
  When Roth IRA’s were introduced in 1997, they provided an alternative to the Traditional IRA for retirement savings. With Traditional IRA’s, the amounts contributed to the account are tax deductible in the year of the contribution and income tax is only paid on the distributions from the account after retirement. Contributions to Roth IRA’s, on the other hand, are not tax deductible but all income earned on the funds in the account and all distributions taken after retirement are tax free. Roth IRA’s also do not have minimum distribution requirements.

• "Disappearing Act"
  by Ian S. MacDonald, Esq.
  Appeared in The Pawling Press Volume I Issue 46
  Disappearing Act: The Federal Estate Tax in 2010
  If you find the federal income tax rules in this country confusing, you will fare no better with the estate tax rules. The Federal Estate Tax, which until the end of 2009 was only applicable to estates with a gross value of more than $3.5 million, temporarily disappears on January 1, 2010, but then amazingly, returns in 2011—and with some significant changes.