Coming Up in the Next Issue of the Health Law Reporter

Monday, May 14, 2012

The Spring 2012 issue of the Health Law Reporter is in the works. Here is a sneak peak of the featured articles: 

  • As more patients lacking competency and having no advance directives are admitted to Massachusetts hospitals and long term care facilities, Massachusetts facilities and their legal counsels are struggling to manage an increased amount of cases that require judicial intervention through the guardianship process under the new Uniform Probate Code. In Guardianship Proceedings in Massachusetts Probate Courts for Health Care Facilities: The Not-so-Uniform Probate Code  a team of health lawyers and litigators, who regularly represent hospitals and long term care facilities in guardianship cases, highlight many uncertainties under the UPC and procedural variances among the Massachusetts Probate Courts, and discuss some possible solutions for facility initiated cases. 
  • Restoring Legal Immigrants’ State Health Insurance – The Finch Cases. Plaintiffs’ counsel provide a unique perspective on two successive decisions by the Supreme Judicial Court in the class action, Finch v. Commonwealth Health Insurance Connector Authority.  The Finch cases extended state constitutional protections to legal immigrants as a suspect class, and the SJC applied strict scrutiny to a state law that discriminated against legal immigrants by denying them access to state subsidized health care.  As a result of the Court’s decisions, the challenged law was held unconstitutional and tens of thousands of low income, legal immigrants have had their health insurance coverage restored.   
  • In an upcoming issue of the Health Law Reporter, two law students summarize the nearly yearlong efforts of fourteen local law students to craft arguments to aid the Court in its resolution of the Affordable Care Act cases. The students participated in a unique class at BU Law, developed and supervised by Kevin Outterson and Abigail Moncrieff. The Article begins by sketching the basic structure of the ACA and describing the procedural history of the litigation. It then explores the law students’ efforts to craft arguments defending the Affordable Care Act, including its historic expansion of Medicaid. 
  • The Health Law Reporter will also feature two interviews.  Daniel Orenstein, the General Counsel at athenahealth, Inc., sat down with Julia Hesse to discuss the process behind athenahealth's recent favorable OIG Advisory Opinion.  We also will feature Phillip Rakhunov's Policymaker Profile of Áron Boras, Commissioner of the Division of Health Care Finance and Policy. 
  • Massachusetts health reform: where has it succeeded and will it continue to lead the national trend?  In the next issue of the Health Law Reporter, you can learn Governor Deval Patrick's opinions on these issues.  In an Op-Ed, Governor Patrick discusses Massachusetts health care -- past, preset and future.  An article not to be missed!