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Fraud and Abuse Keeps the Top Spot in Ranking of 2007 Health Law Issues, says BNA Survey of Top Health Law Attorneys

NEWS RELEASE

Contacts:
Karen James Cody,
BNA - Press Contact

Washington, DC (January 5, 2007) – Fraud and abuse ranks at the top of the list of health law issues for the second year in a row, according to an informal survey of health law attorneys by BNA's Health Law Reporter ™ (HLR). The panel, whose predictions appear in an annual year-ahead outlook report published every January, was asked to rank the top 10 key legal issues for the health care industry in the year ahead.

Fraud and abuse is the issue health lawyers work with most of the time, according to the survey group, composed of 27 HLR editorial advisory board members. This is in large part because compliance issues are so interrelated that solutions to comply in one area can well have implications for several others.

Health information technology and taxation placed second and third in the ranking for 2007, followed by Medicare, quality of care, antitrust, Medicaid, labor and employment, health plan regulation, and corporate governance. Three ‘honorable mentions' were awarded this year – to issues surrounding medical staff, coverage of the uninsured, and professional liability.

In the area of fraud an abuse, attorneys specializing in the Stark self-referral and Medicare/Medicaid anti-kickback laws, for example, find themselves assisting in the development and implementation of sales and marketing compliance programs for pharmaceutical, biotechnology and device companies, or defending drug and device manufacturers subject to whilstleblower actions under the civil False Claims Act. Those specializing in reimbursement matters are adding clinical trials and Medicare Part D prescription billing to their compliance.

Specialists in FDA regulation find themselves addressing the appropriate classification of emerging biotechnology products, survey respondents said. Transaction specialists are assisting in negotiating and structuring strategic joint ventures between and among life sciences companies, academic medical centers and community and regional hospitals, and private funding sources; and health care attorneys with venture capital and hedge fund expertise are helping clients identify and deal with emerging technologies. Thus, as this highly regulated industry evolves, many who have been practicing in the health care field for some time are having to morph into new “experts.”

Press copies of the full report are available to working journalists. Call (202) 452-4169 or send an email to: presscontact@bna.com.

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BNA is a leading publisher of print and electronic news and information products for professionals in business and government. BNA produces more than 300 news and information services, including the highly respected Daily Report for Executives, Health Care Policy Report, Pharmaceutical Law & Industry Report, Medical Research Law & Policy Report, and Health Law Reporter.