ABA Health Law Section

06/02/2026

Calling all New Members!

Interested in learning more about all your Health Law Section membership has to offer? Join HLS Leadership next Wednesday (6/10) for our New Member Orientation.

Register Now: https://www.americanbar.org/events-cle/mtg/web/456715134/

06/01/2026

In response to a recent eSource article on for-profit patient advocates, Malynnda Stewart, PhD, BCPA and Heidi Ku**er, MD, MPH, BCPA set out a distinction between different models of independent professional patient and health care advocacy. They assert that there are two primary models of for-profit patient advocacy that differ in their client relationships, compensation structures, scope of service, and ethical obligations; some independent advocates are retained directly by patients or families, and their primary obligation is exclusive loyalty to the patient or client they serve.

Read More:

A recent article in ABA Health eSource raises legitimate concerns about certain profit-driven models operating under the label of patient advocacy

05/29/2026

"There's a lot of people out there that'll help you." Mysty Blagg's biggest ABA Health Law Section lesson? Don't go it alone. Use your Health Law community and actively seek mentorship.

For those of you in the first three years of your Health Law Career, we're making it even easier. The deadline to apply for the new Health Law Section Mentorship program is June 1st so don't wait! Learn more: https://americanbar.qualtrics.com/jfe/form/SV_0JQKVbmHG3fw8J0

05/28/2026

In this article from the latest ABA Health eSource, Barry Cohen identifies the PE Paradox: the phenomenon whereby private equity capital simultaneously acquires and operates healthcare delivery systems. This action sometimes generates the staffing shortages, resource constraints, and quality compromises that give rise to malpractice claims—and invests in litigation funds that finance suits against those very providers. This paradox follows from how PE capital is currently deployed across healthcare delivery and litigation finance.

Read More:

Two capital markets are converging on the American healthcare system, and the attorneys structuring deals in both are largely unaware of the intersection.

05/21/2026

The gap between donor organ supply and demand goes beyond being a medical issue—understanding why these gaps exist requires an examination of the unique tensions at the center of the U.S. transplant system. Any law or policy governing organ donation must simultaneously honor individual consent and autonomy, ensure equitable allocation, optimize medical utility, safeguard public trust, and accommodate scientific innovation, all while being subject to intense public scrutiny. This Health Lawyer article by Brian A. Smith, JD, MPH of Trident Health Law provides a roadmap through the existing framework, the changes underway, and the practice areas where attorneys can expect to add the most value.

Read More:

Organ transplantation stands as one of medicine’s most consequential (and legally complex) achievements. A single deceased donor can save up to eight lives and improve the lives of many more.

05/21/2026

The Nominating Committee is pleased to announce the slate of candidates for Officers and Council members for FY 2027. This group includes Elizabeth L.B. Greene for Secretary, Jessica Gustafson for Vice Chair, W. Thomas Smith for Budget Officer Elect, and Greg Fliszar, Michelle Skipper and Chip Hutzler as Council Members-at-Large. We are so excited to welcome and welcome back another great group of leaders to help shape the future of the Health Law Section.

The election of Officers and Council will occur at the Section Business Meeting during the ABA Annual Meeting in Chicago on August 2, 2026.

05/21/2026

We are so excited to launch our new mentorship program! The goal of the ABA Health Law Section Mentoring Program is to connect lawyers beginning their health care practice (1-3 years health law experience) with seasoned health law professionals (10+ years health law experience).

Mentors in the program commit to a one-year engagement with their assigned mentee(s) and provide guidance on professional development, networking, and maximizing career opportunities. Whenever possible, mentees will be matched with mentors based on their practice area interests, work environment (law firm, in-house, government), or demographic preference.

The program will begin with a kickoff call for all mentors and mentees. If you are interested in participating in the ABA HLS Mentoring Program as either a mentor or a mentee, please complete the registration form below by June 1, 2026.

Mentors and Mentees must be ABA Health Law Section members to participate.

We can't wait to work with you!

Apply now: https://americanbar.qualtrics.com/jfe/form/SV_0JQKVbmHG3fw8J0

05/19/2026

While patient advocacy organizations have traditionally operated as non-profit entities in the healthcare space, private, for‑profit patient advocacy is on the rise. Although such advocates may still deliver real value to patients, the introduction of a profit motive undercuts the financial independence of the advocate and challenges the loyalty owed to patients. This new and growing model introduces significant risk into the relationship between patients, providers, and payors. This article, by Virginia Flynn, Chad Fuller and Nathan Marigoni from Troutman Pepper Locke LLP, looks at the origins of patient advocacy and the shift toward a profit-driven approach, explains the business models behind it, and highlights key risk areas that health plans should be prepared to navigate.

Read More:

Patient advocacy organizations have traditionally operated as non-profit entities in the healthcare space, supporting patients through the complexities of the healthcare system and serving as healthcare experts whose sole loyalty is to the patient.

05/15/2026

We’re now accepting programming proposals for the 24th Annual Washington Health Law Summit, taking place December 7-8, 2026, in Washington, D.C.

The Summit is a leading forum for healthcare lawyers to hear directly from government officials, industry leaders, and subject matter experts about the legal and regulatory developments shaping the healthcare sector.

The planning committee is particularly interested in practical, forward-looking proposals focused on emerging federal health policy, regulatory, reimbursement, and enforcement developments. Proposals may also address state issues where they directly relate to, or materially affect, federal policy implementation or national healthcare regulatory trends. The committee strongly encourages advanced and intermediate-level discussions rather than introductory “101” presentations.

We invite proposals from individuals with experience and insight into the issues impacting healthcare providers, systems, and the broader range of organizations that support or enable care delivery, including those in digital health, technology, and other key segments of the industry.

Learn More: https://americanbar.qualtrics.com/jfe/form/SV_4SziPeH7TsFHjq6

05/13/2026

Reimbursement reductions and new coverage rules for skin substitutes will collide with aggressive investigative activity, making this a critical moment for providers to self-assess. Internal audits and updated compliance protocols early can reduce the risk of recoupment and limit liability in civil or criminal investigations, which are increasingly common in this space. In this article by Andrew Hayes, David Schumacher, Sheryl Xavier, Barri Dean and Heather Romero from Hooper, Lundy & Bookman, P.C., learn more about the economics behind CMS’s policy change, the enforcement trends shaping provider risk, and the practical steps that organizations can adopt to mitigate risk.

Read More:

At the outset of 2026, wound care providers, and skin substitute treatments in particular, are under significant stress from the government on two fronts.