Media Mentions
2012
“Building Connections on the Care Continuum”
Health Data Management, February 2012
Bernadette Broccolo said that many state privacy laws will make it difficult for accountable care organizations (ACOs) to share electronic health records and other patient information. “A key to the ACO will be the ability to aggregate, share and analyze data,” Ms. Broccolo stated. “The legal and I.T. issues are intertwined. The legal requirements are complex.”
Bernadette M. Broccolo, Accountable Care Organization Resource Center, Health
2011
“Under Pressure”
Modern Healthcare, September 5, 2011
Bernadette Broccolo said that some hospitals are resisting the use of web-based “cloud computing” data storage services for a number of reasons, especially the risk that such services will not meet data privacy requirements. Healthcare providers, she noted, “have additional risks and liability exposures tied to the accuracy, completeness, timeliness and overall integrity of the information because it relates to patient care.” Ms. Broccolo added that such resistance may dissipate as more large hospitals and health systems adopt cloud computing.
Bernadette M. Broccolo, Health
“Accountable Care Organization Model Will Require Health IT Infrastructure, Experts Say”
BNA Health IT Law & Industry Report, April 12, 2011
Bernadette Broccolo said that health care providers transitioning to Accountable Care Organizations will not be able to meet any of the necessary requirements “without the right HIT [health information technology] infrastructure and strategy.” Ms. Broccolo singled out cloud computing platforms as one cost- and time-effective solution for integrating systems and electronic health records.
Bernadette M. Broccolo, Accountable Care Organization Resource Center, Health
2010
“Illinois Attorneys Examining State Laws, Rules for Legal Barriers to Statewide HIE”
BNA Health IT Law & Industry Report, December 6, 2010
Bernadette Broccolo said that where state laws require patient consent for electronic health information exchange (HIE), there is still a question of whether consent should be opt-in or opt-out. “The real concern with opt-in is patients will be reluctant and nervous, even with good protection, and we’ll end up with incomplete information for treatment purposes and incomplete information that’s too sparse to be statistically significant for research.” Ms. Broccolo added that the Illinois HIE task force she co-chairs will look at state and federal laws that protect health information privacy “in a way that harmonizes the laws and creates some consistency.”
Bernadette M. Broccolo, Electronic Data Management, Privacy & Discovery, Health, Health Care Law Reform, Health Information Privacy, HIPAA
“Lawyer Heads State Task Force on Health Data”
Chicago Daily Law Bulletin, November 29, 2010
Bernadette Broccolo, co-chair of the Illinois Legal Task Force on Health Information Exchange, explained that federal law is pushing an “aggressive move toward electronic exchange of health information,” and her task force will determine how to make such an exchange possible in light of patient privacy laws. Ms. Broccolo said persons with privacy concerns represent “competing interests” with others who assert they are “tired of giving … information several times within the same health system, within the same community.”
Bernadette M. Broccolo, Health, Health Care Law Reform, Health Information Privacy
2009
Bernadette Broccolo discussed conflict of interest (COI) concerns for university technology transfer offices (TTOs) in the September 2009 issue of Technology Transfer Tactics. She noted that, particularly in medical research, TTOs must integrate with university compliance officers to ensure that there is no appearance of financial conflicts from consulting arrangements, research grants, company interests, reimbursement, and similar issues. These are "looked at individually and in the aggregate" by regulators, industry associations and the media, Ms. Broccolo stated, "particularly when you're talking about several relationships in the same entity." COI concerns arising from any financial relationship are "variations on a common theme," she added, and COI programs "should not stop with reporting, as so many have done in practice," but instead should actively identify potential problems and monitor compliance throughout the life of a project.Bernadette M. Broccolo, Conflicts of Interest - Health, Health
Bernadette Broccolo was quoted in the July 6 issue of Modern Healthcare regarding the assertion by new IRS commissioner Sarah Hall Ingram that the IRS will more closely scrutinize governance practices of not-for-profit hospitals to ensure that they do not abuse their tax exemption. Noting that Ingram is building on the policies of her predecessor in pursuing once-controversial governance oversight, Ms. Broccolo said of the IRS: “They are going forth with confidence in that position. We’re not going to see a reversion to circumspection.”
Bernadette M. Broccolo, Health, Nonprofit Organizations, Tax Exemption
Michael Anthony told Lab Law Weekly (July 3) that the newest rankings for McDermott in Chambers USA, “particularly our position as the only Band 1 health care practice in Illinois, are a great honor.” He noted that because the Chambers researchers in part base their rankings on client feedback, “these results indicate that our dedication to legal excellence and industry knowledge is having a direct, positive impact on those we serve.” McDermott Illinois health law lawyers receiving Band 1 individual rankings, in addition to Mr. Anthony, are Bernadette Broccolo and Michael Peregrine. Ralph DeJong received “well regarded” recognition, while Kerrin Slattery was identified as “up and coming.”
Michael F. Anthony, Bernadette M. Broccolo, Ralph E. DeJong, Michael W. Peregrine, Kerrin B. Slattery, Health
Bernadette Broccolo discussed for Medical Research Law & Policy Report (June 9) a proposal by the National Institutes of Health to expand its management and oversight of conflict-of-interest policies for its grantees. Ms. Broccolo said that the proposal would identify conflict of interest by asking questions that “are very thorough and reflective of all the key considerations that have become part of the guidance we’ve been receiving from nongovernmental sources. And that’s important – very important....because the law has been perhaps at best a minimum standard.” Ms. Broccolo cited such points as the proposal’s focus on institutional conflicts of interest to demonstrate that it is “a really good effort to strike a balance between bringing things up to date but not being too prescriptive and recognizing that organizations need to have … flexibility for judgment.”
Bernadette M. Broccolo, Conflicts of Interest - Health, Health
Bernadette Broccolo commented for BioWorld Today on an agreement between President Obama and a coalition of industry, insurance, health care and labor leaders to cut health care costs by $2 trillion over 10 years. "The failure of health care reform in the past was all of these constituencies taking a siloed, self-interest approach," she stated. Ms. Broccolo said that many details have to be worked out on such key issues as health IT and comparative effectiveness research, adding, "the devil is in the details." But she also noted that the agreement is evidence that the President has been able to "break the log jam" that has impeded health reform in the past.
Bernadette M. Broccolo, Health
Bernadette Broccolo told Business Week (May 12) that the agreement between President Obama and major health care sector players to cut health care costs by $2 trillion "is very significant. It shows a dimension to the reform effort that no prior Administration was able to achieve. Ms. Broccolo said the importance of the agreement reflected the fact that "every one of the key constituencies is on the record. We all have a cynical side, but I think there is a real difference time in how serious all sides are."
Bernadette M. Broccolo, Health
Bernadette Broccolo was quoted in an April 27 Modern Healthcare story about a healthcare communication systems company that formed an advisory board of seven nurse executives from hospitals that use the company's products. Ms. Broccolo believes that the advisors could still ethically discuss the company's products at their hospitals, but that they should disclose their advisory relationships and refrain from voting on product decisions to avoid any impression of bias. "What everyone is clamoring for first and foremost is . . . that any kind of participation in advisory groups of these kind[s] be made in the sunshine," she stated.
Bernadette M. Broccolo, Conflicts of Interest - Health, Health
2008
Bernadette Broccolo was quoted in the September 8 issue of The National Law Journal regarding McDermott's relationship with the medical device trade group, Advanced Medical Technology Association (AdvaMed). "The seminars are technically AdvaMed's, but the relationship gives the firm exposure to the hundreds of device companies, large, medium and small, that are members of AdvaMed," said Ms. Broccolo.
Bernadette M. Broccolo, Health, Life Sciences & Medical Products, Life Sciences - Health
Bernadette Broccolo was quoted in the January 2008 issue of Briefings on HIPAA in an article regarding difficulties in trying to keep patient information private while conducting medical research. "The needs of the researchers will never be seen by regulators as greater than the privacy needs of the patients. However, obtaining patient authorization can be difficult and often impossible, especially when researchers need to access historical data from a large number of individuals and those individuals do not need a study for their own clinical care," said Ms. Broccolo.
Bernadette M. Broccolo, Health
2007
Bernadette M. Broccolo was quoted in the June 4 issue of Modern Healthcare in the cover story regarding how the IRS’ updated reporting rules for tax-exempt organizations could require full disclosure on community benefits and charity care. Revisions to Form 990 that boost data collection and public access could head off congressional action. “The legislative process would most likely take a lot more time for the kind of reforms (Baucus and Grassley are) looking for,” Ms. Broccolo said.
Bernadette M. Broccolo, Health, Tax Exemption
McDermott Will & Emery was mentioned in the April 26 issue of the Pittsburgh Post-Gazette as the firm that is advising the University of Pittsburgh Medical Center on the development of "best-in-class" policies and processes for monitoring and managing individual and institutional conflicts of interest. Bernadette Broccolo is leading the client team on this matter.
Bernadette M. Broccolo, Health, Health - General Counsel
Bernadette Broccolo was quoted in BNA’S Health Law Reporter in an article regarding an IRS directive that was issued stating that exempt hospitals might enter into certain arrangements with physicians to help facilitate their adoption of electronic health record technologies without violating federal tax laws. “While CMS’s regulations permitted hospitals to subsidize up to 85 percent of these HER system costs, it had been an open question as to whether IRS would embrace the same percentage given its exempt hospital and private inurement oversight perspective. That questions has now been answered,” Ms. Broccolo said.
Bernadette M. Broccolo, Health, Life Sciences & Medical Products Litigation, Life Sciences - Health, Tax Exemption
2006
Stephen Bernstein and Bernadette Broccolo were quoted in the August 24 issue of BNA's Health Law Reporter. Ms. Broccolo commented, "I'm not sure the government entirely realizes how big a task it's taken on for itself, but I do applaud the meaningful progress these regulations represent." Mr. Bernstein described the hurdles to implementing the 15 percent cost-sharing provision in the electronic health records exception. "There may be things hospital donors want to pay for and there may be things that they don't. There also may be things they are precluded from paying for that are still rolled into the package," he said.
Stephen W. Bernstein, Bernadette M. Broccolo, Health
2005
Bernadette Broccolo was quoted in the June 27 issue of Modern Healthcare in the article "A Higher Standard" regarding the latest report from the Panel on the Nonprofit Sector that included 120 proposals for improving accountability and transparency for all not-for-profits. "I'm not a betting person, but my instinct tells me that we're going to get reform," Ms. Broccolo said. "And that reform will draw on the panel's proposals for ideas. The IRS has already outlined steps not-for-profits can take to show that their governing boards diligently sought out and evaluated appropriate salary data. If a full board or an authorized committee, none of which have a conflict of interest, approved compensation in advance; used comparable compensation data to arrive at an offer; and documented the rationale for a decision as it's being made, then the responsible board members have established a rebuttable presumption."
Bernadette M. Broccolo, Health, Tax Exemption
2004
Bernadette Broccolo was quoted in BNA's Daily Tax Report on August 11 regarding the new IRS enforcement effort to stop abuses by groups that award excessive compensation and benefits to officers and insiders. Ms. Broccolo said she will advise her clients that they should be doing internal reviews of compensation to look at things like rebuttable presumption procedures and how they are reporting compensation on Form 990. She noted that organizations should make sure there is ample comparability data and that the body that decides compensation is independent.
Bernadette M. Broccolo, Health, Tax, Tax Exemption
Bernadette Broccolo illustrated how the IRS Revenue ruling 2004-51 adds to existing guidelines for joint ventures between exempt and for-profit entities in the May 7 edition of BNA Daily Tax Reporter. She noted that "it complements Rev. Rul. 98-15 by setting forth facts and circumstances the IRS will consider in deciding how to characterize an ancillary joint venture with shared control."
