1. CMS ISSUES PROPOSED REGULATIONS FOR IMPLEMENTATION OF THE MEDICARE DRUG BENEFIT AND MEDICARE ADVANTAGE PROGRAM — The Centers for Medicare and Medicaid Services (CMS) announced two proposed regulations mandated by the Medicare Modernization Act. One rule describes the structure for the voluntary prescription drug benefit, while the other rule outlines the new Medicare Advantage program with its regional preferred provider organizations. The rules will be published in the August 3 Federal Register. CMS will use public meetings and comments on the regulations to ensure effective implementation of the prescription drug benefit and the updated Medicare managed care program. Comments to the proposed rules may be submitted electronically at http://www.cms.hhs.gov/regulations/ecomments. Reporter, Toby Boenig, Houston, 713-758-3471 or mailto:tboenig@velaw.com.
2. PROVIDING NONEMERGENCY PUBLIC HEALTH SERVICES TO UNDOCUMENTED PERSONS — Texas Attorney General Abbott has issued an opinion concluding that section 285.201 of the Texas Health and Safety Code permits, but does not require, a hospital district to provide nonemergency public health services to undocumented aliens. The opinion was written in response to a request from Senator Jane Nelson to clarify the effect of section 285.201, which was recently enacted as part of the 78th legislative session and took effect on September 1, 2003. Federal law prohibits an undocumented alien from receiving nonemergency public health services unless a State law provides for such an exception. Such an exception was created when Section 285.201 was enacted and affirmatively established eligibility for nonemergency public health benefits for undocumented aliens provided that only local funds could be utilized to provide the benefits. Senator Nelson requested the ruling because there had been confusion over whether the provision required, or merely permitted, hospital districts to provide such services. The opinion makes clear that a hospital district may, but is not required, to provide nonemergency public health services to undocumented persons. The Attorney General's opinion can be viewed at: http://www.oag.state.tx.us/opinions/op50abbott/ga-0219.htm. Reporter, Kimberly Frost, Austin, 512-542-8634 or mailto:kfrost@velaw.com.
3. SAVE THE DATE-SEMINAR ON CHARGES TO THE UNINSURED — Vinson & Elkins will be hosting a lunch seminar on Tuesday, August 24, 2004 in our Houston office. The program will be broadcast via videoconference in each of our national offices: Austin, Dallas, Washington and New York. V&E; lawyers will discuss the legal implications of the recently filed class action lawsuits alleging that nonprofit hospitals failed to fulfill their legal obligations to provide government required charity care to indigent and uninsured patients by implementing discriminatory pricing to such patients. E-mail invitations with more information on topics, speakers, and a link to online registration will be sent very soon. If you have any questions, please contact Susan White at 713-758-2756 or mailto:sdwhite@velaw.com.
To view this week's Health Briefs (a listing of Federal and Texas regulations affecting health care), visit our website at http://www.velaw.com/pdf/resources/HB073004.pdf. 
For more information about Vinson & Elkins' HIPAA Consortium, please contact Brenda Strama at 512-542-8544 or mailto:bstrama@velaw.com.
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Editor: J.D. Epstein mailto:jepstein@velaw.com
Issue Editor: Scott McBride mailto:smcbride@velaw.com
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