by Holly Hayes The February 2011 American Health Lawyers Association (AHLA) Connections magazine lists the “Top Ten Health Law Issues in a Reformed Healthcare System 2011.” Healthcare reform law passed in 2010 prompted the AHLA to change the focus of their annual “Top 10” article for 2011. Former “Top 10” issues amended by healthcare reform and some new topics that emerged by the passage of the legislation are included in this year’s list (details of each topic are listed here): 1. Constitutionality of the Individual Mandate – Peter Leibold, AHLA 2. Accountable Care Organizations – Bianca Bishop, AHLA 3. Fraud and Abuse and Program Integrity – Bianca Bishop, AHLA 4. Medicare Payment Modifications – Rebecca L. Burke, Powers Pyles Sutter and Verville PC 5. Medicare Physician Payment: The Sustainable Growth Rate Formula – Bianca Bishop, AHLA 6. Delivery System Reforms – Cynthia Conner, AHLA 7. Medical Loss Ratio Requirements – Arthur N. Lerner, Crowell & Moring LLP 8. Physician Employment – Cynthia Conner, AHLA 9. Insurance Reform and Medicaid Expansions – Katherine J. Hayes, Associate Research Professor, George Washington University, Department of Health Policy 10. EMR/HIT/HIPAA – Alan S. Goldberg, Attorney and Counsellor at Law Let us hear your thoughts on any of these topics. Technorati Tags: Healthcare, Mediation Holly Hayes is a mediator at Karl Bayer, Dispute Resolution Expert where she focuses on mediation of health care disputes. Holly holds a B.A. from Southern Methodist University and a Masters in Health Administration from Duke University. She can be reached at holly@karlbayer.com.

A bill seeking to establish a Texas Institute of Health Care Quality and Efficiency is currently before the Texas Legislature. Senate Bill 8 was authored by Senator Nelson and filed on February 16, 2011. It seeks “to improve health care quality, accountability, and cost containment in this state by encouraging health care provider collaboration, effective health care delivery models, and coordination of health care services.” The bill was referred to the Senate Health & Human Services Committee on February 17th. The full text of the bill is available here. You may monitor this and other bills as they move through the Texas Legislature here. Disputing’s own Holly Hayes has discussed the role of collaborative healthcare in healthcare conflict resolution and reform many times. You may read some of her more recent posts here, here, and here. Technorati Tags: Healthcare, Texas Legislation

James H. Stark, Professor of Law and Director of the Mediation Clinic at the University of Connecticut School of Law, and Douglas N. Frenkel, Morris M. Schuster Practice Professor of Law and Head of the Mediation Clinic at the University of Pennsylvania School of Law, recently examined empirical research findings on persuasion and its effect on mediation in Changing Minds: The Work of Mediators and Empirical Studies of Persuasion (February 17, 2011), U. of Penn Law School, Public Law Research Paper No. 11-07. Here is the abstract: The use of mediation has grown exponentially in recent years in courts, agencies, and community settings. Yet the field of mediation still operates to a considerable extent on folklore and opinion, rather than reliable knowledge. Mediator attempts at persuasion are pervasive in a wide variety of mediation contexts, yet “persuasion” is, for some, a pejorative word and a contested norm in the field. Perhaps as a result, there has been little, if any, evidence-based writing about what kinds of persuasive appeals might be effective in mediation, how they might operate, and how they might be experienced by disputants. In an effort to begin to fill that void, this article examines empirical research findings on persuasion from such diverse fields as advertising, public health, communications, politics and race relations. It focuses on studies of both indirect or behavioral approaches to persuasion (role reversal, apology, group brainstorming) and different types of direct persuasive appeals (questions vs. statements, more vs. less explicit statements, use of “negative” emotions such as fear and guilt, and sequential vs. straightforward requests for concessions). As almost none of the empirical work on persuasion has involved dispute resolution, the article raises questions about how these social science findings might apply to the work of mediators. Some of the research findings described in this article are unsurprising, while others may challenge common assumptions. Where the research appears at odds with conventional mediation wisdom, the authors discuss its potential implications for ongoing philosophical and skills-based debates in the field. Of particular note, the literature canvassed in this article may cast new light on old debates about facilitative versus evaluative mediation, and the importance of mediators having substantive, as well as process, expertise. The article may be downloaded here (without charge) from Social Science Research Network. We would love to hear your thoughts on the role of persuasion in mediation. Technorati Tags: ADR, law, mediation

As many of you know, the 82nd Texas Legislature is currently in full swing. The following notable bills affecting alternative dispute resolution in Texas were filed this session: Senate Bill 218, authored by Senator Nelson and referred to the Senate Committee on Jurisprudence, relates “to procedures in certain suits affecting the parent-child relationship and the operation of the child protective services and foster care systems.” The bill would affect mediated agreements in family law cases. The full text of the bill is available here. House Bill 911, authored by Representative Berman and referred to the House Judiciary & Civil Jurisprudence Committee, relates “to the application of foreign laws and foreign forum selection in this state.” The bill would affect the application of foreign laws and forum selection provisions in Texas arbitration agreements. You may read the full text of the bill here. House Bill 1240, authored by Representatives Zedler and Flynn, relates “to the application of foreign and international laws and doctrines in this state.” The bill would affect the application of foreign law during an arbitration held in Texas. It has not yet been referred to a Committee. The entire bill is available here. You may monitor bills as they move through the Texas Legislature here. Additionally, you may view individually filed House and Senate bills. The last day of the regular Texas legislative session will be Monday, May 30, 2011. Tags: Texas Legislation, law, ADR, arbitration