ABA Health eSource - Your link to the ABA's Health Law Section
SpacerJanuary 2008 Volume 4 Number 5
Health Law Section News  January 3, 2008
The 9th Annual Emerging Issues In Healthcare Law Conference

January 23, 2008
Health Care Facility Ethics Committees: New Issues in the Age of Transparency

(Teleconference & Live Audio Webcast)

January 24, 2008
Experts Guide to Employee Benefits Research

(Teleconference & Live Audio Webcast)

A Practical Guide to Medicare Appeals

February 7, 2008
Stark Law Basics

(Teleconference & Live Audio Webcast)

February 20-22, 2008
9th Annual Conference on Emerging Issues in Heatlhcare Law

(San Diego, CA)

Interest Group Communication Highlights

Resources & News

Resources

New Cumulative Supplements

CDC Public ' Law News

CDC Newsletter is a free electronic newsletter published weekly by the Centers for Disease Control and Prevention, Public ' Law Program

 

Chair's Column: Public Service
by Andrew J. Demetriou, Fulbright & Jaworski LLP, Los Angeles, CA

Happy New Year! I hope that all of you had a wonderful holiday season filled with friends, family and good times. This month I want to report on some activities of your Section that will benefit lawyers and the general public outside the Section. In addition to services to our members, the Section has historically undertaken public service initiatives, consistent with the overall goals of the ABA to provide access to legal services to all persons, to increase public understanding of the law and to preserve and enhance the ideals of the legal profession and its dedication to public service. In 2001, the Section adopted its first strategy on pro bono activities, and we set out aims as providing public service in a way that best uses the resources, expertise and reach of our membership. This means that we will address larger issues that affect lawyers and clients throughout the country. We are presently engaged in some very exciting endeavors and I would like to take a few paragraphs to better acquaint you with this important aspect of our Section's work.

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Stark II, Phase III - Same Old Shoes?
by Mark S. Hedberg and Matthew D. Jenkins, Hunton & Williams LLP, Richmond, VA

Any proper analysis of multi-tiered, multi-party financial relationships under the Stark Law and its three phases of implementing regulations commences with a sharp number 2 pencil and several sheets of blank paper for scratching out the various compensation arrangements requiring consideration. Some of us might use more than one colored pencil in an effort to keep it all straight. This past September, with the publication of the long-awaited Stark II, Phase III Final Rule, many observers thought the task of analyzing certain support relationships common to academic medical centers and integrated delivery systems would become increasingly problematic as of December 4, 2007 in the wake of efforts by the Centers for Medicare and Medicaid Services to close what was described as an "unintended loophole" that caused compensation arrangements between DHS entities and "physician organizations" to be viewed as "outside the application of the statute."

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“What Do You Mean Our Deal Is Illegal?!” Legal And Business Issues Related To The Unwind Of Physician-Focused Joint Ventures
by Roger D. Strode Jr., McDermott Will & Emery LLP, Chicago, IL and James M. Pinna, Hunton & Williams LLP, Richmond,VA

As the old adage goes: "What goes up must come down." In no segment of the healthcare industry does that appear to be more true than with respect to physician-focused joint ventures. The past 10 years has seen an exponential increase in such joint venture activity. And, almost overnight, we may all witness a precipitous drop in those partnerships owing, in significant part, to an overhaul of the regulatory scheme surrounding the relationships between and among physicians and the entities to which they refer. As a result, lawyers across the country find themselves spending increasing amounts of time counseling clients on the finer points of how to take apart, or change, their ventures.

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Business & Transactions Interest Group

The Business & Transactions Interest Group focuses on the art and the law of healthcare transactions and business operations.

The IG is led by Chair Lisa Genecov, Locke Lord Bissell & Liddell LLP, Dallas, TX and Vice Chairs Marcelo N. Corpuz III, Walgreens Health Services, Deerfield, IL; Anthony M. DiLeo, Anthony M. DiLeo, APC, New Orleans, LA; Matthew D. Jenkins, Hunton & Williams LLP, Richmond, VA; Jennifer L Rangel, Locke Liddell & Sapp LLP, Austin, TX and Roger Strode, McDermott Will & Emery LLP, Chicago, IL.

If you would like to join the Interest Group, continue by clicking the following link: Health Law Section IG Sign-up Form.


Do you want to communicate your ideas to thousands of other members through the wonders of cyberspace? To contribute a newsletter article on a health law topic, send us your ideas to Adam.Bielawski@americanbar.org

The opinions expressed are those of the authors and shall not be construed to represent the policies or positions of the ABA or the ABA Health Law Section.
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