ABA Health eSource - Your link to the ABA's Health Law Section
September 2008 Volume 5 Number 1
Health Law Section News  September 3, 2008
Washington Healthcare Summit

September 17, 2008
What 401(k) Plan Fiduciaries Must Tell Participants About Their Investment Options:

(Teleconference & Live Audio Webcast)

September 18, 2008
Telemedicine & E-Prescribing: Evolving Ethical, Licensing & Reimbursement Rules & Realities

(Teleconference & Live Audio Webcast)

New BNA Products

September 25, 2008
HRAs and HSAs: The Basics and New Developments

(Teleconference & Live Audio Webcast)

November 17-18, 2008
Washington Healthcare Summit 2008

(Arlington, VA)

Interest Group Communication Highlights

Resources & News

Resources

A Practical Guide to Medicare Appeals

CDC Public Health Law News

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

 

Chair's Column
by Vickie Yates Brown, Frost Brown Todd LLC, Louisville, KY

In my inaugural column as the new chair of the ABA Health Law Section, I thought it would be helpful to members to set out in this column an overview of items the Council hopes to accomplish this coming year.

First, I want to recognize Andy Demetriou for the excellent job he has done as the immediate past chair of the Section. Andy accomplished many things, which included updating the Section's long term strategic plan; reviewing, revising and streamlining the Section Committees and processes; and building stronger relationships with the larger ABA. Again, I want to thank Andy for his accomplishments and his effort to effectuate a smooth transition -- all of which will make my job easier.

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New CMS Stark Regulations Tighten Referral Rules October 2008 Compliance Deadline for "Stand in the Shoes"
by Lawrence A. Manson and Leeanne R. Coons, Krieg DeVault LLP, Carmel, IN

New Stark Law regulations posted on July 31, 2008 by the Centers for Medicare and Medicaid Services ("CMS") revise and expand the prohibition on physician referrals for designated health services ("DHS") to entities with which they have financial relationships. Some of the new final rules will be effective on October 1, 2008, while implementation for other rules will be deferred until 2009. This short article will review the highlights of the new rules, which are scheduled to be published in the Federal Register on August 19, 2008.

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E-Health: Electronic Medical Records And E-Discovery In The Digital Age
by Robin K. Vinson, Smith, Anderson, Blount, Dorsett, Mitchell & Jernigan, LLP, Raleigh, NC

The advent of personal computers and electronically stored information (ESI) has produced both opportunity and challenge for today's healthcare providers. In a modern world dependent on automated processes, storing and transferring health information in a digital format creates speed and efficiency. At the same time, however, the dependence on ESI may result in frustrations and new liability risks for the unwary. Indeed, a paperless medical office may inundate even the brightest healthcare provider with mounds of information which is everywhere, yet nowhere, at the same time. As discussed in this article, effective electronic medical records management will allow healthcare professionals to succeed in a complex healthcare marketplace, while reducing waste and inefficiency.

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Physician Issues Interest Group

The Physician Issues Interest Group will focuses on issues relating to joint ventures, Stark Law and fraud and abuse, practice management arrangements, medical staff issues, medical malpractice insurance issues, credentialing issues, HIPAA, and other issues relevant to attorneys who represent physicians.

The IG is led by Co-Chairs Tom Curtis, Green & Furman, LLP, Pasadena, CA and William Hopkins, Brown McCarroll LLP, Austin, TX, and Vice-Chairs Charles M. Key, Wyatt Tarrant & Combs LLP, Memphis, TN; Paul A. Race, Southern University Law Center, Baton Rouge, LA and Sidney S. Welch, Arnall Golden Gregory LLP, Atlanta, GA

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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