Chair's ColumnWe of the Health Law Section are privileged to be a part of the American Bar Association, the world’s largest professional association—with over 400,000 members. Membership includes everyone from young attorneys, senior counsels, in-house counsel, government lawyers, solo practitioners, large firm attorneys, law students and associates. It is not surprising that the ABA is complex and hard to understand. But its very complexity and depth of experience is its strength, and the strength of the Health Law Section is in its relationship to the ABA.
by Jill C. Peña, Director, ABA Health Law Section, Chicago, IL
Bioethics Testimony in Adjudication: Established ReliabilityAttorneys have begun to use bioethics testimony in a variety of health law cases, and will need to understand how the reliability of such testimony can be established and challenged. Thirty years ago, bioethics testimony was used almost exclusively in end-of-life medical treatment cases. Today, it is used in toxic torts, actions against managed care plans and pharmaceutical companies, and even in criminal cases against physicians who prescribe for pain management. Three challenges in establishing the reliability of such testimony under Daubert, Kumho Tire and progeny are highlighted below.
by Bethany Spielman, Southern Illinois University School of Medicine, Southern Illinois University School of Law, Springfield, IL
An Update: Physicians Training Residents In Non Hospital SettingsSpurred by recently enacted Medicare Prescription Drug, Improvement and Modernization Act of 2003 [MMA provisions (Section 713)], an OIG report entitled, “Alternative Medicare Payment Methodologies For The Costs of Training Residents in Non Hospital Settings” ( “OIG Report”), issued in December 2004, and the April 8, 2005 release by the Center for Medicare and Medicaid Services (“CMS”) of the “Medicare Policy Qualifications on Graduate Medical Education Payments for Residents Training in Non-Hospital Settings” ( “PQ”), training in non-hospital settings has become a “hot topic.” This article addresses why this has become a troublesome area and offers guidance for avoiding unnecessary issues.
by J. Mark Waxman, Foley & Lardner LLP, Boston, MA
Interest Group Spotlight
Medical Research, Biotechnology, and Clinical Ethics
The Medical Research, Biotechnology, and Clinical Ethics Interest Group focuses on legal and ethical issues related to medical research, biotechnology, and clinical practice. The Interest Group provides educational programs on timely topics, and members are encouraged to identify topics for programs and publications. The Interest Group will seek to serve as a resource to the Health Law Section as new legal and ethical issues in healthcare research, development, and delivery arise.
The IG is led by Chair J. Mark Waxman, Foley & Lardner LLP, Boston, MA and Vice Chairs Wendy Baldwin, University of Kentucky, Lexington, KY; Robert Charrow, Greenberg Traurig, Washington, DC; LaDale K. George, Foley & Lardner, Chicago, IL; and Jeffrey Hammond, Waller Lansden Dortch & Davis PLLC, Nashville, TN
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