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

The Health Law Section held its 10th anniversary Emerging Issues Conference (EMI) recently at the Disney Yacht Club Resort in Lake Buena Vista , Florida. EMI was an overwhelming success. It is important to recognize and thank the Health Law Section staff and planning committee for a job well done. Their hard work, dedication, and attention to detail made this event an enjoyable, productive experience for all.

As is the tradition, the current chair of the Section delivers a State of the Section address at the conference. The address began by recognizing the attendees who have attended all 10 of the EMI conferences. In addition, present and past Council members were recognized as well as the Section’s very capable staff and the winner of the law student writing competition, Lauren Nuffort. My State of the Section comments are set out below.

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Are Purchasing Pools the Answer to Small Employers' Health Insurance Needs?
By James M. Pool and Lauren C. DeMoss, Maynard, Cooper & Gale, P.C., Birmingham, AL

As the cost of health insurance continues to rise and small businesses struggle to maintain health insurance benefits for their employees, several states have explored ways to assist small employers with maintaining health insurance. One solution that has been contemplated and attempted by approximately twenty states (and perhaps by many private insurers) is the creation of purchasing pools. Although pooling health insurance risk is not a new idea (some states attempted pooling in the 1980s and 1990s), it is a concept that is resurfacing as both the federal and state governments grapple with healthcare reform. This article will provide an overview of purchasing pools and will provide examples of purchasing pools in a few states.

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Eli Lilly Pleads Guilty to Illegal Marketing of Zyprexa
By Marilyn Mann, U.S. Securities and Exchange Commission, Washington, DC

On January 15, 2009, the Department of Justice announce that Eli Lilly and Company (Lilly) had agreed to plead guilty and pay $1.415 billion for promoting its drug Zyprexa (olanzapine) for uses not approved by the Food and Drug Administration (FDA). This included a criminal fine of $515 million, the largest ever in a health care case, and the largest criminal fine for an individual corporation ever imposed in a U.S. criminal prosecution. The criminal information charged the company with promoting Zyprexa for such unapproved uses as treatment for dementia in elderly persons. In the plea agreement Lilly admitted its guilt to a misdemeanor criminal charge. It also entered into a civil settlement agreement under which it will pay up to an additional $800 million to the federal government and certain state governments to resolve civil allegations originally brought in four separate lawsuits under the qui tam provisions of the federal False Claims Act.

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Health Courts: The Effect of the Proposed Facelift to the Current United States Medical Malpractice System on the Defensive Practice of Medicine and Related Healthcare Costs
By Brian G. Santo, Duquesne University School of Law, University of Pittsburgh School of Public Health, Pittsburgh, PA

Increases in medical liability insurance costs pose a major concern to those interested in controlling overall healthcare spending. High insurance premiums are often built into providers’ fees, contributing to the overall cost of healthcare. Many commentators assert that insurance rates and overall healthcare spending cannot be controlled without basic reform of the current medical malpractice system. One reform measure proposes the implementation of “health courts,” an administrative compensation system for medical injury. The health courts model would utilize an administrative tribunal that would function outside the traditional judicial system, with specialized judges (rather than juries) awarding compensation in malpractice cases based on the finding of avoidability of injury, rather than the current negligence standard. The decisions set forth would then result in a body of legal precedent by which providers could refer to in making patient care decisions

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Healthcare Litigation & Risk Management Interest Group

The Healthcare Litigation and Risk Management Interest Group examines areas in healthcare related litigation and the continuum of liability control.

The IG is led by Chair Hilary Young, Joy & Young, LLP, Austin, TX and Vice-Chairs Bryan J. Davis, Bannerman & Williams, PA, Albuquerque, NM; Marlene Singer Garvis, Jardine Logan & O Brien PLLP, Lake Elmo, MN; R. Jeffrey Layne, Fulbright & Jaworski LLP, Austin , TX and John Howard McEniry IV, Haskell Slaughter Young & Rediker, LLC, Birmingham , AL.

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

ABA eSource Editorial Board

The ABA Health eSource Editorial Board is led by Chair Lisa Genecov, Locke Lord Bissell and Liddell LLP, Dallas, TX and editorial board members Michael E. Clark, Hamel Bowers & Clark LLP, Houston, TX; Adrienne Dresevic, Wachler & Associates, P.C., Royal Oak, MI; Marla Durben Hirsch, Potomac, MD and Conrad Meyer, Chaffe McCall, LLP, New Orleans, LA.