Health eConnect - Your link to the ABA's Health Law Section
 April 2005 Volume 1 Number 8
News  April 6, 2005

April 7, 2005
Application of Antitrust Law in the Healthcare Industry
[ Register]

(Teleconference & Live Audio Webcast)

April 21-22, 2005
Presenting Psychological and Neuropsychological Evidence in Personal Injury and Medical Malpractice Cases
[ Register]

(National Institute - Chicago, IL)

April 27, 2005
St. David’s: The Inside Story
[ Register]

(Teleconference & Live Audio Webcast)


May 11, 2005
Malpractice Prevention Primer: When bad things happen to good lawyers
[ Register]

(Teleconference & Live Audio Webcast)

May 12, 2005
Legal Issues with Physician Relationships

(Teleconference & Live Audio Webcast)

May 12-13, 2005
Antitrust Healthcare Conference
[ Register]

(Washington, DC)

May 18-20, 2005
Health Care Fraud 2005
[ Register]

(National Institute - Palm Springs, CA)

June 16 , 2005
Ethics for the Healthcare Attorneys

(Teleconference & Live Audio Webcast)

June 17, 2005
Physician-Legal Issues Conference

(Chicago, IL)

August 4-9, 2005
ABA Annual Meeting

(Chicago, IL)

October 20-21, 2005
3rd Annual Washington Healthcare Summit

(Washington, DC)

Interest Group Communication Highlights for February

Department of Health & Human Services

Other Resources


HIPAA: A Practical Guide to the Privacy and Security of Health Data

HIPAA: A Practical Guide to the Privacy and Security of Health Data by June M. Sullivan

The Section is pleased to announce that HIPAA: A Practical and Security of Health Data has been named one of the ABA's top sellers!

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 J.A. (Tony) Patterson, Jr., Fulbright & Jaworski, L.L.P., Dallas, TX

Like many, if not all, of you, I have been deeply affected and troubled by the national furor over the Terri Schiavo situation. I have had very mixed emotions as the various constituencies have come forward to weigh in on the tragedy. Religious, moral, ethical and legal/constitutional forces converge in a frightening array. This could be called the “perfect storm” of the right to die—or live—dilemma.

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SEC`S "Titan Report" Raises The Stakes For Disclosure Of Government Investigations
by William W. Horton, Haskell Slaughter Young & Rediker, LLC, Birmingham, AL

The healthcare industry is, and likely will continue to be, characterized by the pervasive presence of government investigations. Many of these investigations are commenced, and continue for months and even years, under the seal of the False Claims Act, so that the specifics of the alleged objectionable conduct may remain somewhat murky even to the organization being investigated. This in turn leads to legal conundrums for publicly traded healthcare companies seeking to fulfill their duties of disclosure under the federal securities laws. A recent pronouncement by the SEC has introduced a new wrinkle into the already complex disclosure analysis that arises for issuers under government investigation.

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Purchaser Or Provider?
A Review Of A Current Compliance Issue For Physicians

by Jennifer A. McDaniel, Fulbright & Jaworski L.L.P.

Healthcare suppliers and their attorneys must have at least a general understanding of the legal restrictions governing physician self-referrals and billing rules. Armed with this knowledge, physician clients and other healthcare suppliers don't often propose business structures that conflict with the federal restriction on physician self-referrals, i.e., the Stark Law, and similar state restrictions. Physicians continue, however, to look for alternative business structures that provide an opportunity to increase revenue. For example, an increasingly common strategy is to seek to capture reimbursement for the technical component of diagnostic tests. Private healthcare services companies and equipment leasing companies interested in securing expanded revenue streams are actively exploring opportunities to partner with physicians and other healthcare suppliers by creating arrangements that are intended to allow physicians to capture a portion of this technical service revenue. In our experience, physicians have been increasingly approached to “lease scans,” or enter into “time-share” arrangements with diagnostic facilities as a way to boost their revenue.

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Overview of Charity Care Requirements
Imposed Upon Nonprofit Hospitals

by David M. Flynn, Duane Morris L.L.P., Philadelphia, PA

Nonprofit, tax-exempt hospitals have been faced for many years with questions regarding to need to provide appropriate levels of “charity care” to the communities they serve. The requirements derive from several sources, and the parameters establishing legal minimums are neither clearly-defined nor uniform. The financial accounting rules for classification of services to be treated as “charity care” may be somewhat easier to articulate (if not to apply), but they may not accurately mirror the various legal requirements.

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Interest Group Spotlight

Transactional & Business Healthcare

The Transactional & Business Healthcare Interest Group focuses on the law and its application to the broad scope of transactions and business operations of those involved in the healthcare industry. The Interest Group provides opportunities for its members to participate in educational activities, review and comment on legislative and regulatory developments and network with each other. Particular areas of focus of the Interest Group include mergers, acquisitions and affiliations, integrated health systems, technology (electronic and bio-medical), contractual and joint venture business relationships and federal and state regulatory compliance. The Interest Group and its interest area specific sub-groups coordinate their activities with other Section Interest Groups to follow the interrelationship of developments affecting healthcare transactions and businesses in areas such as securities law, antitrust law, tax law, intellectual property law and accounting.

The Transactional and Business Healthcare Interest Group of the Health Law Section has created a new Physician Issues Subinterest Group . This Subinterest Group will focus 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.  All Health Law Section members are invited to participate.

The IG is led by Chair William W. Horton, Haskell Slaughter Young & Rediker, LLC, Birmingham, AL and Vice Chairs Clifford E. Barnes, Epstein Becker & Green, Washington, DC; Earl J. Barnes II, Rockford Health System, Rockford, IL; Lisa Genecov, Locke Liddell & Sapp LLP, Dallas, TX; Matthew D. Jenkins, Hunton  & Williams, Richmond, VA and Roger Strode, Quarles & Brady LLP, Milwaukee, WI .

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

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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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