Health eConnect - Your link to the ABA's Health Law Section
 May 2005 Volume 1 Number 9
News  May 4, 2005
Physician Issue

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
[ Register]

(Teleconference & Live Audio Webcast)

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

(Washington, DC)

May 13, 2005
Flexing Their Muscle, or Preserving Their Viability? Exclusionary Conduct and Bundling by Hospitals and Health Systems
[ 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
[ Register]

(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 April

Government Links


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

I ran across an article the other day that I had cut out of the September/October 2000 issue of the Harvard Business Review. The article is entitled "Will Disruptive Innovations Cure Health Care?," written by Clayton M. Christensen, Richard Bohmer and John Kenagy. I found the article fascinating at that time and equally, if not more so, today. The debate continues to rage over how to "fix" the health care system in the United States. The byline of the article states "Health care may be the most entrenched, change-averse industry in the United States. The innovations that will eventually turn it around are ready, in some cases, but they can't find backers." The article focuses on a concept called "disruptive innovations." A disruptive innovation is, as the name suggests, an innovation in a product or service which brings about what is normally a "cheaper, simpler, more convenient" product or service to the marketplace. It normally begins with meeting the needs of customers who are less demanding, but who are looking for an alternative to the more expensive, complicated and less available generally accepted product or service. Examples of disruptive innovations are the minicomputers and then personal computers that have made computing available to the general public. The disrupted technology was the corporate mainframe computer with its punch cards and data-processing personnel. Think also of photocopying, on-line brokerage services and even, as the article points out, George Eastman's camera leading to amateur photography and Alexander Graham Bell's telephone. The authors believe, "Disruptive technologies have been of the fundamental mechanisms through which the quality of our lives has improved. In each of these cases, the disruption left consumers far better off than they had been—we don't yearn to return to the days of the corporate mainframe computer, for example."

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Cybercrime and Identity Theft: Health Information Security Beyond HIPAA
by Cynthia M. Stamer, P.C., Member, Glast, Phillips & Murray, P.C., Dallas, TX

Recent reports of widespread identity theft and other "cybercrime" woes of Choicepoint, LexisNexis, and Bank of America, highlight the need for managed care and other health industry payers and providers to minimize their exposure to personal identity theft and other cybercrime scams by employees, business partners and others. The practice of incurring charges or committing crimes in someone else's name ("identity theft") and committing crimes using a computer ("cybercrime") have reached epidemic proportions in recent years.  Potential inadequacies in the identity theft and other cybercrime safeguards of payers and providers are particularly problematic in light of the growth in personal identity theft and cybercrime statistics. According to the Federal Trade Commission ("FTC"), identity theft losses exceeded $47.6 billion in 2003. In 2004, FTC identity theft complaints rose 15% to 247,000 complaints, including health care fraud, insurance fraud and theft of governmental documents and benefits.

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California Supreme Court Limits Preferred Provider Hospitals' Ability to Assert Statutory Liens For Medical Services
by James A. Toto, Esq., Sedgwick, Detert, Moran & Arnold LLP, Los Angeles, CA

In a recent decision, the California Supreme Court limited the ability of California hospitals to recover for services rendered to their patients in connection with injuries caused by third-party tortfeasors. In Parnell v. Adventist Health System/West, 2005 Cal. LEXIS 3487 (April 4, 2005), the Court unanimously held that a hospital may not assert a statutory lien to recoup the difference between the amount of the hospital’s “reasonable and necessary charges” for medical services and the amount which it has agreed to accept from a patient and his or her health plan as “payment in full” for those services.

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Interest Group Spotlight

Managed Care & Insurance

The Managed Care & Insurance Interest Group serves as a resource to attorneys who represent or regulate entities and/or individuals doing business in the managed care industry. An emphasis is placed on tracking federal and state laws and regulations as well as market trends. Specific areas of focus include managed care liability; proposed statutory and regulatory reforms; HIPAA and other mandates governing disclosure of confidential patient information; antitrust enforcement actions; any willing provider and patient bill of rights legislation; insolvency issues affecting the organized delivery of care; contracting strategies and innovations; the changing status of IPAs and PHOs; restructuring of risk-sharing arrangements; and new products offered by payors and employers, such as network tiering.

The IG is led by Chair David M. Humiston, Sedgwick, Detert, Moran & Arnold LLP, Los Angeles, CA and Vice Chairs Julie A. Barnes, King Pagano & Harrison, Washington, DC and Cynthia M. Stamer, P.C., Member, Glast, Phillips & Murray, P.C., Dallas, TX.

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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