ABA Health eSource - Your link to the ABA's Health Law Section
SpacerJune 2006 Volume 2 Number 10
Health Law Section News  June 7, 2006
Physician-Legal Issues Conference, Chicago, IL

June 9, 2006
Physician-Legal Issues Conference

(Chicago, IL)

June 13, 2006
The Sereboff Case: Supreme Court Upholds Subrogation Rights of ERISA Health Plans

(Teleconference & Live Audio Webcast)

June 14-16, 2006
The Public's Health & the Law in the 21st Century

(Atlanta, GA)

June 14-16, 2006
Civil False Claims Act and Qui Tam Enforcement

(Washington, DC)

June 15, 2006
Understanding the Role of Public Health Law in Your Practice: Preparing Your Client for Pandemic Influenza: Key Legal Considerations

(Teleconference & Live Audio Webcast)

June 22, 2006
Disclosing Adverse Events and Medical Error: How to Communicate Effectively

(Teleconference & Live Audio Webcast)

June 27, 2006
Common Conflicts of Interest in Transactional Law Settings

(Teleconference & Live Audio Webcast)

August 3-8, 2006
ABA Annual Meeting

(Honolulu, HI)

October 23-24, 2006
4th Annual Washington Healthcare Summit

(Washington, DC)

Interest Group Communication Highlights

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 Gregory L. Pemberton, Ice Miller, Indianapolis, IN

This is a note I did not want to write. I have tried to keep these pieces light and upbeat. If I have succeeded, it is in large part because that is my general demeanor and outlook on life. "You can choose to be positive" has always been at the root of my message. I am struggling with that thought at the moment.

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Electronic Health Information Exchange Initiatives: Health Improvement Possibilities and Legal Challenges
by Barbara J. Zabawa, J.D., M.P.H., LaFollette Godfrey & Kahn, Madison, WI

The ability to collect and exchange health information electronically is at the core of many current healthcare initiatives, such as public health monitoring, patient safety, quality improvement, provider performance comparisons and consumer decision-making. In theory, electronic health information exchange can integrate the concerns and goals of a diverse set of healthcare stakeholders, such as insurers, clinicians, researchers, purchasers and consumers, thereby improving health and healthcare delivery. Several studies of institutions that have adopted decision support systems or electronic health records have shown that such health information technologies can improve the quality and efficiency of healthcare.

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IRS Begins Hospital Community Benefit Compliance Initiative
by David Flynn, Duane Morris LLP, Philadelphia, PA

The IRS recently began a new information gathering initiative relating to compliance by tax-exempt hospitals with the "community benefit" standard. The community benefit standard has served as the primary legal standard for determining whether nonprofit hospitals qualify for tax-exempt status as organizations described in section 501(c)(3) of the Internal Revenue Code for more than 35 years (since the publication of Revenue Ruling 69-545). The IRS is in the process of mailing a new "Compliance Check Questionnaire, Tax-Exempt Hospitals" (IRS Form 13790 (May 2006)) to some 545 tax-exempt hospitals. The questionnaire asks each hospital to respond to a long list of questions relating to operations conducted in its most recently completed tax year.

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The Breast Cancer Legal Advocacy Initiative

The Section Council approved a task force to work with the ABA Commission on Women in the Profession's Breast Cancer Legal Advocacy Initiative. Developed by the Commission in 2000, this program was created in order to lead and implement a new public education initiative designed to protect the legal rights of breast cancer patients. The first program took place at the 2000 ABA Annual Meeting in New York City, and since that time, the Commission has lead legal advocacy training sessions for attorneys, working closely with state, local and women bar associations, in dozens of states across the country. Council member Linda A. Baumann, Arent Fox, PLLC, Washington, DC has been charged with chairing the Section Task Force that will develop an ongoing relationship with the Commission's initiative. "This is an exciting opportunity for Section members to get involved in a key ABA pro bono project. The ABA Commission on Women in the Profession has already done an outstanding job in getting this program off the ground but a tremendous need remains for legal advocates to assist women with breast cancer who often face daunting legal issues related to obtaining appropriate medical care. Health Law Section members are ideally positioned to help, and I hope will join me on the Section's new Task Force."

If you are interested in the commission's project, you can go to http://www.abanet.org/women/bcch.html to learn more about it. Anyone interested in serving on the Task Force should contact Section Director Jill C. Peña at Jill.Pena@americanbar.org.

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Medical Research, Biotechnology & Clinical Ethical Issues

The Medical Research, Biotechnology & Clinical Ethics Interest Group provides a forum in which members of the Health Law Section can consider and seek guidance about the legal and ethical implications of the difficult conundrums that arise in the clinical arena.

The IG is led by Chair Jeffrey Hammond, Waller Lansden Dortch & Davis PLLC, Nashville, TN and Vice Chairs LaDale K. George, Foley & Lardner, Chicago, IL and Bruce F. Howell, Hughes & Luce LLP, Dallas, TX .

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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