ABA Health eSource - Your link to the ABA's Health Law Section
SpacerJuly 2006 Volume 2 Number 11
Health Law Section News  July 5, 2006

(Teleconference & Live Audio Webcast)

ABA Annual 2006 Hawaii - August 3-8, 2006

July 12, 2006 - CLE
Mandatory Reporting of Medical Errors, Near Misses, Product Defects and Adverse Outcomes by Acute Care Hospitals

(Teleconference & Live Audio Webcast)

July 13, 2006 - CLE
Provider Network Update: Who's In? Who's Out? And What Are They Doing?

(Teleconference & Live Audio Webcast)

July 19, 2006 - CLE
The Changing Federal Law Governing Quality Enforcement in Acute Care Hospitals

July 27, 2006 - CLE
Healthcare Boards Under the Gun: Strategies for Effective Board Governance and Board-Related Litigation

(Teleconference & Live Audio Webcast)

August 3-8, 2006
ABA Annual Meeting

(Honolulu, HI)

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

(Washington, DC)

Interest Group Communication Highlights

Government Links


Managed Care Litigation

Managed Care Litigation
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 summer is proving to be a challenge. My practice has been very active. In the past few days, we settled a tough dispute, signed a challenging transaction, and wrestled with a number of tough contract negotiations. Others in my Firm have also been very busy. We are helping build a new dome for the Colts; many other public and private projects also continue. Oh yeah, and we also just sold a toll road. All that is rewarding and hopefully fruitful to our clients and the others in our town. Whatever happened to the quiet days of summer?

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CMS Updates Medicare Part D Creditable Coverage Notice Guidance
by Christopher S. Sears, Ice Miller LLP, Indianapolis, IN

On April 21, 2006, the Centers for Medicare and Medicaid Services ("CMS") issued an Updated Guidance ("Updated Guidance") on the disclosure of creditable coverage to Medicare Part D eligible individuals. This Updated Guidance was effective May 15, 2006. Health lawyers advising employers that sponsor prescription drug plans should be aware of this important update because it requires their clients to make affirmative revisions to the Creditable Coverage Notices used prior to May 15.

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IRS Issues Proposed Dependent Care Expense Regulations
by Andy R. Anderson, Morgan, Lewis & Bockius LLP, Chicago, IL

In late May 2006, the Internal Revenue Service (IRS) issued updated, expanded, and relocated proposed regulations governing dependent care expenses. While superficially focused on the individual income tax credit for dependent care expenses, these proposed regulations will significantly influence the operation of tax-free dependent care assistance programs and will in particular lead to modifications in the administration of and communications related to dependent care spending accounts.

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What Every Employer Should Know About Employee Health Plan Coverage During Military Leaves of Absence
by Jennifer Suich Frank, J.D. Lindquist & Vennum PLLP, Minneapolis, MN

Since September 11, 2001, more than half of a million men and women serving in our country's uniformed services have been mobilized, which represents the largest military deployment since World War II. With statistics like this, it has become increasingly imperative for all employers to comply with the Uniformed Services Employment and Re-employment Rights Act (USERRA) and other laws governing military leave of absence.

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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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Employee Benefits & Executive Compensation

This Employee Benefits & Executive Compensation Interest Group examines the special problems that hospitals, physicians and other healthcare providers have in providing employee benefits (both pension and welfare plans) to their employees.

The IG is led by Chair Linda E. Rosenzweig, Seyfarth Shaw LLP, Washington, DC and Vice Chairs Phyllis C. Borzi, O'Donoghue & O'Donoghue, Washington, DC; Gregory L. Needles, Morgan, Lewis & Bockius, LLP, Washington, DC and Christopher S. Sears, Ice Miller LLP, Indianapolis, IN .

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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