Health eConnect - Your link to the ABA's Health Law Section
BulletNovember 2005 Volume 2 Number 3
News  November 2, 2005
Emerging Issues In Health Care Law Conference

November 3-4, 2005
20th Annual National Institute on Compensation for Executives and Directors

(New York, NY)

November 10-12, 2005
15th Annual National Institute on ERISA Litigation

(Chicago, IL)

December 2, 2005
The End of the HIPAA Contingency Plan: What it Means for the Health Care Industry PDF Format

(Teleconference & Live Audio Webcast)

January 03-07 , 2006
LEI 23rd Annual National CLE Conference 2006

(Aspen, CO)

February 22 – 24, 2006
7th Annual Conference on Emerging Issues In Healthcare Law

(Tucson, AZ)

Interest Group Communication Highlights

Government Links



Guide to Nonprofit Corporate Governance in the Wake of Sarbanes-Oxley

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


Disaster Relief

Chair's Column
by Gregory L. Pemberton, Ice Miller, Indianapolis, IN

If you do a Google™ search of the word "summit", you get quite a collection of search engine results. It includes an auto racing supply company, a religious ministry, a number of mountain references, a record shop, and even a venture capital firm. However, most of the sites refer to a summit as a major meeting. That, my friends, is actually what happened in Washington, DC last month. The Section held the Third Annual Washington Healthcare Summit and, boy, was it ever a show.

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The New Gainsharing – Has Anything Really Changed?
by Mitch Dean, Stewart Stimmel, LLP, Dallas, Texas

Hospital-physician gainsharing arrangements have recently re-emerged as the subject of interest and commentary. These arrangements had generally been abandoned in the wake of a disapproving OIG Special Advisory Bulletin in 1999. Then, in early 2005, the Office of Inspector General for the Department of Health and Human Services (“OIG”) issued six advisory opinions which approved certain gainsharing arrangements. This development began a flurry of activity in which some health care providers have again focused on instituting gainsharing arrangements. However, even after the OIG’s recent approval of certain gainsharing arrangements, these arrangements still carry significant legal risk and their status remains unclear. Commentaries and articles on gainsharing are readily available from a variety of health care industry publications but sometimes lead clients to misunderstandings and misconceptions about what gainsharing is and when it is allowed. This article offers a process for communicating several key concepts and recent developments in this area to clients

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Katrina Stark Waiver
by Daniel A. Cody, Reed Smith, LLP, San Francisco, CA and C. Joyce Hall, Watkins & Eager, Jackson, MS

On August 29, 2005, Hurricane Katrina became one of the worst natural disasters in United States history. The destruction left in her wake created a public health emergency in thirteen states. In an effort to ensure the provision of sufficient healthcare items and services in the affected areas, Michael O. Leavitt, Secretary of the Department of Health and Human Services (the Secretary), has issued a special waiver regarding the delivery of healthcare services in those areas.

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Interest Group Spotlight

Healthcare Fraud & Compliance

The Healthcare Fraud & Compliance Interest Group addresses topical, cutting edge issues which are the focus of fraud and abuse prevention, investigations and prosecutions, including but not limited to compliance issues, emerging managed care issues, kickback and Stark Law issues, institutional and non-institutional and physician issues, ethical issues, false claims issues, quality of care issues, and private sector as well as private sector enforcement initiatives.

The IG is led by Chair C. Joyce Hall, Watkins & Eager, Jackson, MS and Vice Chairs Gilbert F. Ganucheau, Jr., Kathleen L. DeBruhl & Associates LLC, New Orleans, LA; Carol A. Poindexter, Shook, Hardy & Bacon LLP, Kansas City, MO and James G. Sheehan, US Attorney's Office, Philadelphia, PA.

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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