ABA Health eSource - Your link to the ABA's Health Law Section
SpacerMay 2006 Volume 2 Number 9
Health Law Section News  May 3, 2006
Physician-Legal Issues Conference, Chicago, IL

May 10-12, 2006
Erisa Basics 20th Annual National Institute

(Chicago, IL)

May 17, 2006
Can Anyone Understand Me? The Law and Policy of Language Access to Healthcare

(Teleconference & Live Audio Webcast)

May 17, 2006
Duty to Disclose: A New Frontier in Fiduciary Responsibility?

(Teleconference & Live Audio Webcast)

May 17-19, 2006
Healthcare Fraud 2006

(Fort Lauderdale, FL)

May 18, 2006
Ethics for the Healthcare Attorneys

(Teleconference & Live Audio Webcast)

May 18-20, 2006
Are You Ready? Public Health Emergencies and the Law Legal Response in Epidemics, Terrorist Attacks and Natural Catastrophes

(St. Louis, MO)

May 24, 2006
General Counsel's Round Table: Health Lawyering from the Inside

(Teleconference & Live Audio Webcast)

June 9, 2006
Physician-Legal Issues Conference

(Chicago, IL)

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

Gregory L. PembertonI was asked recently to address a graduate level healthcare administration class. The instructor is the chief financial officer of a long time client and I was not exactly in the position to refuse. So, on an otherwise beautiful spring Saturday afternoon, I was scheduled for two hours with some folks interested in learning more about the "real" world of healthcare markets and raising capital.

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Mission Impossible for Prosecutors in Tenet Alvarado Case: What Does the Recent Mistrial Mean for Tenet and Other Providers?
by Olabisi A. Onisile, Porter Wright Morris & Arthur LLP, Washington, DC

Olabisi A. OnisileOn April 4, 2006, after 62 days of deliberation, a second mistrial was declared in the illegal-kickback trial of Alvarado Hospital Medical Center, its former chief executive, and the hospital's parent company, Tenet HealthSystem Hospitals, Inc. ("Tenet" or "Alvarado"). The case against Tenet started in 2003 with a multi-count federal indictment related to payments made by Alvarado under physician relocation agreements that had been entered into over several years in the 1990s. Tenet was accused of funneling millions of dollars to doctors in exchange for patient referrals to the hospital in violation of the Medicare Anti-Kickback Statute.

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Healthcare Litigation & Risk Management

The Healthcare Litigation & Risk Management Interest Group examines areas in health care related litigation and the continuum of liability control. On the litigation side, such topics include antitrust, staff privileges issues and peer review proceedings, credentialing and medical staff development planning, and Bylaw interpretation. On the risk management side, such topics include monitoring national tort reform initiatives, and focusing on specific timely issues such as evidentiary protection of risk management documents, alternative dispute resolution, and utilization review/denial of care. The goal is to pursue a balanced and global approach to key issues. Thus, persons from all areas of health care -- hospitals, physicians or other providers, managed care organizations, long term care, among others -- who are involved in or interested in litigation and/or risk management are encouraged to participate.

The IG is led by Chair Martin J. Thompson, Manatt Phelps & Phillips, Costa Mesa, CA and Vice Chairs Michael E. Clark, Hamel Bowers & Clark, LLP, Houston, TX; Lois Snyder, American College of Physicians, Philadelphia, PA and Hilary Young, Joy & Young LLP, Austin, 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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