ABA Health eSource - Your link to the ABA's Health Law Section
SpacerNovember, 2006 Volume 3 Number 3
Health Law Section News  November 1, 2006
The 8th Annual Emerging Issues In Healthcare Law

November 2-3, 2006
Health and Welfare Benefit Plans

( Arlington, VA )

November 4-8, 2006
Legal Program at the AAHSA Annual Meeting

(San Francisco, CA)

November 9 - 10, 2006
ERISA Litigation - 2006

(Chicago, IL)

November 13 - 14, 2006
Compensation for Executives and Directors

(New York, NY)

December 7, 2006
Ethics For Healthcare Attorneys

(Teleconference & Live Audio Webcast)

February 21– 23, 2007
8th Annual Conference on Emerging Issues In Healthcare Law

(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
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 Paul R. DeMuro, Latham & Watkins LLP, San Francisco, CA and Jill Peña, American Bar Association, Chicago, IL

Every year, you make a decision as to whether or not there is value in renewing your ABA Health Law Section membership. What does the Section provide that makes membership in the ABA Health Law Section a good value amid the plethora of opportunities you have to join local and specialty bar associations?

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What Happens To Intellectual Property In A Public Health Emergency? Legislative Approaches To An Emerging Issue
by David Joyal, Greenberg Traurig, Florham Park, NJ

Recent public health events such as the 2001 anthrax events and the 2004 avian flu scare have highlighted the tension between two public interests related to intellectual property. First, the robust protection of intellectual-property rights is essential to innovation and to development of new technologies for use against future pandemics. However, some abrogation of intellectual property rights may be needed in order for governments to quickly and cost-effectively stockpile needed emergency supplies.

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Disaster Preparedness: Legal Issues Faced by Hospitals in the Post-Katrina Environment
by Sean Finan, Baker, Donelson, Bearman, Caldwell & Berkowitz, PC, Birmingham, AL

Hurricane Katrina was the largest natural disaster in American history, resulting in the loss of approximately 1,300 lives, 18,000 business, and 200,000 homes. The storm wreaked havoc on approximately 93,000 square miles across Louisiana, Mississippi, Alabama and Florida, with a damage cost estimate at over $37 billion. The healthcare infrastructure along the entire Gulf Coast was completely destroyed in some areas, leaving significant numbers of patients in grave jeopardy and resulting in numerous deaths. To this day, many facilities remain uninhabitable and unsalvageable due to extensive structural damage.

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Community Benefit: A Matter of Accountability: One Organization's Approach
by Julie Trocchio, The Catholic Health Association of the United States, Washington, DC

It seems like "deja vu all over again."

In September, Senate Finance Committee Chairman Charles Grassley (R-IA) held a hearing, "Taking the Pulse of Charitable Care and Community Benefits at Nonprofit Hospitals." In his opening statement, Chairman Grassley said, "non-profit hospitals receive billions in tax breaks at the federal, state and local level. The public has a right to expect significant, measurable benefits in return." He went on to ask, "Can (hospital tax exemption) be justified by everyone else having to pay taxes?"

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Summary Of CMS' Final Report To Congress And Strategic And Implementing Plan Regarding Specialty Hospitals
by Kathy L. Poppitt, Thompson & Knight LLP, Austin, TX

The Deficit Reduction Act of 2005 (DRA), enacted on February 8, 2006, requires the Secretary of Health and Human Services to develop a "strategic and implementing plan" to address certain issues relating to physician investment in specialty hospitals. The issues required to be addressed are: 1) proportionality of investment return; 2) bona fide investment; 3) annual disclosure of investment information; 4) the provision by specialty hospitals of both care to patients who are eligible for Medicaid or receive benefits under a section 1115 waiver and charity care; and 5) appropriate enforcement. The DRA defines a specialty hospital as a hospital that is exclusively or primarily engaged in the care or treatment of either patients with a cardiac condition; patients with an orthopedic condition; or patients receiving a surgical procedure.

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Greetings from your HLS Membership Committee!

As announced in the October eSource, your HLS Membership Committee developed a new member incentive program that ran retroactively from August 1, 2006, the beginning of the ABA Bar year, through October 31. The incentive award was choice of: a two day, two night guided pheasant hunt with dogs in South Dakota; OR a two day, two night guided tour of the beautiful Black Hills of western South Dakota, including Mt. Rushmore, Crazy Horse, Badlands National Park, and other wonderful sights.*

Your name was entered in the contest if (1) you joined the Health Law Section as a new member during this time period; (2) you recruited someone new to join HLS during this time period and contacted Adam Bielawski, Communications & IG Manager, with this information; or (3) you brought someone new as a program attendee to the recent Washington Healthcare Summit and contacted Adam with th is information (in which case your name was entered TWICE!).

We had nearly 400 entries and the winner has been notified. The contest winner will be announced to the Section in next month's eSource. Thank you to everyone who participated!

The HLS Membership Committee is hard at work developing another membership incentive program to run from November 1, 2006 through February 28, 2007 which will have the same double entry incentive for the Emerging Issues in Healthcare Law program, scheduled for February 21 -23, 2007 in Florida! Watch your next eSource and Health Lawyer for details and Good Luck!

* Winner is responsible for acquiring a hunting license (if applicable) and for travel expenses to/from South Dakota.

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Healthcare Public Health & Policy Interest Group

The Public Health & Policy Interest Group provides leadership to the ABA Health Law Section, and the ABA at large, in the area of public health and policy matters.

The IG is led by Chair Montrece Ransom, Centers for Disease Control & Prevention, Atlanta, GA and Vice Chairs Michael DeLucia, Department of Justice of the State of New Hampshire, Concord, NH; Kathleen H. Drummy, Davis Wright Tremaine, LLP, Los Angeles, CA and Priscilla D. Keith, Health & Hospital Corporation of Marion County, 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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