ABA Health eSource - Your link to the ABA's Health Law Section
SpacerDecember, 2006 Volume 3 Number 4
Health Law Section News  December 6, 2006
The 8th Annual Emerging Issues In Healthcare Law

December 5, 2006
JCEB: Pension Protection Act of 2006 Part V: The Government Speaks

(Teleconference & Live Audio Webcast)

December 7, 2006
Ethics For Healthcare Attorneys

(Teleconference & Live Audio Webcast)

New Cumulative Supplements

December 7, 2006
JCEB: What To Do By Year End: Practical Applications of the Pension Protection Act and Other Laws

(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

When I entered law school in 1976, I thought I would become a corporate lawyer working for a large oil and gas company. By the time I was close to graduation in 1979, it became clear to me that either the large oil companies in Texas were not hiring lawyers straight out of law school that year or they were not hiring me. As a result, I set out to practice law in Baltimore with what is now the Ober Kaler firm, having no clue as to what area of law I might practice in, but having an inclination towards transactional work.

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CMS Makes Significant Revisions To 2007 Medicare Rates
by Kathy L. Poppitt and Catherine M. Greaves, Thompson & Knight LLP, Austin, TX

In an attempt to make payments more accurate and to increase the quality of patient care, the Centers for Medicare and Medicaid Services (CMS) has been busy this fall making significant changes to the payment structures of a wide variety of Medicare Services. In August and September, CMS announced the final pieces of a major overhaul of the method that it uses to pay hospitals for care provided to inpatients. CMS followed this move by publishing on November 1, final changes to the payment rates for physicians, hospital outpatient services and ambulatory surgery centers for calendar year 2007. CMS completed this round of payment changes by announcing an increase in the payment rates for home health services and certain durable medical equipment. Most providers of Medicare services will be affected in some way by these changes.

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Healthcare: A Policy or a Human Right?
by Dominic S. DePersis, Broome Community College, Binghamton, NY

The population of the United States of America is estimated at 300,061,531. The world population is estimated at 6,552,654,622. It is estimated that every 7 seconds the resident population of the United States increases by one person.

Unfortunately, in our society, not all have equal access to their basic human needs – in this discussion, health care services. Over 44 million Americans do not have health insurance today and millions more are only a job change or illness away from loosing their coverage. Diane Rowland, Sc.D in her article "Uninsured in America" published in 2004 states: "The uninsured are predominantly adults from low-income working families – three-quarters of the uninsured are between age 18 and 65; two-thirds have incomes below 200% of the federal poverty level or $28,696 for a family of three in 2002; and the majority (8 in 10) come from working families."

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Extra Embryos
by Robin S. Levine, Secrest Wardle, Champaign, IL

A recent CBS news report claimed that there are 400,000 frozen embryos in storage in fertility clinics across the country." With an estimated one of ten couples in the United States experiencing infertility, more and more embryos are being created through in vitro fertilization (IVF). The projected storage costs can rise to above $200,000 a year for these frozen embryos. While this estimate does not correlate in any way to the number of children that might be born from these embryos, it suggests the scope of problems that can arise from storing such a high number of frozen embryos. This article reviews various issues involving frozen embryos caused in part by inconsistent terminology and legislation.

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Greetings from your HLS Membership Committee!

Congratulations to our first Membership Committee Incentive Program winner, Alex Alvarez of Miami, Florida!

You could be next! The HLS Membership Committee has been hard at work developing the next membership incentive program running from November 1, 2006 through February 28, 2007. Again, the incentive program will have the same double entry incentive for the Emerging Issues in Healthcare Law Program, scheduled for February 21 -23, 2007 in Florida.

The rules of the program are as follows:

  • The time period covered is November 1, 2006 through February 28, 2007.
  • To be eligible, the entry/applicant must have either personally joined the HLS as a new member (i.e. entry/applicant was not a HLS member during 2005-06) or recruited a new member to join the HLS during the incentive time period. In the first instance, the new member gets his or her name entered; in the latter, both the recruiting (i.e. current) HLS member and the new member are entitled to enter.
  • There is no limit on the number of entries per individual, just keep recruiting! The only restriction is that the HLS membership dues must be paid by program deadline.
  • A current HLS member that recruits a new member to attend the Emerging Issues in Healthcare Law Program February 21-23, 2007 receives two entries (So bring someone new to EMI and double your chances to win!).
  • Email all entries to Adam Bielawski, Communications and Interest Group Manager at bielawsa@staff.abanet.org. Adam will verify all entries. It is YOUR responsibility to ensure your entry(ies) is received by Adam by program deadline. The drawing will be held on March 1, 2007.
Incentive Prize: Enter your name to win: 1/4 South Dakota raised choice, delicious, lean, buffalo meat, and two bottles of South Dakota-grown red wine.

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Healthcare Facility Operations 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 Alexandria Hien Nguyen, Baylor Health Care System, Dallas, TX and Vice Chairs Cyndi M. Baily, Baylor College of Medicine, Houston, TX; Amos Carty, Jr., Roy L. Schneider Hospital, St. Thomas, VI ; Tracy Powell, Sherrard & Roe, PLLC, Nashville, TN and Lisa Sooter, Stewart & Stimmel, 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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