ABA Health eSource - Your link to the ABA's Health Law Section
SpacerFebruary 2007 Volume 3 Number 6
Health Law Section News  February 7, 2006
The 8th Annual Emerging Issues In Healthcare Law

February 8, 2007
Stark Law Basics

(Teleconference & Live Audio Webcast)

February 13, 2007
JCEB: Employer Stock Issues: New Requirements under the PPA and More

(Teleconference & Live Audio Webcast)

New Cumulative Supplements

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

(Orlando, FL)

February 22, 2007
JCEB: Holiday Gifts for Retirement Plans: Year-End Guidance Under PPA

(Teleconference & Live Audio Webcast)

February, 28, 2007
Nursing Home Quality Prosecutions

(Teleconference & Live Audio Webcast)

March 7, 2007
Provider-Based Joint Ventures and Under-Arrangement Transactions

(Teleconference & Live Audio Webcast)

March 15, 2007
Anti-Kickback Law Basics

(Teleconference & Live Audio Webcast)

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

I had the privilege of being invited by a healthcare finance organization to present at the end of January, 2007 in Las Vegas on the revised International Health Regulations and moderate a panel on the topic: "What Hospitals and Medical Professionals Must Do to Respond to Pandemics and Calamities." The conference drew approximately 500 attendees from across the country. My co-presenters were Dr. Jim James, Director, Center for Public Health Preparedness and Disaster Response, American Medical Association; Robin Funston, the Director, Division of Healthcare Preparedness of the Health Resources Services Administration, Department of Health and Human Services; and Skip Skivington, the Interim Vice President of Supply Chain and Director of Operations Procurement and Supply, Kaiser Permanente.

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Medical Identity Theft What It Is And Considerations For The Healthcare Provider
by William E. Hopkins, Thompson & Knight, Austin, TX

Everyone is familiar with the concept of financial identity theft. There are television programs about it, credit card companies run commercials bragging about their theft deterrence systems and zero liability programs, and notices are regularly provided to consumers providing tips on how to prevent it from happening. Medical identity theft, on the other hand, is an equally significant problem with equally devastating potential results, yet it receives little or no public recognition or attention. Also unequal are the available remedies to victims. Victims of financial identity theft can depend on rights such as the ability to see and correct errors in their credit report, the ability to file fraud alerts, the right to obtain documents or information relating to transactions involving their personal information, and the right to prevent consumer reporting agencies (such as credit bureaus) from reporting information that has resulted from identity theft.

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Stone v. Ritter: The Delaware Supreme Court Affirms the Caremark Standard for Corporate Compliance Programs
by Andrew J. Demetriou and Jessica T. Olmon, Fulbright & Jaworski L.L.P., Los Angeles, CA

Since the 1996 Delaware Chancery Court decision in In re Caremark International Inc. Derivative Litigation, the fiduciary duty of corporate directors has been understood to embrace the adoption and maintenance of corporate compliance programs that are designed to detect corporate wrongdoing and bring it to the attention of management and the board of directors. In its November 6, 2006 decision in Stone v. Ritter, the Delaware Supreme Court affirmed the Caremark standard for director duty and elaborated on the nature of the directors' responsibilities for conduct found to be in violation of law that causes losses to a corporation.

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OIG Report on PDP Sponsors' Compliance Plans: Preparation Tool for CMS Audits in 2007 and Beyond
by Sarah K. Giesting, Polaris Management Partners LLC, New York, NY

The government recovered over $2.2 billion in fines for fraud and abuse from the healthcare industry in 2006, amounting to nearly 75 percent of the total recovered in the United States. The government, as the largest purchaser of healthcare services in the United States, has an interest in preventing and prosecuting fraud. One example of this is the Medicare Prescription Drug, Improvement, and Modernization Act of 2003 (" MMA"), which requires all Medicare Part D plan sponsors to have a program to control fraud, waste, and abuse ("FWA"). Plan sponsors must also have a comprehensive plan to detect, correct, and prevent fraud, waste, and abuse.

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Greetings from your HLS Membership Committee!

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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Transactional & Business Healthcare Interest Group

The Transactional & Business Healthcare Interest Group focuses on the various challenges facing the Healthcare industry from a tax and regulatory perspective.

The IG is led by Chair Lisa Genecov, Locke Liddell & Sapp LLP, Dallas, TX and Vice Chairs Marcelo N. Corpuz III, Milwaukee, WI; Anthony M. DiLeo, Anthony M. DiLeo, APC, New Orleans, LA; Matthew D. Jenkins, Hunton & Williams, Richmond, VA; Jennifer L Rangel, Locke Liddell & Sapp LLP, Austin, TX and Roger Strode, McDermott Will & Emery LLP, Chicago, IL .

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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