ABA Health eSource - Your link to the ABA's Health Law Section
SpacerMarch 2007 Volume 3 Number 7
Health Law Section News  March 7, 2006
Physician-Legal Issues Conference

March 14, 2007
Electronic Health Records, Hospitals, and Regional Health Information Organizations

(Teleconference & Live Audio Webcast)

March 15, 2007
Anti-Kickback Law Basics

(Teleconference & Live Audio Webcast)

March 29, 2007
Follow the Money: DOL Initiatives and New Litigation on Service Provider Revenue Sharing

(Teleconference & Live Audio Webcast)

New Cumulative Supplements

April 19-20, 2007
2007 Employee Benefits in Mergers & Acquisitions

(New York, NY)

June 22, 2007
Physician-Legal Issues Conference

(Chicago, IL)

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

Wow!!!!! If you did not have the opportunity to join us in Orlando for our 8th Annual Emerging Issues Conference, you certainly missed many very high quality educational sessions, and the opportunity to network with almost 300 of your colleagues from across the country. The setting was delightful; the weather most pleasant, even for this transplanted San Franciscan, not too hot and not too cold. Many thanks go out to Bill Horton and Hilary Young as chairs for the conference, their planning committee and the Interest Group leadership which spent countless hours putting together a program which received rave reviews and was certainly first rate.

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You Can't Get There From Here - Erisa Preemption Of State Laws Mandating Employer Healthcare Contributions
by Michael H. Bernstein & John T. Seybert, Sedgwick, Detert, Moran & Arnold LLP, New York, NY

In Retail Industry Leaders Ass'n v. Fielder, the United States Court of Appeals for the Fourth Circuit affirmed a Maryland District Court's decision holding that the Maryland "Fair Share Health Care Fund Act"; (the "Act") is preempted by the Employee Retirement Income Security Act of 1974, 29 U.S.C. §1001, et seq. ("ERISA") and therefore unenforceable. The Act (popularly known as the "Wal-Mart law") is one of the first, recently enacted, state laws of its kind to be challenged by an employer group on ERISA preemption grounds. The Act required large for-profit employers to devote eight percent of total wages paid to employees in the state to health insurance costs for its employees or pay the difference between what is spent on employee health insurance and the minimum percentage of wages to the state. In turn, any money paid to the state pursuant to this law would be earmarked exclusively for state Medicaid or children's healthcare purposes.

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Making P4p As Easy As 1, 2, 3
by Denise Webb Glass, Fulbright & Jaworski L.L.P., Dallas, TX

As with most things in life (and especially so in the area of healthcare), the devil's in the details. As commercial managed care organizations ("MCOs") and healthcare providers begin to take tentative steps into the realm of pay-for-performance ("P4P") initiatives, both sides are quickly learning that navigating the maze of issues can be time-consuming, contentious and costly. This article focuses on some of the key decisions which must be made after the MCO has decided to offer, and the provider has decided to participate in, a P4P program.

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Managed Care & Insurance Interest Group

The Managed Care & Insurance Interest Group focuses on such issues as federal and state regulation of HMOs and other managed care organizations.

The IG is led by Chair Cindy M. Stamer, Glast, Phillips & Murray, PC, Dallas, TX and Vice Chairs Michelle Apodaca, Brown McCarroll LLP, Austin, TX; R. Jeffrey Layne, Fulbright & Jaworski LLP,Austin, TX and Daniel K Settelmayer, Latham & Watkins LLP, Los Angeles, CA .

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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