ABA Health eSource - Your link to the ABA's Health Law Section
SpacerJune 2007 Volume 3 Number 10
Health Law Section News  June 6, 2007
A Practical Guide to Medicare Appeals
Physician-Legal Issues Conference

June 7, 2007
The Uninsured: State Initiatives Dealing with the Uninsured

(Teleconference & Live Audio Webcast)

June 14, 2007
What's New With Networks?: The FTC's Advocate Health Decision And Its Impact On PHO's, Clinical Integration, and Price Fixing

(Teleconference & Live Audio Webcast)

June 14, 2007
Do You Have to Pay A Royalty on Your ERISA and Tax Advice?

(Teleconference & Live Audio Webcast)

June 21, 2007
Fundamentals of Managed Care

(Teleconference & Live Audio Webcast)

June 22, 2007
Physician-Legal Issues Conference

(Chicago, IL)

June 26, 2007
Broken Plan Basics: Using the EPCRS DFVC and VFCP Toolboxes

(Teleconference & Live Audio Webcast)

Interest Group Communication Highlights

Government Links


New Cumulative Supplements

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: The Berlin Health Law Exchange
by Paul R. DeMuro, Latham & Watkins LLP, San Francisco, CA

Your HLS Governing Council and others from around the world traveled to Berlin over the Memorial Day weekend to participate in the ABA HLS sponsored Berlin Health Law Exchange and to attend our quarterly in-person Council Meetings. Although a big thank you goes out to the many members who traveled without their families or only with part of their families, a much bigger thank you goes out to the families of the attendees who "loaned" the delegates to us for a most productive Exchange and weekend.

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On the Rise: 401(k) Plan Fee Litigation
by Sally Higgins, Kennedy Covington, Charlotte, NC

Given the growing importance of 401(k) plans as a--or the--primary source of retirement income for millions of American workers, it is no surprise that those plans, and more particularly, the fees charged to participants in the plans, are attracting the attention of the press, government regulators, Congress, and of course plaintiffs' lawyers.

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Deferred Compensation – Greater Clarity And A Call To Action With Issuance Of Final Regulations
by Eric J. Gould, Couzens, Lansky, Fealk, Ellis, Roeder & Lazar, P.C., Farmington Hills, MI

Deferred compensation arrangements have recently been a hot topic of discussion and concern in light of the recent enactment of Section 409A of the Internal Revenue Code as part of the American Jobs Creation Act of 2004. Since the enactment of Section 409A, temporary and interim guidance has been issued for the operation of deferred compensation arrangements in good faith with such guidance. On April 10, 2007, final regulations were issued by the IRS and Treasury Department interpreting the requirements set forth in Section 409A. As documentary compliance and operation is required by December 31, 2007, it is essential that all deferred compensation arrangements be reviewed and the appropriate amendments be made by the end of this year.

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Final Wellness Program Regulations Offer One Piece in the Health Care Cost Puzzle
by Douglass A. Farnsworth, Trenam Kemker, Tampa, FL

The release of the long-awaited final regulations for wellness programs on December 13, 2006 (the "Final Regulations"), offers one more piece in the complex puzzle of the rising costs of health care. For many years, employers have struggled with how to minimize, let alone control, the rising costs of health care, but it is only in recent years that they have recognized the importance of enlisting the help of their employees in ways other than additional sharing of costs. Employers have begun experimenting with various approaches to employee engagement to improve their overall wellness, including targeting specific conditions through their health plans, and offering health risk assessments, education, and wellness programs.

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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 March 1, 2007 through July 31, 2007. Again, the incentive program will have the same double entry incentive for the Physician-Legal Issues Conference, scheduled for June 22, 2007 at the ABA Headquarters in Chicago, IL.

The rules of the program are as follows:

  • The time period covered is March 1, 2007 through July 31, 2007.
  • To be eligible, the entry/applicant must have either personally joined the HLS as a new member or recruited a new member to join the HLS during the current incentive 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 Physician-Legal Issues Conference June 22, 2007 receives two entries (Spread the word on the upcoming program 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 August 1, 2007.

Incentive Prize: The Membership Gift Basket will contain delicious regional cuisiine, wine, and other goodies.

MyABAHave you logged into the MyABA?

The redesigned MyABA page allows members to manage their ABA online profile preferences, billing, manage membership for Section and Interest Groups, product recommendation, area of concentration, CLE events, and even create a personalized abanet.org email address. Access your MyABA Account Now!

Employee Benefits & Executive Compensation Issues Interest Group

The Employee Benefits & Executive Compensation Interest Group focuses on significant compliance issues relating to health and other welfare benefit plans with particular emphasis on HIPAA, COBRA, Medicare Secondary Payor rules, and ERISA Title I rules, as well as executive compensation issues.

The IG is led by Chair Linda E. Rosenzweig, Seyfarth Shaw LLP, Washington, DC and Vice Chairs Phyllis C. Borzi, O'Donoghue & O'Donoghue, Washington, DC; Eugene Holmes, Morgan Lewis & Bockius LLP, Washington, DC; Gregory L. Needles, Morgan, Lewis & Bockius, LLP, Washington, DC and Christopher S. Sears, Ice Miller LLP, 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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