ABA Health eSource - Your link to the ABA's Health Law Section
SpacerJuly 2007 Volume 3 Number 11
Health Law Section News  July 5, 2007
A Practical Guide to Medicare Appeals

July 7, 2007
Medical Staff Credentialing and Peer Review: Effective Strategies for Tackling the Tough Issues

(Teleconference & Live Audio Webcast)

July 12, 2007
HIPAA: How It Probably Affects All Attorneys

(Teleconference & Live Audio Webcast)

July 18, 2007
Recent Developments in Futile Care Legislation: National, State and Local Perspectives

(Teleconference & Live Audio Webcast)

July 19, 2007
Implications of XDR-TB and the Federal Power to Quarantine and Isolate

(Teleconference & Live Audio Webcast)

July 25, 2007
ERISA Rights and Preemption of Non-Contracted Providers' Health Benefit Claims

(Teleconference & Live Audio Webcast)

August 15, 2007
Bad Times for Nonprofits

(Teleconference & Live Audio Webcast)

December 3-4, 2007
5th Annual Washington Healthcare Summit

(Washington, DC)

February 20-22, 2008
9th Annual Conference on Emerging Issues in Healthcare Law 2008

(San Diego, CA)

Interest Group Communication Highlights

Resources & News


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: Youth and Experience
by Paul R. DeMuro, Latham & Watkins LLP, San Francisco, CA

Many, many years ago, when I was a young lawyer, I was struck by how much younger I was than the others in the Board Room or at key meetings. My stomach would tie into so many knots before a presentation that I thought I might have to seek another career—becoming a Buddhist monk came to mind.

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HIPAA Workforce Education Requirements- Revisited!
by Hal McCard, Jr. and Lauren M. Venturatos, Chaffe McCall L.L.P., New Orleans, LA

From time to time, it’s useful to review the specific HIPAA Privacy and Security regulation requirements addressed to workforce training to ensure that current training initiatives and compliance documentation reflect the requirements of the regulations. Here, in a nutshell review, are the requirements:

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Overcoming Objections to Requests for Medical Records
by James D. Walker, Stinnett Thiebaud & Remington LLP, Dallas, TX

So you've requested medical records in discovery and your opponent refuses to produce them. What do you do? This article will give you some tools to overcome that problem.

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Electronic Data Discovery and the New Federal Rules: Health Industry Organizations at Particular Risk
by Christopher A. Myers, William F. Hamilton and Suzanne M. Foster, Holland & Knight LLP

On December 1, 2006, significant changes to the Federal Rules of Civil Procedure (FRCP) specifically directed to discovery of electronic data (E-Discovery) went into effect. Compliance with the new rules may be particularly complicated for health industry organizations, because of the ongoing conversions to paperless record keeping and healthcare organizations’ unique need to document and keep secure virtually every aspect of their business and treatment processes. It is crucial for entities involved in the health industry to swiftly incorporate the FRCP changes into comprehensive records management systems. If they wait until the first lawsuit or investigation hits, it may be too late. Compliance with the new rules will become even more important, if, as expected in the near future, state court litigation, such as medical malpractice, begins to follow the federal model for e-discovery.

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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!

eHealth, Privacy & Security Interest Group

The eHealth, Privacy & Security Interest Group focuses on three substantive areas - Health Information Privacy, Healthcare Electronic Communication & Information Technology Transactions, and Healthcare Technology Dispute Resolution.

The IG is led by Chair Kirk Nahra, Wiley Rein & Fielding, Washington, DC and Vice Chairs Jacqueline Myles Crain, Trenam Kemker Scharf Barkin Frye O'Neil & Mullis, St. Petersburg, Fl; W. Andrew H. Gantt III, Latham & Watkins LLP, Washington, DC and Marc D. Goldstone, Boca Raton, FL .

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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