ABA Health eSource - Your link to the ABA's Health Law Section
SpacerOctober 2007 Volume 4 Number 2
Health Law Section News  October 3, 2007
A Practical Guide to Medicare Appeals

Washington Healthcare Summit

October 10, 2007
Transparent PBM Contracting: Industry Practices and Managed Care Part D Plans

(Teleconference & Live Audio Webcast)

October 11, 2007
New Rules for Tax-Exempt and Governmental Plans: 403(b) and Beyond

(Teleconference & Live Audio Webcast)

October 15-16, 2007
18th Annual National Institute on Health and Welfare Benefit Plans: Responding to Change

(Arlington, VA)

October 17, 2007
State False Claims Act Developments: How They Affect Your White Collar Practice Today

(Teleconference & Live Audio Webcast)

October 17, 2007
New 409A Developments: What to Do Before Year End

(Teleconference & Live Audio Webcast)

October 25 , 2007
HIPAA Fundamentals

(Teleconference & Live Audio Webcast)

November 1-2, 2007
17th Annual National Institute on ERISA Litigation

(Chicago, IL)

November 8, 2007
Statutory and Regulatory Controls for Drug Development and Marketing

(Teleconference & Live Audio Webcast)

November 17, 2007
Federal False Claims Act Practice Strategies and Legal Updates

(Teleconference & Live Audio Webcast)

November 12-13, 2007
22nd Annual National Institute on Compensation for Executives and Directors

(New York, NY)

December 3-4, 2007
5th Annual Washington 'care Summit

(Washington, DC)

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

(San Diego, CA)

Interest Group Communication Highlights

Resources & News


New Cumulative Supplements

CDC Public ' Law News

CDC Newsletter is a free electronic newsletter published weekly by the Centers for Disease Control and Prevention, Public ' Law Program


Chair's Column
by Andrew J. Demetriou, Fulbright & Jaworski LLP, Los Angeles, CA

This past weekend, the leadership of our Section gathered in Nashville, Tennessee for our annual meeting of Interest Group leadership and our Fall Council meeting. As many of you know, Nashville has been the epicenter of a major revolution in the delivery of healthcare services. Springing from the original Hospital Corporation of America, a host of Nashville-based companies have emerged over the past 45 years--operating hospitals, psychiatric facilities, dialysis centers, surgery centers and skilled nursing facilities and supporting a variety of other healthcare institutions. The revolutionary aspect of this development is that these companies are largely for profit and publicly held corporations, thus different from non-profit and governmental providers who dominated the sector until the 1980s. A large cohort of lawyers, based in Nashville and elsewhere across the United States, serve this vibrant community and many leaders of the bar, including our Past Chair Howard Wall, have served as in-house counsel to these firms. We had not held a Section meeting in Nashville for over a dozen years, and I concluded that we were long overdue for a return. The hospitality shown by Howard and the Nashville community was outstanding and we held an extraordinary series of meetings, including small group meetings with local lawyers to encourage greater participation in the Section.

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IRS Sends Bond Compliance Check Questionnaires
by Lauren K. Mack, Of Counsel, Sonnenschein Nath & Rosenthal LLP, San Francisco, CA

In early September, the Internal Revenue Service ("IRS") sent new Form 13907, Tax-Exempt Bond Financings Compliance Check Questionnaire, to more than 200 exempt organizations. The organizations selected to receive the questionnaire had reported outstanding tax-exempt bonds on their 2005 Form 990s and, according to Steve Chamberlin, Manager of Compliance and Program Management in the IRS Office of Tax-Exempt Bonds, constitute "a representative sampling from that universe in order to get a nice cross-mix of different types of exempt organizations -- hospitals, universities, and other types, as well as different dollar amounts of outstanding bonds -- in order to try to capture larger exempt organizations as opposed to more moderately sized exempt organizations." As in the case of the 2006 Compliance Check Questionnaire for Tax-Exempt Hospitals, the IRS's goals include both quantifying current practices and procedures and educating organizations as to their compliance responsibilities.

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The Draft Redesigned Form 990 - Key Considerations for Tax-Exempt 'care Organizations
by Robert W. Friz and Eric M. McNeil, PricewaterhouseCoopers LLP, Philadelphia, PA

On June 14, 2007, the Internal Revenue Service released a draft of the redesigned Form 990, Return of Organization Exempt from Income Tax under Section 501(c) of the Internal Revenue Code. This is the first major redesign of the Form 990 since 1979. The goal of the IRS is to have the form ready for the 2008 filing year (for organizations with tax years beginning on or after January 1, 2008). The draft redesigned Form 990 includes a ten page core form, to be completed by each Form 990 filer, as well as 15 schedules that may need to be completed depending on the organization's type and activities.

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FIN 48 and its Application to Tax-Exempt Organizations
by Elizabeth M. Mills, McDermott Will & Emery LLP, Chicago, IL

Many tax-exempt 'care organizations have not started planning to address the sleeper issue of 2007. This issue is Financial Accounting Standards Board Interpretation No. 48, Accounting for Uncertainty in Income Taxes. FIN 48 will in essence require exempt organizations, as part of the preparation of their audited financial statements, to determine whether it is "highly certain" that they are tax-exempt and that they are reporting all their material unrelated business taxable income.

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Tax & Accounting Interest Group

The Tax & Accounting Interest Group focuses on the various challenges facing the 'care industry from a tax and regulatory perspective.

The IG is led by Chair Robert W. Friz, Pricewaterhouse Coopers LLP, Philadelphia, PAN and Vice Chairs Michael A. Clark, Sidley Austin Brown & Wood LLP, Chicago, IL; Ralph DeJong, McDermott Will & Emery LLP, Chicago, IL; Laura Gabrysch, Fulbright & Jaworski LLP, San Antonio, TX and Judith E. Kindell, Internal Revenue Service, Washington, DC.

If you would like to join the Interest Group, continue by clicking the following link: ' 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 ' 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 ' Law Section.
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