ABA Health eSource - Your link to the ABA's Health Law Section
June 2008 Volume 4 Number 10
Health Law Section News  June 4 , 2008

June 11, 2008
Effective Arbitration of Healthcare Disputes

(Teleconference & Live Audio Webcast)

June 11-13, 2008
Civil False Claims Act and Qui Tam Enforcement

(Washington, DC)

New BNA Products

June 13, 2008
Physician-Legal Issues Conference

(Chicago, IL)

June 19, 2008
Everything You Always Wanted to Know About Managed Care But Were Afraid to Ask

(Teleconference & Live Audio Webcast)

June 25, 2008
Peer Review in Light of Recent Case Law

(Teleconference & Live Audio Webcast)

November 17-18, 2008
Washington Healthcare Summit 2008

(Arlington, VA)

Interest Group Communication Highlights

Resources & News


A Practical Guide to Medicare Appeals

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 Andrew J. Demetriou, Fulbright & Jaworski LLP, Los Angeles, CA

During the course of this year I have tried in these columns to highlight the important substantive work carried on by our 12 Interest Groups. As I have noted, these groups represent an important link to all of us who are Section members in providing programs, publications, conference calls and List Serv opportunities for individuals who share common interests in their practices. One thing I have noted in my reflections on our work is how many healthcare legal issues are defined by conflicts between important social, medical and technological values, none of which can or should be lightly dismissed.

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Genetic Information Nondiscrimination Act of 2008
by Cynthia Marcotte Stamer, Glast, Phillips & Murray, Dallas, TX

The broad definition of the term "genetic information" contained in the Genetic Information Nondiscrimination Act of 2008, H.R. 493 (GINA) signed into law by President Bush on, Wednesday, May 21, 2008 means that group health plans and insurers, as well as employers, employment agencies, labor organizations, and joint labor-management committees, will need to carefully review and update their group health plan, family leave, disability accommodation, and other existing policies and practices to comply with forthcoming implementing regulations to avoid liability under new GINA's rules governing genetic information collection, use, protection and disclosure.

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Fifth Circuit Court of Appeals reverses District Court ruling in Kadlec
by Conrad Meyer, Chaffe McCall, L.L.P., New Orleans, LA

On May 8, 2008, the 5th Circuit Court of Appeals reversed the District Court's opinion which had held that Lakeview Medical Center had a duty to disclose to Kadlec Medical Center Dr. Robert Berry's drug problem after Kadlec made inquiry to LMC through means of a credentialing questionnaire (after Berry applied to Kadlec for medical staff membership)

Dr. Berry was a licensed anesthesiologist in Louisiana and practiced with Drs. William Preau, Mark Dennis, David Baldone, and Allan Parr at Louisiana Anesthesia Associates. From November 2000 until his termination on March 13, 2001, Dr. Berry was a shareholder of LAA, which was the exclusive provider of anesthesia services to LMC.

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Single Payer vs. Multi-Payers under Universal Health Coverage
by Warren Greenberg, George Washington University, Washington, DC

Currently, there is much discussion of universal healthcare coverage in the United States. Universal healthcare coverage may mean a single payer system akin to what is in place in Canada. The Canadian government in each of its ten provinces acts as a single payer or single health insurer for all healthcare services. In contrast, countries such as the Netherlands and Israel have universal coverage under a multi-payer or multi-health insurer system in which individuals choose among competing health insurers for their care.

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eHealth, Privacy & Security Interest Group

This 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 Marc D. Goldstone, Community Health Systems, Franklin, TN 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 R. Harold McCard, Jr., Community Health Systems, Franklin, TN.

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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