ABA Health eSource - Your link to the ABA's Health Law Section
August 2008 Volume 4 Number 12
Health Law Section News  August 6, 2008
Washington Healthcare Summit

August 13, 2008
Recovery Audit Contractors: Everything You Wanted to Know About RACs ... but Were Afraid to Ask

(Teleconference & Live Audio Webcast)

New BNA Products

August 7-12, 2008
ABA Annual Meeting

(New York City, NY)

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

I have decided that writing a valedictory Chair's Column is no fun at all. This is not for lack of material--Lord knows this has been a busy year--but because it poses the unique challenge of composing prose that is reflective, grateful, and forward-looking without sounding incredibly trite, if not downright sappy. After all, I need to speak about the accomplishments of people who are more than just colleagues, but in many ways a family within the Section. At the severe risk of stinging rebuke from the small cadre of critical readers of these tracts, here goes.

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Information Management or Evidence Spoliation: Is the Best Defense a Good Offense?
by William S. Fox and Charles L. Callear, MAXIMUS Federal Inc., Reston, VA

In today's business environment, most crucial information is created, received, managed and stored electronically. In the ever-increasing push toward "paperless environments," much of this data is never reduced to paper. Due to the seemingly limitless ability of this data to be retained indefinitely, new challenges are arising for business managers and their counsel to create workable business policies that can effectively and efficiently manage retention of electronically stored information while, at the same time, maintain an ability to suspend usual retention policies should the need arise due to actual or anticipated litigation, investigation, or audit. Business risks of inadequate management of electronic information can range from an inability to productively and inexpensively use information to an inability to comply with statutory or regulatory requirements, governmental inquiries and litigation related orders. The consequences of an inability to comply with production orders could include increased litigation costs, sanctions and even criminal liability.

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New York's Bill Requiring Public Disclosure of Physician Misconduct Charges Will Impact Medical Malpractice Litigation and Physicians' Reputations
by Jason D. Turken and John T. Seybert, Sedgwick, Detert, Moran & Arnold, LLP, New York, NY

On June 23, 2008, the New York State Legislature unanimously passed a Bill to strengthen and enhance the laws regarding the investigation of medical doctors for professional misconduct. The majority of the Bill takes effect on September 23, 2008, absent an unexpected veto by the Governor.

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Supreme Court's Allison Engine Decision's Potential Impact On False Claims Act Enforcement In Healthcare Cases
by Robert T. Rhoad, Crowell & Moring LLP, Washington, DC

On June 9, 2008, the Supreme Court issued its unanimous opinion in Allison Engine Co. v. United States ex rel. Sanders, et al. (" Allison Engine"), which clarifies the metes and bounds of the limited reach of the False Claims Act ("FCA"). The Court's opinion, authored by Justice Alito, vacated the Sixth Circuit's decision and its core holdings regarding what must be proven to establish liability under key provisions of the FCA. It constitutes one of the most significant FCA decisions handed down by the Court in recent years and has potentially far-reaching favorable implications for those in the healthcare industry facing potential FCA liability.

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Healthcare Fraud & Compliance Interest Group

The Healthcare Fraud & Compliance Interest Group addresses topical, cutting edge issues which are the focus of fraud and abuse prevention, investigations and prosecutions.

The IG is led by Chair Carol A. Poindexter, Shook, Hardy & Bacon LLP, Kansas City, MO and Vice Chairs Gilbert F. Ganucheau, Jr., Kathleen L. DeBruhl & Associates LLC, New Orleans, LA; Glenn M. Jones, Fulbright & Jaworski L.L.P., Washington, DC. and Davis W. Turner, Vanguard Health Systems, Inc., Nashville, 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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