ABA Health eSource - Your link to the ABA's Health Law Section
April 2010 Volume 6 Number 8
Health Law Section News  April 7, 2010
April 12, 2010
Should Vaccination Against the Human Papilloma Virus (HPV) be Mandatory?
(Free Teleconference)

April 13, 2010
Five Big Myths of Advance Care Planning and How to Stay Anchored in Reality
(Free Teleconference)

April 14, 2010
Provena Hospital Decision: Is this the Beginning of the End of Real Property Tax Exemptions?
(CLE Teleconference)
Job Opportunities
The Office of the General Counsel, U.S. Department of Health and Human Services (HHS), is hiring. Click here for more information
April 20, 2010
Healthcare Reform:
Enough Politics,
Let's Prepare for the Future!

(CLE Teleconference)
April 22, 2010
Fundamentals of
Tax-Exempt Healthcare

(CLE Teleconference)
April 28, 2010
Social Media Marketing in Healthcare and the Life Sciences
(CLE Teleconference)

Health Law Highlights

Access to Healthcare
Task Force Resources

Latest Resources & News

HHS Office of Inspector General (OIG)

For more Resources
and News
click here.


New BNA Products
New Reference Manual
Civil Mental Disability Law, Evidence and Testimony: A Comprehensive Reference Manual for Lawyers, Judges and Mental Disability Professionals
(Pre-Order Now)
CDC Public Health Law News

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


Chair's Column
By David W. Hilgers, Brown McCarroll, L.L.P., Austin, TX

Wow, they actually passed it! Despite all the bad odds and dire predictions, the first major overhaul of the healthcare system, for better or for worse, has passed. Whatever your opinion about reform, it is clear that healthcare lawyers will spend a substantial amount of time over the next several years trying to understand the legislation and how it will affect their clients and their practices. As I have indicated several times in this column, the Health Law Section has been preparing a series of teleconferences that will break down the legislation’s component parts in an effort to improve our education on this reform. The first teleconference, " Healthcare Reform: Enough Politics, Let’s Prepare for the Future!" in this series will take place on April 20.

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Illinois Supreme Court Upholds Revocation of Hospital's State Property Tax Exemption
By Stephen E. Weyl and Katie A. Ahern, Hinckley, Allen & Snyder LLP, Boston, MA, David H. Johnson, Bannerman & Johnson, P.A., Albuquerque, NM

In a case monitored by many tax-exempt hospitals nationwide, the Supreme Court of Illinois issued a decision on March 18, 2010 (“Decision”) that upheld the Illinois Department of Revenue’s (“Department”) 2006 denial of a property tax exemption for the 2002 tax year for Provena Hospitals (“Provena”) with respect to its Provena Covenant Medical Center (“PCMC”) campus in Urbana, Illinois. Provena is a not-for-profit Illinois corporation that holds §501(c)(3) status under the Internal Revenue Code of 1986, as amended (“Code”). Provena owns and operates six hospitals, including PCMC. PCMC is a full-service hospital serving a 13-county area in east central Illinois.

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The Lowdown on HITECH Breach Notification Requirements
By Denise Webb Glass, Fulbright & Jaworski L.L.P., Dallas, TX

The passage of the American Recovery and Reinvestment Act of 2009 (ARRA) and, in particular, the Health Information Technology for Economic and Clinical Health Act (HITECH), suddenly created a topsy-turvy environment for HIPAA compliance. While the health care industry continues to await further guidance and clarification on many aspects of the HITECH provisions, compliance with the breach notification requirements is now well under way—well, at least six month underway. In this short period of time, covered entities and business associates alike have begun to develop new language for business associate agreements, processes and forms for conducting risk assessments, and template notices for informing affected individuals. Some unfortunate covered entities have even already had to go through the exercise of notifying the federal Department of Health and Human Services (DHHS) of the breach.

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Blumenthal Releases Proposed Certification Rule at HIMSS 2010
By Emily R. Langdon, Esq., Parsonage Vandenack Williams LLC, Omaha, Nebraska

The anticipated notice of proposed rulemaking on certification was released by David Blumenthal, M.D., the National Coordinator for Health Information Technology (“National Coordinator”), on March 2, 2010. The release took place at the Healthcare Information & Management Systems Society (“HIMSS”) 2010 annual conference. The certification proposal is one of three rules mandated under the Health Information Technology for Economic and Clinical Health Act (“HITECH Act”), part of the February 17, 2009 American Recovery and Reinvestment Act (“ARRA”).

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Free Podcast: Access to Healthcare Task Force
Legislative Update on Healthcare Reform

By Andrew J. Demetriou, Fulbright & Jaworski LLP

The Access to Healthcare Task Force of the ABA Health Law Section brings to you the third in a series of podcasts on Health Care Reform Legislation. These podcasts are intended as a service to members of the ABA and the general public to aid in understanding the complex issues addressed in the legislation pending before Congress. Andrew J. Demetriou, former Chair of the Health Law Section and currently Chair our Task Force on Access to Healthcare, provides an overview of the current status of the bills in the House of Representatives and the Senate and key provisions in each. Podcasts will provide updates on developments in the legislative process as well as deeper examinations of particular elements of reform legislation.

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Did you know membership in an interest group is FREE with your Health Law Section membership?

Did you know your membership in the ABA Health Law Section qualifies you for free membership in up to three interest groups of your choice? Interest groups, which are comprised of twelve practices areas within health law, make significant contributions to the Section's programming, publications and legislative initiatives. The interest groups also provide an excellent opportunity for you to interact with and have access to some of the most outstanding lawyers in the legal community. You can enroll on our webpage by clicking here. If you have any questions or need more information, please contact Simeon Carson at Simeon.Carson@americanbar.org.

eHealth, Privacy & Security Interest Group

The eHealth, Privacy & Security Interest Group focuses on cutting edge issues dealing with technology and privacy as they relate to healthcare. Substantive topics of interest to committee members include health information privacy and security, electronic communications, electronic transactions and telehealth. The Interest Group will seek to encourage discussion and debate on emerging legal issues in these areas.

The IG is led by Chair W. Andrew H. Gantt III, Latham & Watkins LLP, Washington, DC and Vice-Chairs John R. Christiansen, Christiansen IT Law, Seattle, WA; Deborah C. Hiser, Brown McCarroll LLP, Austin, TX; R. Harold McCard, Jr., Community Health Systems, Franklin, TN and Brad M. Rostolsky, Reed Smith LLP, Philadelphia, PA.

If you would like to join the Interest Group, continue by clicking the following link: Health Law Section IG Sign-up Form.

ABA eSource Editorial Board

The ABA Health eSource Editorial Board is led by Chair Lisa Genecov, Locke Lord Bissell and Liddell LLP, Dallas, TX and editorial board members Michael E. Clark, Duane Morris LLP, Houston, TX; Adrienne Dresevic, The Health Law Partners, PC, Southfield, MI; Marla Durben Hirsch, Potomac, MD and Conrad Meyer, Chaffe McCall, LLP, New Orleans, LA.

Do you want to communicate your ideas to thousands of other members? To contribute a newsletter article on a health law topic, send us your ideas to Simeon.Carson@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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