ABA Health eSource - Your link to the ABA's Health Law Section
May 2010 Volume 6 Number 9
Health Law Section News  May 5, 2010

May 6, 2010
HIPAA Fundamentals
(CLE Teleconference)

May 18, 2010
Follow the Money: A Primer on Economic Drivers of Physician-Hospital Transactions
(CLE Teleconference)

May 25, 2010
Health Care Reform: The Most Pressing Issues!
(CLE Teleconference)
May 26, 2010
Insurance Market Reform:
New Ways of Providing Coverage, New Considerations for Employer Sponsored Benefit Plans

(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

I was invited to participate in the Business Law Section’s spring meeting in Denver, held the last weekend in April. The primary reason for the invitation was to meet with the health law committee of the Business Law Section to talk about potential collaboration between the two organizations. For that purpose, the trip was very successful and I believe we have some opportunities to share expertise in collaborations around continuing education and publications. However, there was an unexpected benefit from my trip, which was the opportunity to hear the president of the National Black Chamber of Commerce, Harry C. Alford. Mr. Alford described the development of the National Black Chamber of Commerce and the story of his family’s life from slavery in Louisiana to their present positions. Very candidly, Mr. Alford described the enormous benefits that a focus on diversity can achieve for people of all categories and the country in general. He first pointed to the legislative requirements of the Civil Rights Bill in 1964, which effectively caused many of the universities in the country to admit Blacks.

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An Ounce of Prevention Saves A Pound of Cure:
A Summary of PPACA’s Wellness and Prevention Reforms

By Mercedes Varasteh Dordeski, Frank, Haron, Weiner & Navarro, Troy, MI

To spend less on health care, Americans must pay more attention to health.

This theory is behind the many wellness and prevention provisions in the new Patient Protection and Affordable Health Care Act (“PPACA”), as amended by the Health Care and Education Reform Act. Some of these measures encourage proactive medical care, such as new mandates requiring health plans to cover recommended screenings and preventative care/vaccines without charging co-pays. Others, such as a provision allowing employers to give further reductions in premiums to employees who practice healthy behavior, aim at reducing “behavioral waste,” a term that refers to the costs of treating preventable illnesses, such as those caused by obesity and smoking.

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The Cures Acceleration Network:
A Hidden Gem Within the Patient Protection
and Affordable Care Act

By Michelle Browning Coughlin and Brian W. Chellgren, Ph.D., Greenebaum Doll & McDonald PLLC, Louisville, KY

The Patient Protection and Affordable Care Act (“Act”) was enacted into law by President Obama on March 23, 2010. The Act was modified shortly thereafter by the Health Care and Education Reconciliation Act of 2010. The combined legislation weighs in at over 2,000 pages and has been considered a historic event for the American healthcare and health insurance industries. However, this legislation includes many provisions and programs which are not the subject of nightly news reports.

As health lawyers, our roster of clients includes hospitals, universities, institutes, and businesses associated with the biological sciences. Many of these clients engage in medical research. For any medical researcher, finding sources of funding is prerequisite to scientific progress. What most clients may not be aware of is that hidden within the depths of the Act are significant sources of funding for healthcare research. By revealing new sources of funding, health lawyers can add value to their relationships with clients engaged in medical research.

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Free Podcast: Five Big Myths of Advance Care Planning
Sponsored by the ABA Health Law Section, the Senior Lawyers Division and the ABA Commission on Law and Aging

This program addresses the five biggest myths that plague advance care planning and how to steer clear of them and make advance care planning more effective.


  1. People should use their state’s official advance directive form(s).
  2. Your advance directive should include as specific instructions as possible.
  3. Advance Directives are legally binding so doctors have to follow them.
  4. Doing everything possible for dad means keeping dad alive at all costs.
  5. A written advance directive is better than talk.

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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.

Medical Research, Biotechnology, and Clinical Ethical Issues Interest Group

The Medical Research, Biotechnology, and Clinical Ethical Issues Interest Group focuses on legal and ethical issues related to medical research, biotechnology, and clinical practice. The Interest Group provides educational programs on timely topics, and members are encouraged to identify topics for programs and publications. The Interest Group will seek to serve as a resource to the Health Law Section as new legal and ethical issues in healthcare research, development, and delivery arise.

The IG is led by Chair W. Thomas Smith, University of Florida, Gainesville, FL and Vice-Chairs Kirk Lee Dobbins, CVS Caremark, Washington, DC; Teresa Kelton, Astellas US LLC, Deerfield, IL; Betty Pang, Latham & Watkins LLP, San Francisco, CA and S. Chris Pappas, MD, JD, The Woodlands, TX.

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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