ABA Health eSource - Your link to the ABA's Health Law Section
September 2010 Volume 7 Number 1
Health Law Section News  September 2, 2010
September 13, 2010
Driving While Distracted:
A Deadly Combination? 
Legal Perspectives

(Member-benefit Teleconference)
Volunteer Opportunities
Section Chair Linda Baumann wants you to know about two volunteer positions available for Section members. For more information, please click here.

September 16, 2010
Health Care Reform; Technical Aspects and Practical Considerations for Employers
(CLE Teleconference)

September 20-21, 2010
DOL Speaks: The 2010 Employee Benefits Conference
(Live/In-Person CLE Conference)
September 23, 2010
HITECH and HIPAA Fundamentals
(CLE Teleconference)

Health Law Highlights

PPACA 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
(Available 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 Linda A. Baumann, Arent Fox LLP, Washington, DC

Welcome to the 2010–2011 bar year of the ABA Health Law Section! I am very pleased and honored to have been elected to lead the Section this year. I have been involved in the Section for the past twelve years, almost since its creation as an ABA Section, and have found it to be one of the most beneficial and enjoyable parts of my practice as a health lawyer. The educational offerings, such as the Section’s publications, conferences, teleconferences, and other CLE, are outstanding. The chances to meet and work with colleagues in other practice areas through the larger ABA are unparalleled.

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DOJ and FTC Issue New Horizontal Merger Guidelines
By Bradley C. Weber , Locke Lord Bissell & Liddell LLP,
Dallas, TX

The Department of Justice and the Federal Trade Commission (the “Agencies”) recently issued their much-anticipated revisions to the Horizontal Merger Guidelines (the “Guidelines”). The Guidelines outline the main analytical techniques, practices, and enforcement policies the Agencies use to evaluate mergers and acquisitions involving actual or potential competitors under the federal antitrust laws. The new Guidelines are the first major revisions since the Agencies issued the 1992 Horizontal Merger Guidelines (the “1992 Guidelines”) 18 years ago. The primary goal of the new Guidelines is to provide the public with a better understanding of how the Agencies identify and challenge competitively harmful mergers, while avoiding unnecessary interference with mergers that are not likely to have any anticompetitive impact on the marketplace.

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Publicly Traded Health Care Entities at Risk from New SEC Whistleblower Incentives and Protections in Dodd-Frank Act
By Michael E. Clark, Duane Morris, LLP, Houston, TX

The Dodd-Frank Wall Street Reform and Consumer Protection Act of 2010 (“the Act”) brings a new round of sweeping reform to our nation’s financial system. The Act requires regulatory agencies to conduct over 50 studies of the financial system and implement more than 250 instances of rulemaking. Some of these new measures are expected to create substantial new enforcement and litigation risks, as well as heightened compliance burdens and costs for publicly-traded pharmaceutical companies and medical device manufacturers, among other healthcare industry entities.

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Lactation Provisions in the Patient Protection and Affordable Care Act
By Robert B. Fitzpatrick, Robert B. Fitzpatrick, PLLC, Washington, DC

If the many provisions in the recently enacted Patient Protection and Affordable Care Act (“PPACA”), one that went largely overlooked by the media grants new rights to lactating mothers in the workplace, via an amendment to the Fair Labor Standards Act. Under the provision, employers with more than 50 workers will have to provide new mothers, for up to one year after a child’s birth, with “reasonable” time to take unpaid breaks to express breast milk for their nursing children. Such employers will also be required to provide a private space—other than a bathroom—for the employee to do so. This provision will not preempt state laws to the extent that state laws provide greater protections. On July 15, 2010, the Department of Labor released “Fact Sheet #73: Break Time for Nursing Mothers Under the FLSA,” to assist employers in complying with the lactation break time obligations under the PPACA.

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The Center for Medicare and Medicaid Innovation
By Robert H. Schwartz, Butzel Long, Bloomfield Hills, MI

PPACA and HCERA provide for substantial changes in Medicare and Medicaid which could lead to future changes in the delivery of health care through experimentation and innovation. For example, PPACA established the Center for Medicare and Medicaid Innovation (CMI) under Section 3021 which amends Title XI of the Social Security Act by adding new Section 1115A. The first question that comes to mind is what is CMI and how might CMI create innovation for positive changes to Medicare and Medicaid? CMI appears to be given a fair amount of latitude within the parameters discussed below.

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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.

Business and Transactions Interest Group

The Business and Transactions Interest Group focuses on the art and the law of healthcare transactions and business operations.

The IG is led by Chair Jennifer L Rangel, Locke Lord Bissell & Liddell LLP, Austin, TX and Vice-Chairs Christi J. Braun, Ober Kaler Grimes & Shriver, Washington, DC; Marcelo N. Corpuz III, Walgreens Health Services, Deerfield, IL; William T. Mathias, Ober Kaler Grimes & Shriver, Baltimore, MD and James M. Pinna, Hunton & Williams LLP, Richmond, VA.

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;
Conrad Meyer
, Chaffe McCall, LLP, New Orleans, LA and Jennifer Tsao, Hernandez Schaedel & Associates LLP, Pasadena, CA.

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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