Health eConnect - Your link to the ABA's Health Law Section
 March 2005 Volume 1 Number 7
News  March 2, 2005

March 10, 2005
Stark Law Basics and Federal Anti-Kickback Statute
[ Register]

(Teleconference & Live Audio Webcast)

March 16, 2005
Changing Prognosis for Medical Malpractice 


March 24, 2005
Will You & Your Clients Be Secure on April 20, 2005?
Challenges & Opportunities for Law Firms & Others Under the HIPAA Security Rule

[ Register]

(Teleconference & Live Audio Webcast Multi-Site)

April 7, 2005
Application of Antitrust Law in the Healthcare Industry

(Teleconference & Live Audio Webcast)

April 21-22, 2005
Presenting Psychological and Neuropsychological Evidence in Personal Injury and Medical Malpractice Cases
[ Register]

(National Institute - Chicago, IL)

May 12, 2005
Legal Issues with Physician Relationships

(Teleconference & Live Audio Webcast)

May 12-13, 2005
Antitrust Healthcare Conference
[ Register]

(Washington, DC)

May 18-20, 2005
National Institute on Healthcare Fraud

(Palm Springs, CA)

June 16, 2005
Ethics for the Healthcare Attorney

(Teleconference & Live Audio Webcast)

June 17, 2005
Physician-Legal Issues Conference

(Chicago, IL)

August 4-9, 2005
ABA Annual Meeting

(Chicago, IL)

October 20-21, 2005
3rd Annual Washington Healthcare Summit

(Washington, DC)

Interest Group Communication Highlights for February

Department of Health & Human Services: Office of Inspector General

Department of Health & Human Services: Centers for Medicare & Medicaid Services

Joint Commission on Accreditation of Healthcare Organizations (JCAHO)

Other Resources

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 J.A. (Tony) Patterson, Jr., Fulbright & Jaworski, LLP, Dallas, TX


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Joint Committee on Taxation: Options to Improve Tax Compliance and Reform Tax Expenditures
by David M. Flynn, Duane Morris LLP, Philadelphia, PA

On January 27, 2005 the Staff of the Joint Committee on Taxation (consisting of selected members of the House Ways & Means Committee and the Senate Finance Committee) released a report entitled “ Option to Improve Tax Compliance and Reform Tax Expenditures” in response to a request made last February by Senators Charles Grassley and Max Baucus, the chair and ranking minority member of the Finance Committee. The Senators, noting an estimated gap of $311 billion in the year 2001 between the amount of tax voluntarily and timely paid and the amount of actual tax liability, and a projected fiscal year 2004 Federal budget deficit of $477 billion, asked the Staff of the Joint Committee on Taxation to provide periodic reports setting forth proposals to reduce the size of the tax gap by, among other things, addressing areas of noncompliance in present law and recommending appropriate legislative changes. Many of the recommended changes would impact tax-exempt charitable organizations, and many of those would affect tax-exempt hospitals.

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CMS Announces Start of Recovery Audit Contractor Initiative
by Michael R. Manthei, Esq., Holland & Knight LLP, Boston, MA

CMS has posted a bulletin on its Recovery Audit Contract (RAC) Initiative demonstration project. RACs are private companies that will contract with CMS to conduct analyses and audits of claims beyond those conducted by the Medicare Administrative Contractors (formerly, Carriers and Fiscal Intermediaries). The RAC initiative was authorized by s. 306 of the Medicare Prescription Drug, Improvement and Modernization Act [Pub. L. 108-173] to demonstrate the use of RACs as a cost-effective means of identifying additional over/underpayments and recouping overpayments from providers, suppliers and physicians.

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Interview with Brent L. Henry, Esq.
by Alan S. Goldberg, Goulston & Storrs, Washington, DC

Brent L. Henry is Vice President and General Counsel of Partners HealthCare System (“Partners”), an integrated teaching, research, and delivery network based in Boston, Massachusetts.

Prior to his arrival at Partners, Mr. Henry was Vice President and General Counsel of MedStar Health. He has also served as the Deputy Administrator of the New York City Human Resources Administration (where he directed the NYC Medicaid program), and as the Director of Business and Governmental Affairs for Greater Southeast Health Care System. Mr. Henry began his career as an attorney with the law firm of Jones, Day. He has also taught health care law at Howard University and the University of Maryland graduate programs in health administration.

Mr. Henry received his J.D. degree from Yale Law School, and a Master of Urban Studies from the Yale School of Art and Architecture. He received his B.A. degree in 1969 from Princeton University, where he studied in the Woodrow Wilson School of Public and International Affairs.

Mr. Henry is currently a Trustee of Princeton University, and serves on the National Institutes of Health Advisory Board for Clinical Research and the Public Welfare Foundation. He is also a Past President of the American Health Lawyers Association.

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Interest Group Spotlight

Tax and Accounting

The Tax & Accounting Interest Group focuses on the various challenges facing the Health Care industry from a tax and regulatory perspective. Specific topics include the exempt organization issues facing providers that operate on that basis, the accounting treatment of health care providers in light of pronouncements by the AICPA, and the various state laws subjecting operations and purchasing to state and local taxes. Efforts are also expended in monitoring legislative and regulatory developments. Finally, the Interest Group will serve as a forum for debate and exchange on topics identified by the membership within this general topic.

The IG is led by Chair David M. Flynn, Duane Morris, LLP, Philadelphia, PA and Vice Chairs Michael A. Clark, Sidley Austin Brown & Wood LLP, Chicago, IL; Laura Gabrysch, Fulbright & Jaworski LLP, San Antonio, TX; Robert W. Friz, Pricewaterhouse Coopers LLP, Philadelphia, PA; Karen McAfee, Gardner Carton & Douglas LLP, Washington, DC and John F. Reilly, Internal Revenue Service, Washington, DC.

As a member of a Interest Group, you can participate in substantive discussions through List Serve. This electronic mailing list is a useful means of communication, since it enables our members to instantly transmit or receive information and opinions on matters of common interest. If you would like to join any of the Interest Groups, continue by clicking the following link to our sign up form: Health Law Section IG Sign-up Form.

HIPAA: A Practical Guide to the Privacy and Security of Health Data by June M. Sullivan

HIPAA: A Practical Guide to the Privacy and Security of Health Data


The Section is pleased to announce that HIPAA: A Practical and Security of Health Data has been named one of the ABA's top sellers!
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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