William S. and Christine S. Hall Center for Law and Health


January 2008


In this issue...

Welcome

Current Developments

Upcoming Events

News

Welcome

Greetings to all.  We hope this newsletter finds you well and we invite you to browse the essays that have been incorporated into this newsletter.  Also, make sure to see the two events scheduled at the end of the newsletter, Mr. Azar's visit to speak to the Health Law Society in February and the Annual MMK Lecture in March.  Both are open to students and alumni and we hope to see you there.  To update everyone on Professor Kinney's activities, she will be traveling to Washington D.C. this month to sit on a panel at the 3rd Annual Homeland Security Law Institute discussing "National Response Framework:  Will We Be Prepared Next Time?"  In March, Professor Kinney also be participating in the University of Wisconsin School of Law's International Law Journal Symposium focused on Cross Border Health Care.  Dr. Orentlicher is currently engaged in and will be busy through March with the Indiana legislative session as a State Representative for Indianapolis.  Lastly, we invite you to submit any updates or news you may have about your profession or practice that you would like to share via the newsletter or your contact information if you would like to write in any future newsletter. 

With Warmest Regards,

Professor Eleanor Kinney, J.D., M.P.H.
Professor David Orentlicher, J.D., M.D.

 

Current Developments

Civil and Criminal Liability for False Claims and Violations of the Federal Anti-Kickback Statute - Recent Trends for Medical Device Manufacturers
By James E. Utterback ( J.D., 1987; L.L.M, 2005)

Over the past three years various representatives of the U.S. Attorney's Office have warned that medical device companies should be alert to enforcement efforts then focused on the pharmaceutical industry because device manufacturers were viewed as the next likely targets.  One recently disclosed major investigation that resulted in deferred prosecution agreements and civil settlements with major orthopedic implant manufacturers (most with Indiana ties) deserves special note.  Read the full article.

rkatzmFrom Crown Jewels to Money Pits to Golden Parachutes: Jewish Hospitals and the Ecology of Jewish Philanthropy
by Professor Robert A. Katz

Between 1850 and 1955, Jewish communities in over twenty-five cities across the United States founded more than sixty Jewish general hospitals.  With names like "Jewish Hospital," "Mount Sinai," and "Beth Israel," these institutions were the most identifiable and impressive symbols of American Jewish philanthropy and commitment to the common good.  They also represented a massive effort by American Jews to counter anti-Semitic beliefs and to mitigate the consequences of anti-Jewish discrimination against Jewish indigents, physicians, and philanthropists, among others.  By the late 1960s, with anti-Semitism on the wane in the United States, many Jews saw Jewish hospitals as increasingly unnecessary and irrelevant to their concerns.  Since 1985, changes in the American health care system have caused most Jewish hospitals outside of New York City to either merge with large health care systems or be sold to them.  In those cases of sale, the proceeds were used to endow grantmaking foundations that support a wide range of charitable projects, including some designed to benefit American Jews.  In this way, the Jewish community has effectively recaptured some of the capital tied up in Jewish hospitals and reapplied it to address its more pressing problems.   Read full article.

srhubbarmAddressing the Obesity Epidemic: Who will take the Lead?
by Sally Hubbard (2L)


While the statistics regarding youth obesity and overweight are now ubiquitous - more than two-third of adults and one-third of children in the United States are obese or are at risk of becoming obese - the role the law will play in addressing obesity is unclear.  Due to widespread media coverage, most Americans are bombarded by news of the obesity epidemic that now increasingly affects young children through adolescence, which has many medical, economic, and social implications.   Medical health problems that are traditionally common in adults such as type 2 diabetes, increased cholesterol, hypertension, and sleep apnea are now occurring with greater frequency in children.  Further, youth obesity has lead to increased orthopedic problems and metabolic changes such as premature menarche.  Obesity is also creating additional problems in the classroom as the resulting mental health and body image changes are negatively impacting school performance.  Read the full article.

sderheimmReconsidering Jacobson in a Day of Modern Diseases
by Samuel Derheimer (3L)

In the past year, state legislatures across the country found themselves embroiled in political battles over whether or not to mandate the use of a newly developed vaccine for the human papilloma-virus, commonly referred to as HPV. The Center for Disease Control and Prevention ("CDC") estimates that as many as 20 million people are currently infected with HPV in the United States, with 6.2 million new cases each year. By the age of 50, at least 80% of women in the United States will have acquired a genital HPV infection.  HPV is the leading cause of cervical cancer in women, and throughout the world, cervical cancer kills over a quarter of a million women a year.  This past year, the FDA approved a drug, Gardasil, developed by Merck that can prevent the two strains of HPV that account for almost 70% of cervical cancer cases. But even with the strong clinical evidence of disease prevention brought by treatment of Gardasil, many states are hesitating to require vaccination. For example, in Indiana, legislative efforts to mandate the vaccine quickly developed into political quagmires that raised ethical issues beyond a straightforward discussion of the safety and effectiveness of a new vaccine.  Read the full article.

 

Upcoming Events

February 19, 2008
photo of alex azarHealth Law Society Guest Speaker
The Future Direction of Health Care System in the U.S. and Abroad
Speaker: Alex M. Azar II, Senior Vice President, Corporate Affairs and Communications, Eli Lilly and Company
Time : 5:00 pm
Location: Wynne Courtroom
CLE: 1.0 Hours of CLE available (sign-in required, no fee)
Contact: For more information contact Tom Donohoe at tdonohoe@iupui.edu.  For    
more information on Mr. Azar read here.

March 19, 2008
McDonald-Merrill-Ketcham Lecture/Indiana Health Law Review Symposium
Health Reform in America: Getting Beyond Ideology to True Reform

Speaker: Keynote speaker: Prof. George J. Annas, Boston University School of Public Health
Time: 11:00 am - 5:00 pm
Location: Wynne Courtroom
CLE: 3.0 Hours (pending approval)
$50.00 Registration fee (free to students and faculty)
Contact: Contact Margie Welsh for more information: (317) 274-1912

Keynote speaker:
Prof. George J. Annas,
Edward Utley Professor and Chair, Department of Health Law, Bioethics & Human Rights
Boston University School of Public Health

The keynote address will be followed by a panel discussion on health care reform featuring academic and business leaders.  See the web site for more details.

 

News

Health Law Society and Health, Economics, Law, and Social Interest Group (IUSM) Host Second Panel Discussing Presidential Health Care Proposals

The Health Law Society from Indiana University School of Law-Indianapolis and the Health, Economics, Law, and Social Interest Group (HELSIG) from Indiana University School of Medicine hosted a second panel discussion on November 8, 2007, addressing those 2008 presidential candidates proposing some form of market-based health care reform solution. Nearly fifty students, from both organizations, attended the event which featured Ms. Amy Brown, from Advantage Health Solutions , a local health plan, and Julie Halbig, Esq., from Hall Render Killian Health & Lyman , one of the nation's largest health law firms. Dr. Aaron Carroll, from the Indiana University School of Medicine, moderated the discussion. The panelists discussed the health care proposals of most all the significant presidential contenders from Mitt Romney to Hillary Clinton and those aspects of their proposals that reflected a market-based solution, as well as the advantages and disadvantages of those proposed solutions. The panel was the second of two panel discussions. The first was held in late September and focused on those presidential candidate proposals advocating for universal healthcare. The Health Law Society, based out of the nationally ranked Hall Center for Law and Health, provides an opportunity for students interested in health law to convene and engage in activities to promote their common interests.

ekinneymedProf. Kinney to Work on Indiana's State Coverage Initiative for Robert Wood Johnson Foundation

The State of Indiana, on the basis of the work of the Indiana University Health Reform Faculty Study Group, has been selected as one of 14 states to participate in the Coverage Institute of The Robert Wood Johnson Foundation's State Coverage Initiative. Professor Eleanor Kinney is Co-Director of the Indiana University Health Reform Faculty Study Group.

The State Coverage Initiatives (SCI) program works with states to plan, execute, and maintain health insurance expansions, as well as to improve the availability and affordability of health care coverage. States selected to participate in this Institute are eligible for additional funding from the Robert Wood Johnson Foundation for health reform initiatives.

Prof. Kinney is the Hall Render Professor of Law and the Co-director of the Hall Center for Law and Health. 

Professor Kinney Inducted as Section Fellow of ABA Section on Administrative Law and Regulatory Practice (10/26/07) ABA Section on Administrtative Law
On October 26th, the ABA Section on Administrative Law and Regulatory Practice inducted Professor Eleanor DeArman Kinney as a Section Fellow at its dinner celebrating the United States Court of Appeals for the District of Columbia Circuit. Kinney is Hall Render Professor of Law and Co-Director of the Hall Center for Law and Health. Pictured: Judge Merrick Garland, Judge Harry Edwards, Professor Eleanor Kinney, Judge Ray Randolph, Judge Janice Rogers Brown, Judge Brett Kavanaugh and Professor Michael Asimow, Section Chair and Professor Emeritus at UCLA.  Professor Kinney was Chair of the Section on Administrative Law and Regulatory Practice from 2005-06.

Health Law Society and Hall Render Sponsor Halloween Party at Peyton Manning Children's Hospital at St. Vincent (10/25/07)
HLS celebrates Halloween at the Peyton Manning Children's Hospital

Members of the Health Law Society hosted a Halloween party for inpatient children and their families at Peyton Manning Children's Hospital at St. Vincent on October 25, 2007.  Hall Render Killian Heath & Lyman , an Indianapolis-based law firm, and one of the largest health law firms in the country, sponsored the event.   Those HLS members who attended had the opportunity to help the various inpatient children make crafts, play games, and also enjoyed pizza with the children and their families.   The HLS hosted a similar this past April at Riley Children's Hospital in Indianapolis, and plans to hold a similar event this coming Spring.  The Children's Hospital is a full service 82-bed facility located on the St. Vincent Health Campus on 86th Street in Indianapolis.  The Health Law Society is a student-run organization housed in the nationally ranked Hall Center for Law and Health .  It seeks not only to provide its members with educational and vocational opportunities, but to give back to the local health law community through community service.

The American Society for Law, Medicine, and Ethics Awards IU-Indy Student Annual Health Law Award (10/19/07)

Thomas Donohoe, JD expected 2008, traveled to the University of Pittsburgh College of Law on October 19, 2007 to receive an Annual Student Health Law Award from the American Society for Law, Medicine and Ethics .  Mr. Donohoe was one of six students to receive the award, which was based on criteria set by health law professors at different law schools across the country.  Mr. Donohoe received the award at ASLME's First Annual Student Health Law Conference: Taking the Health Law Career Path, which focused on the recent developments in the area of health law and non-traditional health law employment opportunities.  ASLME is a Boston-based trade organization with a mission to provide high-quality scholarship, debate, and critical thought to the community of professionals at the nexus of law, medicine, and ethics.  It publishes the peer-reviewed  Journal of Law, Medicine, and Ethics and The American Journal of Law and Medicine.    Mr. Donohoe is President of the Health Law Society and Research Assistant to Professor Eleanor Kinney , who co-directs the nationally ranked Hall Center for Law and Health.

ASLME First Student Health Law Conference ASLME Award Winners


IU Law - Indianapolis
Lawrence W. Inlow Hall
530 West New York Street
Indianapolis, IN 46202-3225
Tel. 317-274-8523 Fax 317-274-3955