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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.
From 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.
Addressing 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.
Reconsidering 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
Health 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.
Prof. 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) 
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)
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.
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Lawrence W. Inlow Hall
530 West New York Street
Indianapolis, IN 46202-3225
Tel. 317-274-8523 Fax 317-274-3955 |