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

November 2007

In this issue...

Welcome

Current Developments

Upcoming Events

News

Welcome

Greetings to all former students, alumni, and friends of the Hall Center for Law and Health!  On behalf of the Hall Center, its faculty, and student organizations, we would like to invite you to browse the first issue of our new e-newsletter.  This e-newsletter serves as an informational source to all Center alumni and the Indiana health law community about the Center's research, activities, and alumni developments.  It will also include a short essay from a member of the health law faculty, an essay from an alumni practitioner, and two essays from students associated with the Center.  The essays will focus on current developments in the area of health law and hopefully give you some insight into what your colleagues are up to.  Two students will edit the e-newsletter.  Please become involved in the Hall Center for Law and Health.  We welcome you.

With warmest regards,

Professor Eleanor D. Kinney, JD, MPH 
Dr. David Orentlicher, JD, MD

Current Developments

Thompson 

CMS Initiatives Affecting Physician Self-Referral and Hospital/Physician Alignment Strategies, by William H. Thompson
Abstract: 
The last several months are notable for a flurry of regulatory activity by CMS impacting physician self-referral.  This short brief outlines CMS' efforts to regulate physician self-referral through the 2008 Medicare Physician Fee Schedule, the long awaited "Phase III" of the final Stark Law Regulations, and the Disclosure of Financial Relationships Report.  Read the full text.

markThe Continuing Discussion Over Non-Physician Health Care Provider Scopes of Practice, by Mark Douglas
Abstract:
As momentum gains at the state level for health care reform, the debate over the financing and delivery of health care has provoked many discussions about the different roles of health care providers and stakeholders.  This essay discusses the evolving role of different non-physician providers in a changing health care world and the ways in which attorneys may advise their health care clients to utilize them in the most effective manner.  Read the full text.

donohoeSolidifying Corporate Governance: Sarbanes-Oxley and the Draft Form 990, by Thomas Donohoe
Abstract:
On June 14, 2007, the Internal Revenue Service released a significantly revised draft of the Form 990 Return of Organizations Exempt from Income Tax for public comment and discussion, which seeks to provide greater transparency, promote tax compliance, and minimize the filing burden of tax-exempt organizations.  This essay will address the similarities between the draft Form 990 and the Sarbanes-Oxley Act, which the government used to achieve similar objectives in the private sector, and how tax-exempt hospitals should take note of the "spirit of Sarbanes-Oxley" now more than ever.  Read the full text.

Upcoming Events

November 8, 2007
Presidential Health Care Reform Proposal Panel-Market Based Reform
1-2 p.m., Room 385, sponsored by the Health Law Society and the Health, Economics, Law and Social Issues Group at the IU School of Medicine.  Lunch will be provided.  Please RSVP to  healthls@iupui.edu if you plan on attending. 

 

November 8, 2007
Peer Review in Indiana: Its Effect on Medical Staff Proceedings & Business Decision-Making
CLE sponsored by the Indianapolis Bar Association Health Care Section, presented by Brian Betner, an associate at Hall Render Killian Heath & Lyman, 4:00-5:00 p.m., IBA Education Center.  For more details and registration, visit here.

News

Center Faculty Updates

 

Professor Jennifer Drobac
Presenter: Foley's Philandering:  The Sexual Harassment of Working Teens in Washington, D. C. [draft title], ICASH (International Coalition Against Sexual Harassment) Conference, New York, New York (August 13, 2007).  Presenter: I Can't to I Kant: The Sexual Harassment of Working Adolescents, Competing Theories, and Ethical Dilemmas, for panel entitled Atypical Workers in a Different Key: Young, Old, Female and the Law of Work , Law and Society Association 2007 Conference, Berlin, Germany (July 28, 007).  Professor Drobac also continues to serve as a trustee on the Board of Trustees for the Henry J. Kaiser Family Foundation.

Professor Robert Katz
Professor Katz is researching the legal and ethical issues raised when nonprofit tissue banks compete for donated human tissue for use in transplantation.  He presented a work-in-progress on this topic, entitled "When Tissue Banks Compete for Transplant Tissue, Who Wins?" at the Midwestern Law and Economics Association's fall conference, held at the University of Minnesota Law School on October 13, 2007, and at the annual conference of ARNOVA (Association for Research on Nonprofit Organizations and Voluntary Action), held in Atlanta, Georgia, on November 15, 2007.

 

Professor Andrew Klein
Professor Klein is spending the fall semester as a visiting fellow at Clare Hall College at the University of Cambridge, where he also is a visiting scholar in the Faculty of Law.  During his time overseas, Professor Klein is working on an article about how developments in the world of genetics might impact toxic tort litigation.  In November, he will present his work at Clare Hall's Arts, Social Science, and Humanities (ASH) Colloquium Series.  During the summer, Professor Klein presented a paper on the topic of forum non conveniens during a conference on international law at the University of Athens in Greece.  He also is a co-author of a student-oriented textbook on tort law that will be published by Carolina Academic Press in 2008. 

 

Alumni and Center Updates 

As co-chair of the Indiana University Health Care Reform Workgroup, Professor Eleanor Kinney has recently been working with other IU colleagues to develop health care reform strategies for Indiana.  After a public listening tour and an examination of options with stakeholders, the Workgroup is in the process of developing reform options.  The Workgroup will be presenting these options in a series of town hall meetings throughout the state, starting in mid-October.  All readers are encouraged to attend one of these meetings.  A schedule of meetings will be posted on our website.  From more information on the Workgroup, please visit http://healthcarereform.iupui.edu/.

consortium150The Hall Center for Law and Health is also pleased to announce the new Consortium in Health Policy, Law and Bioethics .  This consortium, funded as one of IUPUI's new signature centers, is an organization of three academic centers at IUPUI:  (1) IU Center for Bioethics (IUSM); (2) Hall Center for Law and Health (IU Law - Indianapolis); and (3) the Center for Health Policy (SPEA).  The Consortium is a virtual organization which is overseen by a Steering Committee of the member Center Directors.   The Consortium's mission is to provide an innovative, interdisciplinary organizational environment that enhances existing IUPUI/IU capacity in health policy, law and bioethics. The Consortium will strive to develop social and public policy in health, facilitate cross-cutting interdisciplinary research, and support current and developing degree and certificate programs. The Consortium will fulfill its mission through education, research, and public outreach/service functions.  The Center hopes to have interested alumni and health lawyers involved in the consortium shortly.  For more information on the Consortium, please visit http://www.healthcarereform.iupui.edu/consortium/index.html.

hallrenderDASAThe late William S. "Bill" Hall, '51, and John Render, '71 , received Distinguished Alumni Awards in May, 2007.  Both men were honored for their contributions and service to the law school, the university, and the community.  The Hall Center for Law and Health was named for Mr. Hall and his late wife Christine.  Mr. Hall and Mr. Render founded the firm Hall, Render, Killian, Heath & Lyman, which provides legal services to Indiana and national health care organizations.  (Pictured are Alumni Board President Eric Reigner, '88; Rosanna Hardin Hall, daughter of the late Bill Hall, pictured in the portrait; John Render, '71 and Interim Dean Susanah M. Mead, '76.)

Heather McCabe, '03, Director of the Public Health Law Program in the law school's Hall Center for Law and Health, was elected a Fellow of the Institute for Action Research in Community Health (IARCH) at the Indiana University School of Nursing.

On September 20, the Health Law Society co-hosted a panel discussion with the Health, Economics, and Law Interest Group at the IU School of Medicine entitled: The 2008 Presidential Candidates and Universal Health Care.  Over 50 students attended the event to hear Ms. Priscilla Keith, '93, from Health and Hospital Corporation of Marion County, and Dr. Aaron Carroll, from the IU School of Medicine, comment about the 2008 presidential candidates who are proposing some form of universal health care.

The Health Law Society sent Ms. Jenny Lemmon, JD expected 2009, to the American Health Lawyer's Association Annual Meeting in Chicago, IL on June 24-27.  Ms. Lemmon had the opportunity to network with and hear from various health law experts from around the country who spoke on issues ranging from antitrust to long-term care.


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