ABA Section of Business Law
Business Law Today
September/October (Volume 10, Number 1)
Not so fast, it's regulated
Some warnings for the e-health biz
Some of those dot.com folks think that all they have to do when setting up a
health-related Web page is their technological wizardry and a willing doc. But they better
understand that health sites are indeed regulated, in a number of ways. Before advising
that dot.com, check the warnings in this article.
BY LAURA KEIDAN MARTIN
Secrets? What secrets?
Proposed regulations champion patient privacy
The author presents a brief overview of the proposed regulations, "Health
Insurance Portability and Accountability Act." There is a concern that private health
information could be obtained by those outside the appropriate health-care community. The
goal is to seek a balance between the uninterrupted provision of medical services and the
protection of individual privacy.
By JULIA A. BARNES
The K.I.S.S. glossary
Health-care fraud and the False Claims Act
The Supreme Court supports a federal weapon
I
n the government's quest to combat health-care fraud, it is using the False Claims
Act. Whistleblowers can bring suits; the court's ruling said that the whistleblowers have
standing to bring these lawsuits.
By SHELLEY R. SLADE and THOMAS A. COLTHURST
Enforcement gets tougher
A primer for health-care deal makers
Fighting health-care fraud is one of the highest priorties of this national
administration. Business lawyers need to understand that environment, especially when
conducting due diligence in a merger or acquisition. Also, they need to be up on new
privacy laws regarding patient confidentiality.
By ELIZABETH SWINTON SCHOEN and CHRISTOPHER POSEY
Regulations covering
health-care organizations
Preparing a due-diligence
request list
Caught by the Net
What to do if a message board messes with your client
The issue here is defamation on the Net. So if your client has a problem, what
questions do you need to answer: 1) where to sue, 2) when to sue, 3) what claims and
4) whom to sue? With Internet message board litigation, time is of the
essence.
By JAY EISENHOFER and SIDNEY S. LIEBESMAN
Getting over Y2K
Computer rough spots: Litigate, settle or ignore?
Yes, your client thought it was all over. You know, all that Y2K stuff. But what if it
isn't? There may well be other computer-related issues. Contract provisions control all as
well as the concept of what could reasonably be expected. Includes a discussion of three
recent cases.
By RONALD I. RAETHER Jr.
Nonprofits and politics
Issues are OK, candidates aren't
Newt Gingrich was a bad example of what can happen when supposedly charitable
organizations get involved in politics. Since nonprofits do not have to disclose their
donors, they are very tempting for polticians trying to raise cash. But charities cannot
give bucks to candidates. The author discusses how nonprofits can, however, get involved
-- as long as they don't get involved in candidate support.
By JAMES R. SUTTON
Departments
