Welcome to the Health Law Section's webpage designed specifically for law students. We strive to make this page a useful and valuable resource to law students as they consider a career in health law. Please contact Simeon Carson at carsons@staff.abanet.org with any comments or suggestions.

Law Student Reviews:

Hospital Syndications: Opportunities and Options, or Poised for Extinction?
By Leigh Walton, Esq., Bass, Berry & Sims PLC, Nashville, TN

Review by J. Lauren H. Savory, Regent University School of Law, Class of 2010

As a way to raise capital and spread the risk of hospital ownership, both for-profit and not-for-profit hospitals sell a percentage of ownership interest to investors including physicians. The syndication or sale of ownership interests of a non-rural hospital to a third party is limited by both federal and state regulations.

Federal statutes “Stark Law” and the “Anti-Kickback Statute” give regulations for physician investment in hospitals. Parties to syndication must also consider the legal issues including, whether fair market value was exchanged for ownership interests, the intent of the parties to the transaction, and other relationships that exist among the parties. Read More

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The Next Enforcement Wave – Off-Label Marketing of Medical Devices
By Thomas S. Crane, Mintz, Levin, Cohn, Ferris, Glovsky and Popeo P.C., Boston, MA and Washington, DC

Summary by Rachel V. Rose, Stetson University College of Law, Class of 2010

The general corporate culture of pharmaceutical and medical device manufacturers has led to an increase in government and whistleblower claims under the False Claims Act (FCA) against these manufacturers for off-label marketing practices. Fueled by the dichotomy between restrictive off-label marketing rules and the freedom physicians have to practice medicine, the off-label enforcement cases are prime target areas for enforcement actions. For the physician, the choice to use a particular drug or device in an off-label manner is often clinically appropriate and important for the patient’s care. Read More

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Nonprofit Hospital Tax Exemption Suffers Yet Another Blow In Illinois
By Neville M. Bilimoria, Esq., Duane Morris LLP, Chicago, IL

Review by Julie Moore¸ Roger Willliams University School of Law, Class of 2010

An Illinois Appellate Court recently handed down a decision that could have implications for non-profit hospitals seeking to maintain their tax-exempt status. On August 26, 2008, the Court, in Provena Covenant Medical Center v. Illinois Department of Revenue, 894 N.E.2d 452 (Ill. Cir., 4th Dist., 2008) held that the Illinois Department of Revenue (IDR) correctly denied Provena Covenant Medical Center (Provena) a property tax exemption because Provena does not qualify as a charitable organization. Read More

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HHS New Provider Conscience Regulations
By Kim Worobec, Esq. and Jennifer Gray Esq., Hooper Lundy Bookman in Los Angeles CA

Summary by Seraka Davis, North Carolina Central University School of Law, Class of 2009

Expanding on standards that have been in existence for several decades, on December 19, 2008, the Department of Health and Human Services issued final regulations that interpret and enforce the federal “Provider Conscience” laws. The “Provider Conscience” laws are a combination of language contained in the Church Amendments, Public Health Services Act (“PHSA”) Section 245 and the Weldon Amendment. The regulations in place prior to December 2008 prohibited the government and recipients of HHS funding from discriminating against healthcare providers and other individuals who refused to perform or participate in lawful health service and research activities on the basis of religious or moral convictions. Read More

Would you like to get more involved as a student member? The Health Law Section is looking for student contributors for its monthly “Hot Topics” section of the website. Students will write a short summary or review of a selected article in the most recent issue of The Health Lawyer, to be published on the website. This is a great way to learn more about the practice of health law, hone your legal writing skills, and connect with the Section!

Contact Marc Meyer or Jill C. Peña for more information

Are you interested in starting a health law student society at your school? Are you curious about what other health law student societies are doing? Please visit our health law student society link today.

• Mentor Programs
• Awards & Competition
  • Annual Writing Competition
  • ABA-BNA Award
• Law School Links
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  • How to start a health law society at your school.
• ABA Law Student Division
• ABA Career Council
• Young Lawyers Division
• Health Law Links
• Can't find what you're looking for? Click here to contact the Health Law Section staff.

Listen to our most recent teleconference for law students, "Careers in Health Law: What do Health Lawyers Do?"

Four of the ABA's leading Health Law attorneys address the many facets of the health law practice:

• What exactly do health lawyers do?
• What career paths are available in law firms for health lawyers?
• How does an in-house general counsel work in the healthcare setting?
• Are opportunities available in government for health lawyers?
• What alternative career paths are available to law school graduates interested in health law?

Click here to listen to this complimentary program.

The Departmental Appeals Board offers internships throughout the school year. Next available internships will be for 2010. If you are interested in applying, please visit http://www.hhs.gov/dab/intern.html.

Law Student Representative
Marc M. Meyer
South Texas College of Law
T: 713/819-1412
marcmeyer36@yahoo.com

Jill C. Peña
Section Director
ABA Health Law Section
321 N Clark
Chicago, IL 60654-7598
Tel: 312/988-5548
Fax: 312/988-5814
jillpena@staff.abanet.org