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Chair's Column
by Jill C. Peña, Director, ABA Health Law Section, Chicago, IL
We of the Health Law Section are privileged to be a part of the
American Bar Association, the world’s largest professional
association—with over 400,000 members. Membership includes
everyone from young attorneys, senior counsels, in-house counsel,
government lawyers, solo practitioners, large firm attorneys, law
students and associates. It is not surprising that the ABA is complex
and hard to understand. But its very complexity and depth of experience
is its strength, and the strength of the Health Law Section is
in its relationship to the ABA.
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Bioethics Testimony in Adjudication: Established Reliability
by Bethany Spielman, Southern Illinois University School of Medicine, Southern Illinois University School of Law, Springfield, IL
Attorneys have begun to use bioethics testimony in a variety of
health law cases, and will need to understand how the reliability
of such testimony can be established and challenged. Thirty years
ago, bioethics testimony was used almost exclusively in end-of-life
medical treatment cases. Today, it is used in toxic torts, actions
against managed care plans and pharmaceutical companies, and even
in criminal cases against physicians who prescribe for pain management.
Three challenges in establishing the reliability of such testimony
under Daubert, Kumho
Tire and
progeny are highlighted below.
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An Update: Physicians Training Residents In Non Hospital Settings
by J. Mark Waxman, Foley & Lardner LLP, Boston, MA
Spurred by recently enacted Medicare Prescription Drug, Improvement
and Modernization Act of 2003 [MMA
provisions (Section 713)], an OIG report entitled, “Alternative
Medicare Payment Methodologies For The Costs of Training Residents
in Non Hospital Settings” ( “OIG Report”), issued
in December 2004, and the April 8, 2005 release by the Center for
Medicare and Medicaid Services (“CMS”) of the “Medicare
Policy Qualifications on Graduate Medical Education Payments for
Residents Training in Non-Hospital Settings” ( “PQ”),
training in non-hospital settings has become a “hot topic.” This
article addresses why this has become a troublesome area and offers
guidance for avoiding unnecessary issues.
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Interest
Group Spotlight
Medical Research, Biotechnology, and Clinical Ethics
The Medical Research, Biotechnology, and Clinical Ethics
Interest Group focuses on legal and ethical issues related to medical research, biotechnology, and clinical practice. The Interest Group provides educational programs on timely topics, and members are encouraged to identify topics for programs and publications. The Interest Group will seek to serve as a resource to the Health Law Section as new legal and ethical issues in healthcare research, development, and delivery arise.
The IG is led by Chair J.
Mark Waxman, Foley & Lardner LLP,
Boston, MA and
Vice Chairs Wendy Baldwin, University of Kentucky, Lexington,
KY;
Robert Charrow, Greenberg Traurig, Washington, DC;
LaDale K. George, Foley & Lardner, Chicago, IL;
and Jeffrey Hammond, Waller Lansden Dortch & Davis PLLC,
Nashville, TN
If you would like to join the Interest Group, continue by clicking
the following link: Health
Law Section IG Sign-up Form.
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Do you want to communicate your ideas to thousands
of other members through the wonders of cyberspace? To contribute
a newsletter article on a health law topic, send us your
ideas to BielawsA@staff.abanet.org
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July 2005
Volume 1 Number 11
