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In this issue...
Welcome
Current Developments
Upcoming Events
News
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Welcome
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The Hall Center for Law and Health: The Health E-newsletter would like to congratulate the new Indiana Health Law Review Executive Board for 2009-2010 school year. They are Brian Bouggy, Editor in Chief, Rachel Hehner, Executive Managing Editor, Mark Menkveld, Executive Notes Editor, Connie Wilson, Executive Symposium Editor, Mary Beth Arnold, Executive Articles Editor, Shena Wheeler and Susan Kindig, Executive Production Editors, and Chris Arrington, Executive Business Editor. The Indiana Health Law Review is looking forward to the upcoming year with its new board! |
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Current Developments
 2009 Non-Monetary Compensation to Physicians
By: Erin Drummy, '05 & Greg Wallander, '93, Hall Render Killian Heath & Lyman
Summary: Under the Federal Stark Law, for calendar year 2009 hospitals may provide non-monetary compensation to physicians up to an aggregate amount of $355.00. In addition, "medical staff incidental benefits" (e.g., meals, parking, other items or incidental services that are used on the hospital's campus) are limited in 2009 to less than $30.00 per occurrence. Other requirements of the Stark Law's exception for non-monetary compensation and medical staff incidental benefits also need to be met. Hospitals should take inventory of such non-monetary compensation and benefits and confirm they are meeting the law's
requirements. Read more...
 Can You Have Your Pill and Swallow It Too? What Free Antibiotic Programs Really Do For Public Health
By: Karin Irwin, LL.M. Candidate, Class of 2009
During the past few years, major retailers have been touting low-cost and free antibiotics as a way to lure customers to their stores. In 2006, Meijer stores began giving away antibiotics. Since then, the Meijer chain has filled 2.7 million oral antibiotic prescriptions for free. The trend has continued, as major retailers determined that cheap or free generic antibiotic drug programs are the way to stay competitive in a slow economy. Chains such as Target, Wegmans, Kroger, Safeway, Stop-and-Shop, and Giant quickly followed suit. The programs typically include the most commonly prescribed drugs, such as amoxicillin, penicillin and ciprofloxacin.
Read more...
 Discrimination Out of Dismissiveness: The Example of Infertility
By: Professor David Orentilcher
, Samuel R. Rosen Professor of Law and Co-director, Hall Center for Law and Health
In recent years, anti-discrimination theory and doctrine have rested heavily on the "anti-caste" principle that the Supreme Court enunciated in Strauder v. West Virginia
, the Court's first 14th Amendment case involving discrimination on the basis of race. According to the anti-caste principle, equal protection law and anti-discrimination statutes should eradicate public-and private-policies that subject some persons to ongoing stigma and subordination and therefore to second-class status in the courts, the political system, schools, the workplace, and other public settings. Thus, for example, in explaining why discrimination on the basis of sex is constitutionally suspect, the Supreme Court pointed to the long and pervasive history of second-class status for women in society. Many legal scholars have argued that the anti-caste
principle provides the best understanding of the equal protection clause's meaning. While a focus on stigma and subordination is important, it misses a key source of discrimination-the discrimination that arises from dismissiveness. Anti-discrimination law has recognized the need to overcome the discrimination that results from invidious bias, unfair stereotyping, irrational fear, accumulated myths, or simple neglect. Read more... |
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Upcoming Events
March 10
The Life You Can Save: Acting Now to End World Poverty
Speaker: Peter Singer, Ira W. DeCamp Professor of Bioethics, Princeton University
Time: 7:30 pm.
Location: IUPUI Campus Center Rm 450,
520 University Blvd.
March 25
Galileo, a one-man play
Speaker: Tim Hardy, actor, director and faculty member of the Royal Academy of Dramatic Arts (RADA)Time: 6:00 pm
Introduction: Professor R. George Wright, the Lawrence A. Jegen III Professor of Law
Location: Wynne Courtroom
Contact: Vicki Hale, vhale@iupui.edu to reserve a ticket
Presented by the Department of English in the IU School of Liberal Arts with support from the PU School of Science and the IU School of Law - Indianapolis, as well as a grant form the IUPUI 40th Anniversary Celebration Fund
April 15
Interdisiplinary Approaches to Medical Nanotechnology: Defining the Issues
Speakers: Visiting Professor Ralph Hall, Professor Eleanor DeArman Kinney, Professor David Orentlicher, Professor Emily Morris and other experts
Time: 4:30 - 6:30 p.m.
Location: Wynne Courtroom
CLE credit available (pending approval)
Contact: Amy Gilbert at amylewis@iupui.edu
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News
Health Law Society News: We are very pleased to report that our Health Law Mentor Program
, created in collaboration with the Hall Center for Law and Health's Steering Committee, is in full swing. 16 Health Law Society members have been successfully matched with experienced health law attorneys in the Indianapolis area this year, and we anticipate that the program will only grow in the future. The Healthy Running People 2009
program is also underway. The HLS, together with the Masters in Public Health Student Council, designed this Mini-Marathon training program to bring students from different disciplines together to work toward a common goal . . . getting healthy! If you're interested in joining the fun, more information can be found at: http://healthyrunningpeople2009.blogspot.com/.
On March 4th Joan Durocher, JD, Senior Attorney Advisor to the National Council on Disability, spoke on "Finding the Gaps: A Comparative Analysis of Disability Laws in the United States to the United Nations Convention on the Rights of Persons with Disabilities." This well-attended Health Law Society event was co-convened by the Active Students Lobbying for Equality student organization.
Other events in the works include an outreach program specific to Veterans advocacy,and our Annual HLS/IBA Spring Social with the Indianapolis Bar Association's Health Law Executive Committee. Please be sure to visit us at
http://indylaw.indiana.edu/centers/clh/student/HLS/ for updated event information and society news.
The Indiana University Center for Bioethics was established on the campus of Indiana University-Purdue University Indianapolis in July 2001. Its mission is to provide leadership to advance the academic and public understanding of bioethics; and to inform the development of social and public policy in health, research, and related fields. The Center's multidisciplinary faculty investigators participate in a broad range of funded research activities. Some of the current projects include: Predictive Health Ethics Research (PredictER),
a multidisciplinary research, policy development and public education program funded by the Richard M. Fairbanks Foundation that examines the ethical, legal and social issues arising from predictive health research studies involving genetics and biobanks; Indiana University-Moi University Academic Research Ethics Partnership, a curriculum development and training initiative funded by the Fogarty International Center at NIH, that will build international research ethics teaching capacity in Indianapolis and in Kenya;
 IUPUI Signature Center Consortium for Health Policy, Law and Bioethics, an innovative and dynamic collaboration involving the IUCB, the Hall Center for Law and Health and the Center for Health Policy that facilitates research, education, and public policy service on issues in health care, health/science policy, and the life sciences; and the
Bioethics and Subject Advocacy Program of the new Indiana Clinical and Translational Sciences Institute (Indiana CTSI), which t examines the ethical issues involved in translational research. The IUCB is directed by Eric M. Meslin, Ph.D., emeslin@iupui.edu. For more information on the Indiana University Center for Bioethics, please contact Eva Jackson at cntbioet@iupui.edu
 Professor Orentlicher Presents at Conference on Organ Donation Issues
Professor David Orentlicher
, an expert in bioethics issues from Indiana University School of Law - Indianapolis, was asked to participate in a roundtable discussion to explore competing views regarding the place of law, economics, and ethics in organ transplantation. The discussion was part of a conference on Organ Allocation: Donation, Sales, and Illegal Trafficking on Friday, February 13 at the University of Pennsylvania Center for Bioethics. The event was intended to foster discussion and highlight the debate surrounding organ allocation in the international community. The keynote address was be delivered by Dr. Arthur Caplan of the University of Pennsylvania Center for Bioethics.
 IU Law - Indianapolis Professors Make Their Mark at the Annual AALS Meeting
When law professors from all over the country met in sunny Southern California in early January of this year for the Annual AALS meeting, several scholars from the Hall Center for Law and Health presented papers and were elected to leadership positions in their sections.
Andrew R. Klein, Paul E. Beam Professor of Law, was elected to the executive board of AALS' Section on Torts & Compensation Systems.
Professor Jennifer Drobac presented her paper "'Minding' the Sexual Harassment of Adolescent Workers" at the "Children, Sex, and the Law" session. ?
Eleanor DeArman Kinney, the Hall Render Killian Heath and Lyman Professor of Law?was on the Panel for the Section on Law, Medicine and Health Care. The panel was entitled "
Comparative Health Law: What Can the U.S. Learn from Other Countries?" Her talk was entitled: "Realization of the Human Right to Health in an Economically Integrated North America."
David Orentlicher, the Samuel R. Rosen Professor of Law, presented his talk, "Discrimination Out of Dismissiveness: The Example of Infertility" at the session of the Section on Disability Law.
 Indiana University Launches Online Personal Health Records
Indiana University's Bloomington campus has contracted to provide every student with electronic access to their health records. Each student's personal health record (PHR) account will be administered through OneStart and will allow online management and exchange of health information pertaining to insurance, medical history, immunizations, and other related areas. The PHR also will facilitate convenience, including easy transfer of information to medical facilities unrelated to the actual university. Indiana University Health Center began this program on Monday, February 23rd. Read more...
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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
Comments: eallingt@iupui.edu
http://indylaw.indiana.edu
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