We hope this E-Newsletter finds you well. We invite you to read the essays and learn about the activities and upcoming events of the Hall Center.
The Hall Center for Law and Health's Health E-Newsletter is proud to announce its new board for next year. Editor-in-Chief: Julie Mahomed; News and Events Editor: Kate Mercer Lawson; Head Articles Editor: Stephanie Lawyer; and Article Editors: Emily Munson and Sarah Orme. We are excited about next year's board and the great potential the E-Newsletter has. The current E-Newsletter board would like to thank the faculty, staff and practitioners who have been a key part of the E-Newsletter production and success.
With warmest regards,
The Hall Center for Law and Health's Health E-Newsletter Board Professor Eleanor Kinney JD, MPH and
Professor David Orentlicher, MD, JD
The American Recovery and Reinvestment Act of 2009, commonly referred to as the "Stimulus Bill," was signed into law by President Obama on February 17, 2009. Tucked into the lengthy Stimulus Bill are major changes to the HIPAA privacy and security requirements that will have a significant effect on "covered entities" - including health plans, health insurers, and long-term care insurers - and on their business associates.
Leaving Healthcare to the Professionals: Whether Science Can Remedy Issues of Cost, Quality of Care By: Todd Hassee
Upon the historic results of the 2008 general election, big government awoke from a near decade long slumber, with a healthy appetite for reform and a chronically ailing healthcare system. While the key public and private sector stakeholders may have a decent grasp on the economics of medicine, current and long term success in healthcare reform will depend on more than injections of cash and watchdog agencies. National health expenditures reached $2.4 trillion in 2007, or 16 percent of the United States Gross Domestic Product, and Congress expects that figure to balloon to 25 percent of GDP by 2025. [1]
Therefore, a focus must be placed on drastic improvement of system performance as a whole, which will require, not politicians, but medical practitioners. This article briefly highlights the capacity of the healthcare delivery industry which makes the industry itself a better equipped agent for change in the United States' healthcare economy than the federal government.
Wyeth v. Levine: A Victory for All Consumers or Just the Tragic Few? By: Roxanna Bell
In March 2009, the United States Supreme Court decided in Wyeth v. Levine
that approval of a drug label by federal regulators does not grant manufacturers immunity from state-level consumer liability claims. This decision, lauded by various public interest groups as a victory for all consumers, could be interpreted narrowly and did not extend to federal agencies the authority to preempt state powers where there is no express preemption clause in the text of the federal rule. Recognizing the role that state-level tort claims play in keeping drug manufacturers accountable to consumers, the Court imposed the duty on pharmaceutical companies of "crafting an adequate label and . . . ensuring its warnings remain adequate as long as the drug is on the market,"
regardless of the label's previous approval by the Food and Drug Administration (FDA).
Health Care Reform: Beyond Ideology By: Professor David Orentlicher
In the May 6 issue of the Journal of the American Medical Association, Prof. David Orentlicher discussed health care reform and described three components of a reform package that are necessary to achieve universal coverage.
November 5, 2009 Speaker: Dr. David Korn Lecture, Wynne Courtroom Buffet Lunch, Conour Atrium CLE credit available (pending approval) There is a fee to attend this event.
News
Heather A. McCabe '03 co-authors issue brief on the Americans with Disabilities Act Amendment:
Heather McCabe, Executive Director of the Hall Center for Law and Health, collaborated with the IU Center for Health Policy to produce an Issue Brief entitled New ADA Amendment Benefits People with Disabilities and Businesses. This brief outlines the original ADA, discusses some of the important court decisions interpreting it, and then discusses the anticipated impact of the ADAA on both individuals and businesses.
Hall Center for Law and Health Bids Farewell to Faculty Fellow from Turkey: Professor Halit Yilmaz from the law faculty at Akdeniz University in Antalya, Turkey recently completed his stay at the law school where he researched and wrote on issues surrounding pharmaceutical regulation and the international human right to health.
IU Law - Indianapolis has Two Top 10 Programs:U.S. News and World Report ranked the law school's Hall Center for Law and Health 10th and the legal writing program 8th in the nation in 2009. Additionally, the school was also in the Top 10 of public law schools offering a part-time program, ranking 7th.
Hall Center for Law and Health Collaborates on Public Health: The Hall Center for Law and Health, as part of its work on Health Reform, collaborated with the IU Center for Health Policy to release an Issue Brief entitled Public Health Programs Key to Healthy Population, Lower Healthcare Costs.
Presentations from the Nanotechnology Conference Available Online: On April 15, 2009 the Hall Center for Law and Health co-convened a well-attended symposium on the emerging field of nanotechnology.
The Health and Hospital Externships and the Program on Law and State Government Externships Every semester students in their second, third and fourth years of law school work at various hospitals and health departments in the Indianapolis area. The Health and Hospital Externships and the Program on Law and State Government Externships are offered for credit.
Bruce Jones, a 2009 graduate, participated in one of the Health and Hospital Externships at Wishard and the Marion County Public Health Department. He said, "It was a great hands-on learning experience. The placements gave me the opportunity both to work autonomously and as part of a team. I would highly recommend every law student apply for the opportunity to work in a great environment and learn what it is like to be a practicing attorney."
Jennifer Lemmon, also a 2009 graduate, participated in an externship at the Indiana State Department of Health. She said, "It was a wonderful opportunity. I was able to experience first hand how law affects the everyday workings of the agency. I felt the projects I worked on were important and that my contributions were appreciated and respected. It was a wonderful learning opportunity and I would recommend it to every law student." The Health and Hospital and the Program on Law and State Government Externships are a wonderful opportunity for students interested in health law to gain real world experience while earning credit toward law school.
Committee Formed by President McRobbie to Identify Ways to Cut Health Care Costs On February 11, 2009, Indiana University President Michael McRobbie announced the formation of a twelve-person, blue-ribbon committee to identify ways to cut health care costs while continuing to deliver high-quality health care to employees and their families on all IU campuses. The committee is chaired by Thomas S. Inui, ScM, MD
, president and chief executive officer of the Regenstrief Institute, which is closely affiliated with the IU School of Medicine. The committee will consider creative health care benefit changes that are intended to slow the rates of increase in health care costs in both the immediate future and over a longer term, while sustaining and improving the health of employees and their families at all eight IU campuses.
INShape Visit to Campus On March 3, Erin Light, an INShape Indiana advocate, visited the IUPUI food court and began an unexpected "INShape mob." The "INShape mob" consisted of Ms. Light encouraging bystanders to join her in an impromptu workout. The workout only lasted moments but reminded students, faculty and guests of our campus that there is always time to fit activity into our days. The visit was to promote Governor Mitch Daniels' launching of a new fitness challenge to Hoosiers, "INShape 150," on April 6, 2009. INShape 150 is a challenge to Hoosiers, to find 150 minutes a week to do moderate aerobic exercise to improve each individual Hoosiers health. For more information please visit:
www.inshape.in.gov.
"Bringing the Pieces Together" AHEC's 2nd Annual Indiana Area Health Education Center Meeting The Second Annual Indiana Area Health Education Center (AHEC) meeting, entitled, "Bringing the Pieces Together," took place on March 24, 2009 at the Marten House on the North side of Indianapolis. Thirty Indiana high school and college students were chosen by their respective AHEC directors, educators, advocates, health professionals and community leaders to participate in the conference. The students had the opportunity to share ideas, discuss workforce development issues, and ways to reduce medical professional shortages in underserved areas. AHEC was founded in 2001 to improve access to quality health care through community-academic partnerships. Goals include connecting students to
health careers, connecting health professionals to underserved sites and connecting communities to better health.
Privacy Disruptions: What They Are and Why They Bother Us On April 1st
2009, Indiana University Purdue University Professor Sandra Petronio gave a presentation entitled, "Privacy Disruptions: What They Are and Why They Bother Us." Professor Petronio has developed a "Communication Privacy Management" theory that states that a relationship requires both public and private boundaries between the feelings we want to share and those we want to keep to ourselves. The use of negotiation and coordinating is required to keep these boundaries well defined. The clarity of the defined boundary is based on the level of intimacy in the relationship. Communication Privacy Management aims to explain the different processes of managing the personal information in a
relationship. The amount of disclosure is focused on both partners in the relationship. The presentation further explained her theory and its applications, specifically to health care.
The "Privacy Disruptions: What They Are and Why They Bother Us" presentation by Professor Petronio was a part of IUPUI's Cutting Edge Lecture Series. The lecture series is designed to allow leading IUPUI professors such as Professor Petronio to engage the campus and community in discussions about rapidly changing fields. The speakers, including Professor Petronio, shared their expertise and insights regarding the applications of their current research endeavors, with particular emphasis on engaging non-specialist, including faculty, staff and students from schools across IUPUI.
First International Cardiovascular Conference: Focus on the Middle East The "First International Cardiovascular Conference: Focus on the Middle East" was held in Indianapolis at the IUPUI Campus Center on April 1st and 2nd
. The conference was a cooperative effort between the American College of Cardiology, the IU School of Medicine Division of Cardiology, the Heart Rhythm Society, and Clarian Health. Cardiologists from Palestine, Saudi Arabia, Israel, Iran, Kuwait, the United Arab Emirates and other Middle Eastern countries gathered to explore and analyze the most current information on imaging, diagnosis, surgery, stroke prevention and other topics. The plenary lecturer was Sir Magdi Yacoub, M.D. and featured speakers included present and past presidents of the American Heart Association, the Israel Heart Society and other distinguished lecturers.
Annual Spring Social was held at Rock Bottom Brewery On April 20th the Health Law Society hosted its annual spring social at the Rock Bottom Brewery Downtown. The event was a huge success. The new Health Law Society Board was formally announced. President, Emily Munson, Vice President, Lisa Rochelle, Treasurer, John Delaney, Secretary, Sarah Orme, and Event & Philanthropy Chair, Rhonda Wood. Practicing attorneys from several law firms in Indianapolis were present.
Language in Healthcare: Future Views The Indiana Center for Intercultural Communication (ICIC) of the English Department at the Indiana University School of Liberal Arts celebrated a decade of research by presenting a 10th Anniversary Symposium, "Language in Healthcare: Future Views."
Five researchers participated in the Symposium panel: Dr. Ulla Connor, who spoke about health communications with underserved populations; Dr. Richard Frankel, who discussed communication in the doctor-patient relationship; Dr. Heidi Hamilton, who spoke about language and Alzheimer's disease; Dr. Sandra Petronio, who addressed medical disclosures to patients; and Dr. Srikant Sarangi, who discussed intercultural doctor-patient communication.
The ICIC, in conjunction with the Indiana University School of Medicine, has developed a language program aimed at improving the communication skills of medical residents. More than 10 percent of medical residents at IU are graduates of international medical schools, and their language barriers can impact their ability to communicate with patients, according to the ICIC.
The program evaluates the communication skills of all incoming residents in the Methodist Hospital Family Medicine program, and then refers more than half of the residents for language training. Because of the influx of foreign-born doctors and patients into Indiana, language training will undoubtedly remain important to healthcare providers.
The American Recovery and Reinvestment Act of 2009, commonly referred to as the "Stimulus Bill," was signed into law by President Obama on February 17, 2009. Tucked into the lengthy Stimulus Bill are major changes to the HIPAA privacy and security requirements that will have a significant effect on "covered entities" - including health plans, health insurers, and long-term care insurers - and on their business associates. 
In March 2009, the United States Supreme Court decided in Wyeth v. Levine
that approval of a drug label by federal regulators does not grant manufacturers immunity from state-level consumer liability claims. This decision, lauded by various public interest groups as a victory for all consumers, could be interpreted narrowly and did not extend to federal agencies the authority to preempt state powers where there is no express preemption clause in the text of the federal rule. Recognizing the role that state-level tort claims play in keeping drug manufacturers accountable to consumers, the Court imposed the duty on pharmaceutical companies of "crafting an adequate label and . . . ensuring its warnings remain adequate as long as the drug is on the market,"
regardless of the label's previous approval by the Food and Drug Administration (FDA). 
Heather A. McCabe '03 co-authors issue brief on the Americans with Disabilities Act Amendment:
Heather McCabe, Executive Director of the Hall Center for Law and Health, collaborated with the IU Center for Health Policy to produce an Issue Brief entitled New ADA Amendment Benefits People with Disabilities and Businesses. This brief outlines the original ADA, discusses some of the important court decisions interpreting it, and then discusses the anticipated impact of the ADAA on both individuals and businesses. 
Hall Center for Law and Health Bids Farewell to Faculty Fellow from Turkey: Professor Halit Yilmaz from the law faculty at Akdeniz University in Antalya, Turkey recently completed his stay at the law school where he researched and wrote on issues surrounding pharmaceutical regulation and the international human right to health. 
IU Law - Indianapolis has Two Top 10 Programs: U.S. News and World Report ranked the law school's Hall Center for Law and Health 10th and the legal writing program 8th in the nation in 2009. Additionally, the school was also in the Top 10 of public law schools offering a part-time program, ranking 7th. 
Hall Center for Law and Health Collaborates on Public Health: The Hall Center for Law and Health, as part of its work on Health Reform, collaborated with the IU Center for Health Policy to release an Issue Brief entitled Public Health Programs Key to Healthy Population, Lower Healthcare Costs. 
Presentations from the Nanotechnology Conference Available Online: On April 15, 2009 the Hall Center for Law and Health co-convened a well-attended symposium on the emerging field of nanotechnology. 