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MSBA Health Law Section
2004-05 Annual Report

Mission

The mission of the Health Law Section is to serve its members and the community by enhancing knowledge of health care laws and regulations, stimulating interest and involvement in the field of health law and promoting collegiality among its members.

History

The Section was established in 1986. It emerged from the MSBA's Medical-Legal Committee, individual lawyers who recognized that the overall health care movement created a special market niche for legal services and the "hospital law" societies that formed in the 1970s. In mid-1970, the Minnesota Society of Hospital Attorneys formed and thrived for more than a decade. The Hennepin County Bar Association Health Law Committee also formed and in 1980 became the MSBA Health Law Committee, which the MSBA recognized as a section in 1986. The MSBA's Medical-Legal Committee, which formed to work collaboratively with Minnesota Medical Association members on issues of common interest, continued after the Health Law Section was established, but the two groups merged around 1991.

Today, the Health Law Section continues its tradition of providing opportunities for professional development and collegiality through frequent short-course CLEs, a speakers' bureau, volunteer initiatives and maintenance of an informative website.

Membership

At the end of the current fiscal year, Section membership totaled 406. Members practice health law throughout the State and in a variety of practice settings, including large and small law firms, trade associations, academic institutions, government agencies and in-house with product manufacturers, service providers, health care facilities and insurers. Section membership is gender and age diverse.

Governance and Management

The Health Law Section's Governing Council, operating under MSBA-approved bylaws, provides overall direction. Members who attend the Section's annual meeting (usually held in May) elect Governing Council members from a slate of candidates. The Nominating Committee presents the slate to the Council, which in turn advances it to Section members for consideration and vote. Council members usually serve three-year terms and generally serve no more than two consecutive terms. Terms are staggered to enhance continuity.

The Governing Council usually meets in September, November, January, March and May. A typical Council meeting agenda includes the secretary's report, treasurer's report, program chair's report, progress updates on current projects, new program ideas and consideration of MSBA business referred to the Section.
Officers are elected by the Governing Council and traditionally rise "through the chairs" from treasurer to secretary, to vice chair, to chair. The chair appoints committee chairs as needed with approval by the Council. Beginning this year, the Council also elected a voting representative and an alternate representative to the MSBA Assembly.

The 2004-2005 Governing Council membership was as follows:

Programs and Activities

In 2004–2005, the accomplishments of the Health Law Section included:

• Offering 9 CLE breakfast meetings;
• Serving as co-sponsor of the Health Law Institute with Minnesota CLE;
• Hosting law students for breakfast meetings;
• Launching a speakers' bureau that is published on the Section website;
• Updating its list of health practice-related website links; and
• Celebrating Law Day by manning a rest stop for the MS Society's MS Walk

CLE Breakfast Meetings

In 2004-2005, the Section sponsored a number of well-attended health law seminars: seven breakfast meetings in Minneapolis, one luncheon meeting in Saint Paul and one breakfast meeting in Saint Cloud. The Section continued its tradition of encouraging law student interest by offering its breakfast CLE sessions to a limited number of students without charge on a first-come-first-served basis (which is publicized through the law schools and registration forms).

The Section is grateful to all presenters who generously shared their time and talent in delivering the following programs:

It has been an honor and pleasure to serve as Chair of the Health Law Section.

Respectfully submitted,
Diana J. Vance-Bryan

MSBA Health Law Section
2003-2004 Annual Report

Mission

The Health Law Section serves its members and the community by enhancing knowledge of health care laws and regulations, stimulating interest and involvement in the field of health law, and promoting collegiality among its members.

History

This Section was established in 1986. It emerged from three sources: the Minnesota State Bar Association·s Medical-Legal Committee, formed to operate as a liaison between the Minnesota Medical Association; lawyers who recognized that the over-all health care movement created a special market for legal services; and the ·hospital lawyer· societies that formed in the 1970·s.

First, MSBA established its Medical-Legal Committee, composed of malpractice and personal injury attorneys, to work with the Medical Association on such issues as medical-records discovery. That Committee continued after the Health Law Section was established, but the two groups merged in or about 1991.

Second, in the early 1970·s, lawyers recognized that the developing health care industry generated a distinct market for legal services. Medicare·s creation in 1965 drove this movement. In the early years ·health law· involved little more than Medicare and health insurance, hospital medical staff organization issues, the doctor-patient evidentiary privilege, and medical malpractice law. Nevertheless, these common areas of interest coalesced into an area of law that is health care-based and lawyers saw that. The first attorney organization formed in response was the American Hospital Association·s American Society of Hospital Attorneys, which was established in 1971.

Third, a collection of Minnesota health law groups (in addition to the MSBA Medical-Legal Committee) developed in the mid-to-late 1970·s. The Minnesota Society of Hospital Attorneys formed in about 1976 (and continued for about 15 years). The Hennepin County Bar Association Health Law Committee later formed and maintained a parallel existence. The Hennepin County Committee became the MSBA Health Law Committee in 1980, which the MSBA recognized as a section in 1986.

The Minnesota Health Law Section has an enviable record of professional service and achievement. The Section·s lawyers provide sound advice and effective representation to their clients. They are dedicated to remaining up-to-date in a complex and rapidly changing field.

The Health Law Section provides opportunities for professional development and enhanced knowledge with an emphasis on frequent meetings and updates, short-course CLEs, and law student development.

Membership

Health Law Section members serve the gamut of the health care industry:

• Health care providers: doctors, dentists, psychologists, nurses, hospitals, nursing homes, surgery centers, pharmacies, home health care agencies, hospices, and other providers;
• Insurers and payors: malpractice insurance companies and their insureds, health insurers, and managed care organizations;
• Health-care-related professional and trade associations;
• Manufacturers: pharmaceuticals, medical nutrition, and medical devices;
• Quality review organizations;
• Health care consumers and consumer advocacy groups;
• Governmental agencies that provide health services, fund health care services, or regulate providers of health care services.

In 2003-2004, Section membership totaled almost 400. Members practice health law throughout the State and in a variety of settings, including large and small law firms, trade associations, academic institutions, government agencies and various corporations. Areas of expertise include antitrust, credentialing, licensure, fraud and abuse, compliance, privacy, managed care and state and federal regulation. Section membership is gender diverse. Past experience and current practice provides full involvement of both men and women in leadership roles and female members outnumber male members in the Section.

Governance and Management

The Health Law Section·s Governing Council, operating under MSBA-approved bylaws, provides overall direction. Members who attend the Section·s annual meeting (usually held in May) elect Governing Council members from a slate of candidates. The Nominating Committee presents the slate to the Council, which in turn advances it to Section members for consideration and vote. Tradition holds that the Council members reflect the membership in terms of age, gender, and practice setting. Council members usually serve three-year terms and generally serve no more than two consecutive terms. Terms are staggered to enhance continuity.

The Governing Council usually meets in September, November, January, March and May. A typical Council meeting agenda includes oversight of financial operations; plans for monthly CLE breakfast meetings; progress updates on current projects, such as the Section·s web site; new program ideas; consideration of MSBA business referred to the Section; and occasional communications from outside organizations, e.g., State Department of Health or the law schools. The officers are elected by the Governing Council and traditionally rise ·through the chairs· from treasurer, to secretary, to vice chair, to chair. The chair appoints committee chairs as needed with approval by the Council.

The 2003-2004 Roster was as follows:

Patricia Winget Chair

Diana Vance-Bryan Vice Chair

Paul Harris Secretary

Susan Gannon Kratz Treasurer

Lucinda E. Jesson Program Chair and Ex Officio

Council Members:
Doreen A. Mohs
Jeffrey W. Reed
Murray G. Sagsveen
Susan A. Casey
Diana J. Vance-Bryan
Aaron M. Rodrigez
Thomas F. Pursell
James B. Lund
Thomas L. Skorczeski
Michael J. Weber
Paul Begich
Elizabeth D. Moran
Neal N. Peterson
Mary E. Prentnieks
Judith M. Walker

MSBA Staff:
Renee Anderson
Mary Kempton

Programs and Activities

In 2003·2004, the Health Law Section accomplished the following:

• Held nine monthly health law CLE breakfast meetings (the strongest of our traditions and the back bone of the Section);
• Co-sponsored the all-day Health Law Institute with Minnesota CLE;
• Hosted law students for breakfast;
• Maintained a list of health practice-related web site links; and
• Agreed to provide certain matching funds as ·seed money· to an ad hoc US-Iraqi physician network for creating a US-based web site to assist Iraqi and US physicians reestablish viable specialty medical associations in Iraq.

CLE Breakfast Meetings

In 2003-2004, the Section sponsored the full complement of monthly health law breakfast seminars. The nine programs, which were each approved for one (1) hour of CLE credit, were:

• Fraud and the Pharmaceutical Industry: the AG Perspective September 19, 2003
• The Role of a Lawyer When Your Client is Under Investigation October 17, 2003
• Medicare & Medicaid Basics November 21, 2004
• Prescription Drug Reform in Minnesota December 19, 2003
• 2004 Legislative Preview January 16, 2004
• Medicare Reform February 20, 2004
• The Impact of Sarbanes-Oxley on Ethics and Governance* March 19, 2004
• Enforcement Priorities at CMS April 16, 2004
• 2004 Legislative Wrap-up May 26, 2004

In 2003·2004, the Section welcomed law student interest by offering monthly breakfast CLE sessions to students. A limited number of students may attend without charge on a first-come-first-served basis (which is publicized through the law schools).

Finances

The Section began the operating year with an investment balance of $12,839.38 and an operating deficit of $1,423.45, which is an anomaly of MSBA accounting. Dues income was $6,741.00 and income in meeting fees was $5,785.00, for total income of $12,526.00. Expenses (primarily for room and food for meetings and administrative and clerical support by the MSBA) totaled $12,117.95. Accordingly, the year ended with an operating surplus of $408.05 and a reserve of $12,976.87. Consequently, the Section·s year-end balance was $11,961.47. Of this balance, $1,500.00 is committed as matching funds to the ad hoc US-Iraqi physician network discussed in Programs and Activities above.

Recommendations

My sole recommendation is that the Section maintain its focus on the strong breakfast programs that have long been its mainstay. In my long tenure as a member of the Governing Council, my ideas have borne fruit through the Council·s work. So, instead of making additional recommendations, I look forward to future developments that my capable successors undertake, knowing they have both the people and financial resources to accomplish them.It has been an honor and pleasure to serve as Chair of the Health Law Section.

Respectfully submitted,
Patricia Winget

MSBA Health Law Section
1996-97 Annual Report

Health Law Section members provided leadership and guidance to Minnesota's thriving healthcare community. The Health Law Section continued its sponsorship of monthly CLE breakfast meetings during the "academic" year under program chair Patricia Winget. These meetings covered current topics in Minnesota and provided a forum for interaction with state leaders in the health care field. The section renewed publication of its newsletter and presented a Health Law Update CLE at the MSBA annual convention. The section also initiated a health law writing competition at local law schools for 1997-98.

Gordon J. Apple,
Chairperson

- Last Updated 10/24/06 -