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25 Health Law. 1 (2012-2013)

handle is hein.journals/healaw25 and id is 1 raw text is: EkE THE ABA HEALTH LAW SECTION HEAL TH H LAWYER Chair's Column .................... 2 Federal Preemption of Drugs and Devices - Consequences for Injured Patients? ............. 4 New Rules Will Affect Deferred- Compensation Arrangements of Tax-Exempt and Governmental HealthCare Organizations ....... 15 State of the Section ............. 31 Health Care Marketing: A Tricky Operation ............. 34 Pitfalls in Healthcare Mergers and Acquisitions - Emerging Issues ................................ 42 Section Calendar ....... Back Cover AMERICAN BAR ASSOCIATION Health Law Section Volume 25, Number 1, October 2012 By Marla Durben Hirsch, Editor Back in 1982, the ABA's Forum Committee on Health Law was not yet a full-fledged Section, but it had the foresight to realize that its members needed a publication to address the legal issues that affected the health law community, and launched The Health Lawyer. The eight-page newsletter consisted of one article, Corleto: A Paper Tiger? by Edward Hollowell, Hollowell & Silverstein, Raleigh, NC, analyzing the expan- sion of the doctrine of corporate negligence to hospitals. The publication grew in fits and starts, eventually becoming the iconic and venerable journal you see before you today, and reflecting just how much it, and health law, has evolved in the past 30 years. Just to give you some perspective, back in 1982: * Ronald Reagan was president * Michael Jackson released Thriller The average cost of gasoline was 91 cents a gallon Time's 'Man of the Year' was the computer Tootsie, E-T and Chariots of Fire were released Anne Hathaway, Seth Rogan, Andy Roddick and Prince William were born; Leonid Brezhnev, John Belushi and Princess Grace died * The Stark Law and HIPAA didn't exist The Department of Health and Human Services, formerly the Department of Health, Education and Welfare, was only two years old; The Centers for Medicare & Medicaid Services was still known as the Health Care Financing Administration Most people thought that 'health law' consisted only of medical malpractice work continued on page 3

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