MINUTES OF THE HEALTH LAW SECTION COUNCIL
COLORADO BAR ASSOCIATION
CBA Offices, 1900 Grant Street, 9th Floor
June 12, 2002
For attendance by phone: Call-in Number: 1-888-281-5524
Pass code Number: 303-824-5321
Present:
Rick Murray
Darlene Ebert
Greg Smith
Sarah Meshak (by telephone)
Carla LaRosa (by telephone)
Leader Pin Number: 5321
Project Code/Account Number: 132500
Absent:
Linda Siderius
Ann McCullough
Carolyn Clawson
Barbara Kakenmaster
Kathleen Shea
Mike Schmidt (by telephone)
Anne Cox (by telephone)
The meeting was called to order by Chairperson Rick Murray at approximately 8:40 a.m.
Approval of Minutes
The minutes from the April meeting were approved.
Old Business
1.
Web Site Status:
Greg Smith reported that he and Rick Murray have not had the opportunity to talk with Greg Martin about the problems with the web site and list serve yet, but they still plan to do this. A member can no longer access the list serve to send an announcement or question, but must go through the CBA staff. Two-way communication with members no longer occurs; rather, only outgoing messages are allowed. Greg believes that access is being controlled because of concern that members could be bombarded with too many messages. With regard to the general web site, updates must be sent to the web mistress for posting. Greg reported that the self-editing mechanism of this new system is not “self-intuitive”.
He is to get training from the CBA, but this has not been set up. The lead person to contact at CBA for postings is Mel Reveles, who will direct others on her staff to handle the request. CBA staff is posted on the CBA web site for more information.
2.
Brown Bag Seminars:

Darlene Ebert and Anne Cox reported that Robyn Meinhardt spoke in May concerning HIPAA, and there was a good turn-out. George Dikeou is scheduled to present the Legislative Update at the next Brown Bag session, which is next
Wednesday, June 19 th
. Notice was sent via e-mail. Rick requested Council members to remind their colleagues.
Discussion ensued concerning educational sessions for the upcoming year. Since there is no longer a CBA convention, the question was raised about scheduling a half-day educational session. Ann suggested the topic of the FTC’s allegations against physicians of price-fixing. Mike Schmidt indicated that he is involved in this case and would be willing to take the lead on a session concerning theories and defenses in dealing with the FTC, to be presented sometime this fall.
With regard to planning other educational seminars, Sarah Meshak informed the
Council that Mike and Ann have both indicated a willingness to head up the
Educational Committee. Sarah proposed that they be designated as co-chairs of the Committee. Darlene indicated that she could assist as necessary.
Ann Cox informed the Council that CMS is in the process of setting up a session in Denver on July 18 th
to discuss access problems with physicians. COPIC and
3.
Newsletter: the Medical Society have been asked to be involved, but this is still in process.
Ann will let the Council know more when details are available.
There was no discussion concerning the Newsletter.
3.
Financial Report:
Carla LaRosa reported a balance of $8,952.87 as of May 31, 2002, which is down approximately $350 from the balance previously reported. The major expense appears to be for “meals”, presumably for the Brown Bag Seminars. The
Financial Statement for May indicates $220 income from meals, but $563 in expenses for meals. Following discussion, Carla was asked to follow up with
CBA to find out why this has occurred. Rick offered to assist if necessary.
Carla reported that a check from HFMA, in the amount of $451.77 for the
November, 2001 joint meeting, has been received. However, the payment for the joint meeting in 2000 remains pending. Carla will follow up with Ellen Stewart about this.
Rick reported that the $1500 donation to The Red Cross, which was previously approved by the Council, will be sent this week and will show up on the next statement.
4.
Board of Governors:

Sarah Meshak reported no new issues relevant to the Health Law Section from the
Board of Governors. She offered to email the minutes and agenda from the last
Board meeting if anyone is interested.
New Business
1. CBA Participation as Amicus Curiae .
Rick reported receipt of a letter from Chuck Turner, CBA Executive Director, concerning a request by the Business Law Section to submit an Amicus brief to the Colorado Supreme Court in the Giampapa vs. American Family Mutual
Insurance case relating to the issue of non-economic damages in breach of contract cases. Apparently, the CBA Bylaws or regulations require notification to other sections in the event that a section wishes to participate in this manner.
Rick reported that the approach being advocated by the Business Law Section is re-affirmation and clarification of the current law relating to this issue. Rick offered to send the information via e-mail to anyone who is interested in more information on this.
2. Slate of Officers and Committees.
Sarah reported on the slate of officers, council members and committee chairs proposed for the next year. With regard to the Officers: Rick Murray moves to
Past Chair and Board of Governors representative; Linda Siderius moves to Chair;
Darlene Ebert to Chair Elect; Mike Schmidt as Vice Chair; and Carla LaRosa as
Secretary-Treasurer.
There are two classes of council members having two-year terms, which are staggered. The Class I council member slate includes Jennifer Sullivan from
Caplan & Earnest and Catherine Ann Traugott from Faegre & Benson. The third position is currently held by Carolyn Clawson, who is interested in continuing as a council member. Darlene Ebert indicated that this is not precluded by the
Bylaws. The Council concurred with Carolyn remaining on the slate. However, because she does not have e-mail, better efforts will need to be made to provide her notices via facsimile. Class II members terms will expire June 30, 2003.
Those members are Ann Cox, Greg Smith and Barb Kakenmaster.
The slate for committee chairs is as follows: Mike Schmidt and Ann Cox as cochairs of the Educational Committee; Patrick O’Rourke for the Newsletter
Committee; Greg Smith for the Web Site Committee; Kathleen Shea for the
Colorado Lawyer Committee. After some discussion, it was decided that the
Legislative and Public Relations Committee would be allowed to lapse at this time.
The official rollover date for officers, council members and committee chairs is
July 1, 2002. The slate will be sent by mail to Section members, who will have
10 days to submit a petition for alternate candidates. If no petitions are submitted, the slate will stand. Sarah will mail the slate next week.

3. Meeting schedule for 2002-2003
After discussion, the consensus was to continue the meetings bimonthly, even months, but to begin fifteen minutes earlier, i.e., at 8:15, to accommodate schedules. The meetings will continue to be held at the CBA offices, unless
Linda Siderius, the in-coming president prefers the meetings be held at her office.
The option to attend by telephone will continue, and Rick will confirm the telephone number. The numbers to call in will appear on the minutes.
4. Sarah announced that this will be her last meeting on the Council. The Council thanked her for all the work she’s done for the Health Law Section.
5. Next Meeting: The next meeting will be at 8:15 a.m., Wednesday, August 14,
2002, at the CBA Office, 1900 Grant Street, 9th Floor, unless changed by incoming Chair, Linda Siderius.
The meeting was adjourned at approximately 9:45 a.m.
Respectfully submitted by Carla LaRosa, Secretary-Treasurer