Just when you thought it was safe to come out into the open, Congress is at it again. On August 5, 1997, the President signed the Balanced Budget Act of 1997, which, as we have come to expect, includes a series of provisions designed to strengthen the government's hand when it comes to identifying, investigating, and prosecuting fraudulent and abusive activities. In addition, the Act includes a number of far-reaching provisions designed to address reimbursement for health care services. We discuss the Act in detail from various perspectives in this issue of the Health Law Alert.

We are pleased to report a number of our recent successes with respect to litigation of health care issues, several of which are highlighted in this issue. First, the Court of Appeals in the Ninth Circuit took action supportive of our challenge to the Medicare Manual provision which bans coverage for hospital services involving investigational devices. In a separate case, the Court of Appeals in the Fourth Circuit affirmed our position that the government's search of our home health client's premises was illegal. Consequently, the court required that all records seized during the search be returned to our client.

This issue of the Health Law Alert includes a series of articles which are intended to provide insight and helpful guidance to our readers. First, we report on a number of developments which result from the Health Insurance Portability and Accountability Act of 1996, including the first three advisory opinions issued by the OIG. Other articles address significant employment, tax, and antitrust issues. Further, we address the legal issues which relate to health care information systems. Finally, we present a review of the critical issues surrounding the extent, and limitation, of the attorney/client privilege in health care fraud and abuse litigation.

In our continuing efforts to expand our client services, we welcome Marc Cohen, Kay Scanlan, and Bill Mathias to our Health Law Department. These individuals bring valuable and varied backgrounds and perspectives to the issues of concern to our clients.

Based upon favorable comments we received regarding our last issue of the Health Law Alert, we have continued and improved upon our new format which first appeared in the winter/spring edition. We truly value your comments and suggestions in our effort to not only report on new developments, but to do so in a manner which maximizes the value and guidance which we bring to you. Keep those cards, letters, and phone calls coming.

Sandy Teplitzky, Department Chair