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Professor Bryan Liang Quoted by Associated Press on College Health Choices

July 28, 2010. The challenges for students and families as the new school year rolls around include a key issue: how to choose health insurance in the context of health reform. Executive Director Professor Bryan A. Liang was interviewed and quoted in an AP story on the topic.

Professor Liang noted that with health care reform rules being implemented just as the academic year starts, students and parents should review what their own insurance covers, and what are the alternatives available. He warned that school-based health plans can be very limited, and colleges often reject a student’s private insurance. Hence, he indicated that careful planning as to student coverage, and identification of provider access points at and around schools should be of paramount importance. Future health care reform rules may ultimately allow broader access to care on campus by requiring schools plans to take external health insurance plans.

The story is “Test 1 for college students: Picking an insurer,” by Candice Choi, Associated Press Personal Finance reporter, July 28, 2010.

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IHLS 6th Annual Erizen Sei Bowles Feed A Friend Food Drive Begins

July 1, 2010. Currently, there are over 16,000 homeless men, women and children throughout San Diego County. During the summer months, the Alpha Project’s food bank is very low and they are in need of non-perishable food items. Starting July 1st and throughout the month of July, IHLS will be collecting food items to help replenish the food bank for our homeless community here in San Diego.


Institute Executive Director Professor Bryan A. Liang stated that "Our students and faculty at CWSL take an active role in helping with food donations that make a real difference in our local community. This is an annual event and this will be our sixth year assisting in this key community effort."

The Erizen Sei Bowles Feed A Friend Food Drive is named after Erizen Sei Bowles, a former CWSL student and IHLS President, who lost his life in an accident three years ago. He had a special interest in the plight of the homeless. The Food Drive is coordinated by Pam Tait, Program Administrator of IHLS.

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IHLS Assists the Surfrider Foundation with Environmental Cleanup

June 26, 2010. IHLS joined forces with hundreds of people to work on beach cleanup in Pacific Beach. This is a large problem in San Diego with the all the trash that washes up on the coastal shores along with beachgoers leaving trash behind.

For three hours, IHLS picked up trash and placed them in trash bags along Pacific Beach and Mission Beach Shores. Following the trash pickup, IHLS joined over 200 local citizens in Hands Across the Sand. This event was to promote clean energy for coastal and marine environments. There were over 200 events conducted on Saturday to make our coasts healthier and 16 of these events were held here in San Diego.

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Professor Bryan Liang Interviewed on California Nursing Strike Issues

June 7, 2010. As June 10, 2010 approaches, the largest US nurses strike looms in California and Minnesota. University of California has indicated it will attempt to obtain an injunction against the announced strike. KPBS interviewed Professor Bryan Liang on the issues in the case.

Professor Liang noted that the nurses and physicians have been limited in their ability to strike because of challenges to patient care delivery. However, he also noted that patient safety risks are associated with current nursing complaints of minimal enforcement of state-mandated nurse-patient ratios. Dr. Liang noted that the collective bargaining agreement will have to be clarified to determine whether it allows nurses to strike under these conditions.

Professor Liang was interviewed by Kenny Goldberg, KPBS Health Correspondent.

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San Diego Physician Features Professor Bryan A. Liang and the San Diego Health Policy Conference

May 28, 2010. The challenges of pharmaceutical trafficking have been noted in a wide array of settings, including the recent 6th Annual San Diego Health Policy Conference. San Diego Physician featured Professor Bryan Liang and the other speakers at the San Diego Health Policy conference in discussing this important public health concern. It noted the challenges for medicine and law, and indicated that cooperation between the two fields should be a priority if the problem is to be effectively addressed.

The article is "Illegal Trafficking of Prescription Drugs," by Adam Dorin, MD, MBA, in the May 2010 issue of San Diego Physician.

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IHLS Executive Director Bryan Liang Interviewed by KCBS on Health Reform Impact on Employers

May 24, 2010. The complexities of healthcare reform are still to be shaken out. Even employers have little idea of how healthcare reform may impact them. KCBS interviewed Professor Bryan Liang to provide some information on this topic.

Professor Liang noted that almost 1/3 of employers in a new study had no idea how much reform would cost them. Dr. Liang also indicated that issues associated with the excise tax on “Cadillac” health insurance plans, integrating part-time workers, and offsetting the cost of adding young adults to employee plans have created great challenges for employer costs during these difficult economic times. He predicted that the costs of reform will lead employers to avoid as long as possible the mandates associated with the reform legislation.

Dr. Liang was interviewed by KCBS News Anchor Rebecca Corral.

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Los Angeles Daily News Publishes Opinion Editorial on Mandatory Vaccinations by Professor Bryan Liang

May 20, 2010. Healthcare reform has focused on the costs of care. Yet prevention is often a low cost intervention to avoid the high costs of medical treatment. Vaccines offer this benefit; yet California does not mandate pneumococcal vaccination for high risk persons - specifically, children in day care centers.

Professor Bryan Liang authored an opinion editorial for the Los Angeles Daily News outlining these concerns. He called for regulatory mandates by the state Department of Health for vaccinations for children entering day care to promote public health and reduce healthcare treatment costs.

The opinion editorial is entitled "Mandatory Vaccination: Saving Lives and Money" in the May 20, 2010 issue of the Los Angeles Daily News.

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IHLS Member Professor Fusako Seki Meets with Japanese Ministry of Health Labor and Welfare

May 17, 2010. The challenges of rising healthcare costs of the elderly are being faced globally. Japan is facing these challenges intensely, as its population is one of the oldest in the world. To address these issues, Japan has enacted a new independent health care system for the elderly aged 75 or order in 2006, with enforcement beginning in 2008. However, the new government has announced that it will abolish this system due to its unpopularity. IHLS Member Professor Fusako Seki briefed the Reforming Conference of Health Care System for the Elderly of the Japanese Ministry of Health Labor and Welfare. She talked about Medicare in the USA and the ideology of ageism, and how these lessons could be applied in Japan.

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Health Law Society and Institute of Health Law Studies Featured in Two San Diego Blood Bank Publications

May 17, 2010. The Health Law Society and the Institute of Health Law Studies at California Western School of Law were featured in two publications of the San Diego Blood bank. HLS and IHLS were honored for their top level achievement in blood drives over the past year, with pictures of Dr. Bryan Liang, IHLS Executive Director, and the CWSL community.

The San Diego Blood Bank publications are The Group Difference Newsletter, March 2010 issue on page 2, and The Donor Difference, April 2010 issue, also on page 2.

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Chronicle of Higher Education Publishes Commentary on College Health by Professor Bryan Liang

May 16, 2010. The healthcare reform provisions seemingly covered a broad swath of the uninsured. Yet a key group - young adults - still represent the shadow uninsured.

In an invited Commentary in the Chronicle of Higher Education, Professor Bryan Liang reviews the poor state of college and university sponsored health programs. He notes investigations of conflict of interest, school exclusion of private insurance, as well as poor insurance policy choices by schools that focus on profits to the school rather than the best interests of students. He called for schools to revamp their programs under healthcare reform by renewing their fiduciary duty through choosing plans based on student benefit and/or accepting student private insurance.

The Commentary is "How College Health-Care Plans Fail Students," in the May 16, 2010 online edition and the May 21, 2010 print edition of the Chronicle of Higher Education.

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Daily Journal Interviews Professor Bryan Liang on High Risk Pools in Healthcare Reform

May 7, 2010. Healthcare reform provisions include establishment of state high-risk pools for the uninsured, underwritten by the federal government. Yet there may be issues of practicality when it comes to implementation. The Daily Journal interviewed Professor Bryan Liang on the topic.

Professor Liang noted that the underwriting of these high risk pools would only be a one-time payment by the federal government; yet the scope and extent of services and coverage will deplete that funding before full healthcare reform is put into place. As well, the federal pool would provide better and more extensive services that the state pool, opening the state to discrimination claims. He called for an assessment and alternative funding to ensure equity and coverage until full healthcare reform provisions are put into place.

The story is "Insurance Pools to Be First test for Health Reform," by Evan George in the May 7, 2010 issue of the Daily Journal, page 3.

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Professor Bryan Liang Quoted in Article on Counterfeit Drug Seller Use of Twitter

May 6, 2010. Social networking has been a tremendous boon to individual and commercial communications strategies. Yet criminal elements have also taken note and used these tools to promote illegal activities. One area identified is the sale of counterfeit drugs.

Secure Pharma quoted IHLS Executive Director Bryan A. Liang, who is also the Partnership for Safe Medicines Vice President on this topic. Dr. Liang noted that these activities are spreading, and law enforcement must be given adequate legal tools to shut down these operations. Twitter and other social networking systems must take note that their sites are being used for illegal activities, and terminate these account holders while cooperating with law enforcement investigators.

The story is “Rogue pharmacies turning to Twitter to peddle drugs,” by Phil Taylor, in the May 6, 2010 edition of Secure Pharma.

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IHLS Executive Director Bryan A. Liang and Research Associate Tim Mackey Publish Perspectives Piece on Accountable Care Organizations in Daily Journal

May 5, 2010. Healthcare reform has focused upon the escalating costs of health care. Importantly, strategies are contemplated by the legislation to reduce costs while increasing quality and efficiency. Accountable Care Organizations have been touted as one viable strategy.

Professor Bryan Liang and Research Associate Tim Mackey discuss the potential for ACOs to accomplish these goals. However, they note significant legal concerns that must be addressed before healthcare providers can begin accessing incentive funds for ACOs. These include corporate legal issues of infrastructure to fraud and abuse as well as antitrust rules.

The Perspectives piece is entitled “The ABCs of Accountable Care Organizations,” on page 6 of the May 5, 2010 issue of the Daily Journal.

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Washington Post Interviews Dr. Bryan Liang on Anesthesiology Board Announcement of Sanctions for Participating in Lethal Injection

May 2, 2010. The recent announcement that the American Board of Anesthesiology will sanction anesthesiologists by revoking their certification if they participate in capital punishment has once again raised the issue of lethal injection, the death penalty, and physician participation. The Washington Post interviewed Professor Bryan Liang, who has written extensively on the topic.

Professor Liang, a physician and a member of the UCSD Department of Anesthesiology, indicated that although there have been many pronouncements prohibiting physician participation in capital punishment, the move by anesthesiology signals a strong policy statement backed by sanction. Because of concerns within anesthesia of “medicalizing” capital punishment using the field’s key skills, Dr. Liang noted that this statement is an important signal that it would not participate nor tolerate its professionals doing so.

The story is “Group to censure physicians who play role in lethal injections,” by Rob Stein, on page A1 in the May 2, 2010 issue of the Washington Post.

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Wall Street Journal Article on College Health Quotes Professor Bryan A. Liang

May 1, 2010. The passage of healthcare reform legislation attempted to address key issues for young adults. Yet these efforts have ignored a growing problem of access to healthcare on colleges campuses for these students. The Wall Street Journal interviewed Professor Bryan Liang, who has written extensively on the topic, for his thoughts.

Professor Liang noted that the current system results in a “shadow uninsured”, where both uninsured as well as students with private or public insurance are uninsured when entering the campus grounds. Generally, unless students and their families pay for the limited coverage, high cost sharing insurance offered by schools who profit off these plans, schools will charge students more for services than those who paid for the school’s plan. Hence, students and families may pay multiple times for care yet get poor service on campus.

The article is “Don’t Get Sick on Campus: Some Colleges Overcharge Students With Private Insurance; Late Fees Can Spiral,” by Mary Pilon in the May 1, 2010 issue of the Wall Street Journal.

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Radio Health Journal Interviews Professor Bryan Liang on Counterfeit Drug Risks

April 28, 2010. The growing concerns regarding fake and substandard drugs continue as increasing scrutiny of the drug supply chain shows vulnerabilities. Radio Health Journal interviewed Professor Bryan Liang on this public health threat.

Dr. Liang explained how poor quality and substandard drugs can be introduced into the legitimate supply chain, and the difficulties of detecting these illicit forms. He also noted that the Internet has fueled the entry of criminal actors into this market. He called for tightening of the supply chain, elimination of Internet drug sales unless accredited by the National Association of Boards of Pharmacy, and global law enforcement cooperation to identify and prosecute criminals engaged in these activities.

Dr. Liang was interviewed by Reed Pence, host of Radio Health Journal. Radio Health Journal airs weekly on more than 430 stations nationally.

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IHLS Participates in Rady Children’s Hospital First Call-a Thon “Dialing for Miracles”

April 27, 2010. As members of the Rady’s Children’s Hospital Auxiliary, IHLS assisted with calls for its inaugural call-a-thon, “Dialing for Miracles.” The purpose of the event was to collect donors to support the kite tiles that will be displayed in the new Acute Care Pavilion scheduled to open at Rady Children’s Hospital on October10, 2010. The motto for the event was: Build Hope: One Kite at a Time.

IHLS participates in a wide array of community service activities with Rady Children’s Hospital, including its annual Valentine’s Day Party for pediatric cardiac patients and their families.

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Executive Director Bryan A. Liang Gives Global Governance Presentation in Global Health Program

April 27, 2010. Public health concerns, such as infectious disease, emergency preparedness, and climate change, do not confine themselves within geopolitical borders. Hence, it is essential that global governance systems are put into place to timely address this reality.

IHLS Executive Director Professor Bryan A. Liang gave a presentation to the Global Health Program at UCSD-SDSU that described the concept of global governance, its weaknesses, and policy principles and factors for analysis. He indicated that "The focus for those involved in global governance efforts is situational awareness: what are the issues, factors, concerns, and systems that promote or conflict for the parties." However, Dr. Liang also noted that "We must also be aware that the forum itself is a stakeholder, and it must be assessed to determine what direction - cooperation or conflict - is the relevant possibility as the chosen resolution."

Dr. Liang’s presentation was entitled, "Considerations of Global Governance: Principles for Policy Promotion." He was asked to give the presentation by Professor Thomas Novotny, MD, MPH, Director of the UCSD-SDSU Global Health Program.

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IHLS Supports La Jolla Kiwanis Run for Charity

April 24, 2010. IHLS assisted the Kiwanis in its 39th Annual La Jolla Half Marathon Run held April 24-25, 2010. IHLS volunteers helped runners pick up their race packets as well as distributed t-shirts to all participants. It was a beautiful weekend and the event was sold out. All proceeds from the run will be used to benefit youth and elder programs in the community.

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Professor Bryan Liang Gives Counterfeit Drugs Presentation to European Oncology Nurses

April 15, 2010. The challenges of counterfeit drugs cut across many patient groups. Yet the most vulnerable patient populations, such as victims of cancer, are particularly affected. Nurses often are one of key healthcare providers that monitor medications and their impact on cancer patients.

Professor Bryan A. Liang provided the European Oncology Nursing Society with a total overview and experience of public health work that assesses the problems of counterfeit drugs. He noted that both limited provider suspicion in combination with legal holes and supply chain challenges makes oncology nurses one of the last barriers to harm from counterfeit and substandard drugs.

The presentation was entitled, "Systems Warnings: Oncology Nursing and Patient Education on Substandard Drugs," at the 7th European Oncology Nursing Association 7th Spring Convention in Den Hague, Netherlands on April 15, 2010.

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IHLS Receives Life Level Four Crystal Award from San Diego Blood Bank

April 12, 2010. With the assistance of the student Health Law Society, IHLS reached the pinnacle group level possible for blood donations, the Life Level Four Member. Life Level Four Members exemplify the highest level commitment to community service and play a leading role in ensuring that the community has a plentiful blood supply available for patients in need.

Executive Director Professor Bryan A. Liang noted that “this is one of the most important community service activities we are fortunate to able to participate in. The ability to literally give the gift of life through our blood donation efforts allows us to have a truly positive impact on the society around us.”

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Daily Journal Interviews Professor Bryan Liang on Disability Bill in Assembly

April 7, 2010. The challenges faced by disability insurance policyholders in California have grown as instances of the Department of Insurance not protecting consumers against insurer abuses have been reported. The use of “discretionary clauses” by disability insurers to usurp full judicial review has been highlighted. AB1868 by Assembly Member Dave Jones, to address these insurer clauses has been introduced.

The Daily Journal interviewed Professor Bryan Liang for his comment on the bill’s provisions. He noted that he supported the bill, which would require the Insurance Commissioner to reject disability policies with these clauses, and noted that such a bill would not run afoul of federal law according to recent jurisprudence. He was also asked to testify in favor of the bill, and his written testimony will be part of the Insurance Committee’s assessment.

The story is “Bill Seeks to Level Playing Field for Diabled,” by Evan George in the April 7, 2010 edition of the Daily Journal.

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Daily Journal Publishes Perspective Piece by Professor Bryan Liang and Research Associate Tim Mackey

April 7, 2010. The recent mandated disclosure by Pfizer of $35 million in payments to healthcare providers in the latter half of 2009 illustrates challenges associated with drug company relationships with individuals. Yet these disclosures may not be enough to address conflicts of interest with an ignored group: academic research institutions. Professor Bryan Liang and Research Associate Tim Mackey published a Perspectives piece in the Daily Journal outlining the need to focus upon institutional conflicts of interest.

Professor Liang and Mr. Mackey discussed the challenges with institutional conflict of interest and pointed to the many factors influencing entities and their researchers that may impact patient safety. They called for a “centralized system” that can separate industry influence from academic activities to promote effective and efficient progress in scientific knowledge that ensures patient safety.

The Perspectives piece is entitled "Confronting Conflict of Interest" in the April 7, 2010 issue of the Daily Journal on page 7.

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San Diego Business Journal Story Features IHLS San Diego Health Policy Conference

April 5, 2010. With the increased focus on healthcare reform, many have touted the benefits associated with reduced drug costs in the passed bills. Yet a key area that has not been addressed is prescription drug trafficking. The San Diego Business Journal covered the 6th Annual San Diego Health Policy Conference, which discussed these very concerns.

The story focused on the challenges associated with fraud and billion dollar losses associated with pharmaceutical trafficking and crime. It quoted IHLS Executive Director Bryan Liang, as well as conference participants Cesar Arias, former Florida health department inspector, Florida Statewide Prosecutor William Shepherd, and Florida Special Prosecutor Oscar Gelpi.

The story is "Prescription Drug Trafficking Threat to Health Care: Bootlegging Legal Drugs Through Illegal Channels a Growing Concern," by Heather Chambers. The San Diego Health Policy Conference was entitled "Pharmaceutical Crime: Investigating and Prosecuting Drug Diversion and Counterfeiting." IHLS hosts the San Diego Health Policy Conference each year.

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University Business Publishes Op Ed by Professor Bryan Liang on Student Access to Healthcare Under Reform Bills

April 2, 2010. The challenges with student health access may not be addressed by healthcare reform legislation. Professor Bryan Liang pointed to the challenges associated with student access to healthcare on campus in an opinion editorial published in University Business. He indicated that schools must be better stewards of student funds, and called for schools to adopt health reform principles to ensure access to healthcare on campus.

The editorial is entitled, “Healthcare Reform: Opportunities to Address the Shadow Uninsured Student,” published in the April 2010 edition of University Business.

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American Medical News Covers Testimony by Professor Bryan A. Liang on Insurance Rescissions

March 29, 2010. With healthcare reform bills passed, there are still questions regarding insurer practices. American Medical News quoted Professor Bryan Liang’s testimony at the California Assembly Committee on Accountability and Administrative Review, noting that few persons got benefits associated with the California rescission settlements.

The story is "California health plan rescissions affected many, but few received help," by Emilly Berry, in the March 29, 2010 issue of the American Medical News.

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IHLS Hosts 6th Annual San Diego Health Policy Conference on Pharmaceutical Crime Investigation and Prosecution

March 26, 2010. The Institute of Health Law Studies, California Western School of Law hosted the 6th Annual San Diego Health Policy Conference, held at the Hilton Harbor Island Hotel. The conference was entitled, “Pharmaceutical Crime: Investigating and Prosecuting Drug Diversion and Counterfeiting.”

"Issues with drug safety, counterfeits, and drug diversion are increasingly becoming a public health risk and drain on the public fisc," said Executive Director Professor Bryan A. Liang. “We need to look deeply at how medical and legal professionals can work together to effectively investigate and prosecute these crimes.”

Professor Liang invited key members of investigative and state law enforcement teams in Florida to speak. Florida has led the nation in addressing the problem of pharmaceutical crime. Speakers at the event included William Shepherd, JD, Florida Statewide Prosecutor; Tom Kubic, CEO, Pharmaceutical Security Institute; Oscar Gelpi, JD, Special Counsel, Florida Office of Statewide Prosecution; Julie Hogan, JD, Florida Chief Assistant Statewide Prosecutor; John Petri, Cesar Arias, RPh, and Gene Odin, PhD, Pharmaceutical Investigators, Stone Cold Investigations; Gary Venema, Special Agent, Florida Department of Law Enforcement; as well as Professor Liang.

Proceedings from the event will be published in an upcoming issue of the Journal of Biolaw & Business.

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Huffington Post Investigative Story References IHLS Report on Rescission Settlements

March 26, 2010. The issue of rescission of health insurance continues to plague patients who have individual health insurance policies. Investigations by the Huffington Post continue to unearth abuses by insurers. In a recent investigation, the Huffington Post Investigative Fund found that group plans were also engaging in these rescission practices. The story highlighted the difficult plight of patients who come up against rescinding insurers, citing IHLS Executive Director Professor Bryan Liang’s analysis of the ineffectiveness of regulators in protecting patients. In particular, it noted few patients participated in the industry-favorable settlements.

The story is “In a Coma, With the Plug Pulled on Health Insurance,” by Danielle Ivory, posted on March 26, 2010 on the Huffington Post Investigative Fund website.

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IHLS Executive Director Bryan Liang’s Health Care Reform Perspectives Piece Published by Daily Journal

March 24, 2010. Challenges remain in pushing healthcare reform through Congress. In an invited Perspectives piece in the Daily Journal, Professor Bryan Liang outlined the issues that must be addressed by the Senate, including the arcane budget reconciliation process, political challenges, and legal challenges. He also noted that one of the greatest issues will be the individual mandate to purchase insurance, which is being fought by 37 states in introduced legislation and lawsuits against implementation. He also observed that other issues still must be addressed for healthcare reform to be put into place, including increased taxes, no limits on insurance premiums, low penalties for avoiding insurance purchases, and the positive or negative effects of healthcare cuts on quality and safety in health care.

The piece is entitled, "Health Care Reform: It Ain't Over 'Til It's Over," on page 7 in the March 24, 2010 issue of the Daily Journal.

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Forbes Quotes “Crisis on Campus” Article by Professor Bryan Liang

March 22, 2010. The healthcare reform bill provisions have indicated that they will assist the uninsured. However, this is not true in all instances. One key population ignored is students.

Forbes quoted Professor Bryan Liang’s University of Michigan Journal of Law Reform article “Crisis on Campus: Student Access to Healthcare” to show how healthcare reform does not reach insured nor uninsured students for campus healthcare services. It concluded that changes must be put into place to ensure healthcare reform principles are applied to this group so they may use their own insurance on campus.

The article is “The Health Bill’s Collateral Damage,” by Gary Sutton in the March 22, 2010 issue of Forbes.com.

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Professor Bryan A. Liang Comments on Health Reform Bill on KCBS

March 22, 2010. With the healthcare reform package passed by the House of Representatives and on its way for Presidential signature, KCBS asked Professor Bryan Liang to comment on its provisions and impact.

Professor Liang noted that there are many provisions that will impact the insured, uninsured, business, and government. While the full impact of the reform package will not go into effect until 2014, he noted that some provisions, including high risk pools and tax credits, will go into effect within the next 6 months. He also noted that there will be challenges with absorbing the uninsured into the public Medicaid system.

Professor Liang was interviewed on the KCBS News Program by Melissa Culross.

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Bureau of National Affairs Covers Insurance Rescission Testimony of Professor Bryan A. Liang

March 17, 2010. The health insurance rescission practices of insurers continues to draw national attention during the health reform debate. The Bureau of National Affairs covered Professor Bryan A. Liang’s testimony at the California Assembly Committee on Accountability and Administrative Review.

The story noted that Professor Liang was an independent expert who provided an analysis of the highly limited effectiveness of the health insurance rescission settlement agreements between the California Department of Managed Health Care, Department of Insurance, and illegally acting health insurers. Professor Liang noted that fewer than 5% of the 6,000 victims of rescission either choose to be re-insured by the insurer who wrongfully dropped their policies or attempted to regain reimbursement of costs that should have been the responsibility of the rescinding insurance company.

The story is, “Legislative Committee Wants Agencies To Review Coverage Rescission Settlements,” by Steve Geissinger in the March 17, 2010 edition of the Bureau of National Affairs, Health Plan & Provider Report.

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Consumer Insurance Publication Features Comments by Professor Bryan A. Liang

March 16, 2010. The issue of health insurance rescission is a key one for many consumers buying their coverage in the individual health insurance market. Because of its importance, Healthcare Watchdog created a consumer information booklet on “insurance scams” to educate the public about the spectrum of questionable health insurance practices. Included are explanations of health insurance rescission practices by health insurers from expert Professor Bryan A. Liang. Professor Liang also recently testified on the topic before the California Assembly Committee on Accountability and Administrative Review.

The publication is “Health Insurance Scams-Exposed,” by Healthcare Watchdog.

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Professor Bryan A. Liang Appointed to Editorial Board of National Academy of Elder Law Attorneys Journal

March 15, 2010. Professor Bryan A. Liang, Executive Director of the Institute of Health Law Studies, was appointed to the National Academy of Elder Law Attorneys Journal Board of Editors.

“This is wonderful honor and privilege,” said Professor Liang. “The ability to interact with experts on the editorial board and in the field on important issues for our senior population is a unique opportunity to learn and contribute to the elder and special needs populations,” he added.

The National Academy of Elder Law Attorneys is a non-profit association that represents lawyers, bar organizations and others who work with older clients and their families. NAELA membership is comprised of attorneys in the private and public sectors who deal with legal issues affecting the elderly and disabled. Members also include judges, professors of law, and students.

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IHLS Granted Four Year Accreditation for Continuing Medical Education by Institute of Medical Quality

March 15, 2010. IHLS has received the maximum 4 year accreditation by the Institute of Medical Quality to grant Continuing Medical Education credit for healthcare providers. This was a particularly challenging year for CME accreditation, as the state and the federal accreditation bodies significantly changed their requirements, and indeed, IHLS was the first entity in San Diego to undergo a CME accreditation survey under these new standards. IHLS remains the first and only law school entity in the US empowered to grant CME credit.

IHLS Executive Director Bryan A. Liang said on the announcement that he “wished to acknowledge the special efforts of the CME committee to marshall the resources to obtain this highest level designation: IHLS Program Administrator Pam Tait, and CME Committee Members Arlene Luu, RN, JD, and Shannon Biggs, JD, MEd, MA.” He added that “I want to particularly highlight Pam Tait's contributions to organizing, maintaining, and directing the re-accreditation effort, which took an extraordinary amount of skill and energy, not to mention the countless hours of documentation required.”

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Executive Director Professor Bryan A. Liang Promoted to Professor of Anesthesiology at UCSD School of Medicine

March 12, 2010. Bryan A. Liang, Executive Director of the Institute of Health Law Studies, was promoted to Professor of Anesthesiology at the University of California, San Diego School of Medicine. Professor Liang is both a physician and an attorney.

“This is a gratifying and wonderful honor for me,” said Dr. Liang. “With this promotion, hopefully IHLS and UCSD can find additional opportunities for collaboration and creative problem solving to address some of the most difficult challenges in health policy.”

Professor Liang was promoted from Associate Professor of Anesthesiology to Professor of Anesthesiology after an extensive review process that included many of the top physicians in the nation evaluating his work.

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NPR Health Care "Shots" Blog Covers Professor Bryan A. Liang's Rescission Testimony and Report

March 12, 2010. The limited impact of the California Department of Managed Health Care and Department of Insurance settlements with insurers is drawing national attention. The NPR health blog, "Shots," covered Executive Director Bryan A. Liang’s testimony and report on the topic.

The Shots blog noted that "Around 6,000 people affected by rescissions were eligible to get new policies under the settlements. But did they?


"Not very many actually. A report for a California Assembly committee checking up on things found less than 300 people have gotten coverage from their former insurers under the deals. The independently prepared report called the results 'highly disappointing.'

"What went wrong? The settlements were too complicated and the state agencies involved in carrying them out didn't do a good enough job reaching out to eligible people.”

The NPR blog also quotes Professor Liang’s report and conclusion. The posting is “California Settlements Haven't Helped Many Dropped By Insurers,” by Scott Hensley, March 12, 2010, and is available here.

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Executive Director Bryan A. Liang Testifies Before Assembly Accountability Committee

March 10, 2010. With health insurer abuses becoming a pivotal point in the reform debate, the California Assembly Committee on Accountability and Administrative Review assessed the health insurer rescission agreements between the California Department of Managed Health Care (DMHC) and the California Department of Insurance (CDI). IHLS Executive Director Professor Bryan Liang was asked to provide an analytic report on the settlement and testify at the hearing by the Committee on Accountability and Administrative Review on the issue.

Professor Liang found that very few rescission victims took part in the settlements, despite DMHC and CDI broadcasting them with great fanfare when initially entered into. He noted that fewer than 5% of all eligible victims participated in reenrollment and even tinier percentages sought reimbursement for costs in the complex, legalistic system that required the innocent victim to shoulder the burden of proof. He also noted that despite the fact that California is the most culturally diverse state in the US, the letters sent to victims were drafted in English using college-level prose and laden with medical, legal, and insurance jargon. DMHC and CDI also performed no follow-up nor had a feedback system in place to determine the effectiveness of the settlements. Professor Liang also observed that DMHC and CDI referred victims back to original legal documents for additional information on the settlements—a practice highly inappropriate for the victims. Finally, he noted that only lawyers were involved in the settlement process—victims had limited if any input into settlement terms with the illegally-acting insurers. He calculated that assuming only $10,000 damages per person, the lack of victim participation allowed most of the $60 million that should have been collected by victims to remain with the illegally-acting insurers.

Professor Liang was the only independent expert asked to testify at the hearing. He was requested to create the report and testify by Assembly Member Hector de la Torre, Chair of the Assembly Accountability and Administrative Review Committee.

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Professor Bryan A. Liang Quoted in Los Angeles Times Story on DMHC and CDI Rescission Settlement Review

March 10, 2010. Continued attention on the DMHC and CDI rescission settlements have brought scrutiny on the process and its results. The Los Angeles Times interviewed Professor Bryan Liang, who authored an analysis of the rescission settlements and testified before the Assembly Committee on Accountability and Administrative Review.

Professor Liang pointed to the less than 5% participation in reenrollment and tiny percentages of victim recovery as tremendous cause for concern. He also pointed to the communications that used college-level prose, were available only in English as a default, and a system that put the burden on innocent victims rather than the illegally acting insurer.

The story is “Few Californians benefiting from rescission settlements: Report finds that fewer than 300 of 6,000 former policyholders who were dropped after they became ill are participating in health insurers' agreements to settle such cases,” by Lisa Girion in the March 10, 2010 edition of the Los Angeles Times.

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Daily Journal Interviews Professor Bryan A. Liang on Rescission Settlement Analysis

March 10, 2010. DMHC and CDI settlements with health insurers have come under fire. The Daily Journal interviewed Professor Bryan Liang, who authored a report for the California Assembly Committee on Accountability and Administrative Review, on his findings regarding the rescission settlements.

Professor Liang noted that the settlements, although announced with great fanfare by DMHC and CDI, were excessively bureaucratic, had no feedback mechanism, put the burden on the innocent victim, and resulted in only tiny percentages of patients reenrolling in plans or recovering costs from illegally-acting insurers. He characterized the settlements as “policy failures” and called for additional investigations on the matter.

The story is “Report: Few Health Policyholders Aided by Regulators,” by Evan George in the March 10, 2010 edition of the Daily Journal.

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IHLS Executive Director Professor Bryan A. Liang Comments on Rescission Settlements in San Francisco Chronicle

March 9, 2010. Although there have been well-publicized settlements in the California health insurance rescission cases, questions have been raised about their effectiveness. The San Francisco Chronicle interviewed Professor Bryan Liang on his perspective.

Professor Liang noted that very small reenrollments into health plans and very low recoveries for patients from illegally-acting insurers indicates there are severe weaknesses associated with the settlements. He added that not much justice was provided to the thousands of patients who had their policies rescinded and recovered only limited amounts from these insurers.

The story is “Settlements over dropped insurance lanquish” by Victoria Colliver, in the March 9, 2010 edition of the San Francisco Chronicle.

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Institute Sponsors Team in the California Innocence Project Dodge Ball Tournament

March 8, 2010. IHLS sponsored and entered a team of 8 participants to play in the annual California Western School of Law CIP Dodgeball Tournament. The IHLS team’s name was the H1N1s. Players dressed in red t-shirts with plastic swine flu noses. The team captain, Gina Dawson, wore a blue t-shirt and a hat that carried the inoculation syringe.

The tournament is a fundraiser for CIP, which assists wrongfully convicted citizens to establish their innocence in the justice system. IHLS sponsors teams for the event each year.

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Institute of Health Law Studies Given Alpha Project Service Appreciation Award

March 5, 2010. The Institute of Health Law Studies, a Center of Excellence of the California Western School of Law, was given the Alpha Project Service Appreciation Award today. The Alpha Project is a charitable organization that supports the needs of the homeless. The award stems from the activities of IHLS in its Warm A Heart Homeless Clothes Drive held each February, as well as its Feed A Friend Food Drive for the Homeless program held each July.

Professor Bryan A. Liang, IHLS Executive Director, and Pam Tait, IHLS Program Administrator accepted the award on behalf of IHLS. “This is a tremendous honor for IHLS,” said Dr. Liang. “We are fortunate to be in the position to be able to give back to our community, and working with the Alpha Project has been an important opportunity to address the needs of the homeless, particularly in these difficult economic times.” In addition, Ms. Tait indicated that “Over the past six years, we have been able to take advantage of the generosity of CWSL, and this award is really for those who contributed to these drives, recognizing the plight of the homeless.”

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Professor Liang Interviewed by Lawyers USA on Botox Trials

March 4, 2010. More attention has been given to the Spears Botox verdict as lawyers prepare for the next set of lawsuits. Lawyers USA interviewed Professor Bryan Liang on what to expect in the next stages of litigation.

Professor Liang noted that although the Spears’ jury found adequate warnings by Allergan as to side effects of Botox use in pediatric cerebral palsy patients, he did not believe that this would be the conclusion of all juries who will consider the warnings. But he also stated that even if plaintiffs can convince juries that there was a failure to warn on the part of Allergan, proving causation of that failure and injuries suffered by ill patients will be difficult.

The story is “First Botox verdict goes to defense, but it’s just the beginning ,” by Nora Lockwood Tooher, in the March 4, 2010 issue of Lawyers USA.

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IHLS Invited to Attend Mabel Jessop Women’s Symposium

March 4, 2010 The need to increase women in business and leadership positions has been a challenging problem to address. However, inroads have been made through educational and networking programs by foundations that invite leading women to participate in these events. IHLS was invited to send a representative to the Mabel Jessop Women’s Symposium, which has as its goal to promote women in business.

IHLS Program Administrator Pam Tait attended to support this effort. The event was a full day of women’s workshops and discussion groups with over 400 attendees. The main focus was on women in the business field and speakers made presentations that covered business management, education and finance.

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KPBS Interviews Professor Bryan Liang on Congressional Investigation of Health Insurer Practices

March 3, 2010. Health insurers large increases in premiums and new revelations that they may be squeezing patients out of low cost plans into high cost ones with less coverage has ignited the health reform debate. The House of Representatives has announced hearings into these insurer practices. KPBS interviewed Professor Bryan Liang on these developments.

Professor Liang noted that the “perfect storm” of increasing insurance rates, health reform efforts, and millions of dollars in health insurer CEO bonuses annually has placed significant attention on health insurer practices. He also indicated that the hearings investigating these companies will be high profile, and will extend from Congress to State Capitols.

Professor Liang was interviewed by Kenny Goldberg, KPBS Health Reporter.

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Executive Director Bryan A. Liang Comments on Botox Verdict in the Los Angeles Times

March 3, 2010. The case of Dee Spears, the mother of a 7 year old who died after Botox treatment for pediatric cerebral palsy, ended in a verdict for the manufacturer Allergan. The Los Angeles Times interviewed Professor Bryan Liang for his reaction.

Professor Liang, who is both a physician and an attorney, noted that this was first case to go trial of Botox treatment in these patients. Looking to future trials, he indicated that although the jury did not find that Allergan failed to warn, this conclusion may be challenged in other cases because the FDA mandated a black box, or special warning several months ago for the drug. He also noted that the jury in the Spears case did not reach the issue of causation, which will be challenging to prove. Finally, he noted that off-label promotion of Botox for pediatric cerebral palsy may have been done illegally by Allergan, which may serve as a basis of future investigations into Allergan’s marketing efforts.

The story is “Botox maker is not liable in girl's death, O.C. jury says,” by Lisa Girion in the March 3, 2010 edition of the Los Angeles Times.

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Voice of America Interviews Professor Bryan Liang on Counterfeit Medicines

February 28, 2010. The concerns of counterfeit drugs are becoming a greater global public health issue. Voice of America interviewed Professor Bryan Liang for his comments.

Professor Liang noted that groups such as the World Health Organization, the Partnership for Safe Medicines, and others are working to educate the public and policymakers on means to address this growing concern. He indicated that the Internet is a key source of difficulty, both supplying materials for illicit use and as a forum to sell counterfeit medicines. He added that patients are the last barrier to harm, and the better educated they are on the taste, form, and normal reactions to the drug, the better able patients will be able to detect fakes.

The article was a second in a series on counterfeit drugs. The piece is entitled, “The Danger of Counterfeit Drugs (Second of Two Parts): A look at some of what is being done to fight fake medicines,” by June Gibbs.

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Executive Director Bryan A. Liang Comments on Bipartisan Healthcare Summit

February 25, 2010. President Obama and Congressional Democrats have attempted to jump start healthcare reform through a bipartisan healthcare summit. KCBS asked Professor Bryan Liang for his reaction to this effort.

Dr. Liang noted that much of the event will be political theatre, with many of the speakers from both sides addressing the public rather than the participants in the room. He also indicated that focusing on narrow aspects of healthcare reform in standalone bills appears to be the best chance method for substantive changes in the health delivery system.

Professor Liang was interviewed by the KCBS News Team.

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KPBS Interviews Professor Bryan A. Liang on Transplant Denial Case Against Blue Cross

February 24, 2010. The case of Ephram Nehme, the patient denied a transplant by Blue Cross California who then traveled to Indiana and paid for treatment on his own, has spurred interest in how insurers determine coverage for expensive treatments. KPBS asked Professor Bryan Liang for his perspective.

Professor Liang noted that the case provides a unique look into how decisions are being made by insurers with respect to expensive treatments. He pointed out that health care provider employees of Blue Cross who denied Nehme’s request had no experience in transplantation. Further, he noted that any external appeals would go to companies that make money off reviewing such requests for Blue Cross, limiting their neutrality. He called for reform to address these conflicts of interest and medical competency for review of patient care requests.

Professor Liang was interviewed by Kenny Goldberg, KPBS Health Correspondent.

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Professor Bryan A. Liang Interviewed on New Obama Healthcare Proposal

February 22, 2010. With the upcoming “summit” on healthcare scheduled for February 25, 2010, President Obama released his version of healthcare reform. KCBS asked Professor Bryan Liang on his perspective regarding its provisions.

Professor Liang noted that the Obama plan was “simply warmed over leftovers of the Senate effort” with minor modifications that attempt to address House Democrat concerns. He indicated that the President’s efforts appear to be more political posturing, and doubted that the plan would be passed as outlined. Notably, Dr. Liang emphasized that there was very little bipartisan ideas within the plan, and the focus on using the Senate proposal indicated that the divisive climate in Washington, DC will likely continue.

Professor Liang was interviewed by Rebecca Corral and Melissa Culross of KCBS News.

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Daily Journal Interviews Professor Bryan Liang on Google Policy Change for Online Drug Seller Advertisements

February 12, 2010. Google announced that it would no longer accept online drug seller advertising from non-National Association of Boards of Pharmacy Verified Internet Pharmacy Practice Sites. It interviewed Professor Bryan Liang on this development, as he and co-author Tim Mackey published the first article exposing the lack of search engine accountability for allowing such sales (Searching for Safety: Addressing Search Engine, Website, and Provider Accountability for Illicit Online Drug Sales, 35(1) AMERICAN JOURNAL OF LAW & MEDICINE 125 (2009)).

Professor Liang noted that this was a great win for patients, but that the job is not yet complete. Although Google adopted the recommendation in Professor Liang and Mr. Mackey’s article, other search engines as well as unscrupulous online sellers can continue to allow and promote illicit sale of drugs without professional oversight. Hence, he called for federal legislation to address the issue.

The article is “Google Moves Against Some Online Ads For Pharmaceuticals” by Evan George on page 1 of the February 12, 2010 edition of the Daily Journal.

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Executive Director Bryan A. Liang Interviewed by KCBS on Report of High Insurer Profits and Questionable Insurer Activities

February 12, 2010. With the recent announcement that the top five health insurers posted record profits this past year despite the economic downturn, are increasing premiums up to 39%, and have cut coverage to at least 2.5 million patients, reform advocates are calling for investigations of insurer practices. KCBS interviewed Professor Bryan Liang on his reaction.

Dr. Liang noted that these figures were telling because neither side of the political aisle has defended these profits and actions, and both have reacted by calling for reform and investigations. In addition, he noted that these figures also must be assessed in the context of millions of dollars of insurer CEO bonuses, and industry analysts indicating that a shareholder and Wall Street focus means that health insurers “can never act in the best interests of their customers.”

Professor Liang was interviewed by Rebecca Corral and Melissa Culross, KCBS News.

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Professor Bryan A. Liang Interviewed in Los Angeles Times Story on Indictment of Michael Jackson’s Physician for Involuntary Manslaughter

February 10, 2010. The death of Michael Jackson and the investigation of his physician, Conrad Murray, MD, has finally led to charges against Dr. Murray for involuntary manslaughter. The Los Angeles Times interviewed Professor Bryan Liang for his reaction on the case.

Professor Liang, who is both a physician and attorney, indicated that Dr. Murray’s account to law enforcement and fellow physicians associated with emergency care has created challenges for his defense. The timeline presented voluntarily by Murray would be an important focus for prosecutors. Further, Professor Liang noted that Dr. Murray’s omission of any statement about his administration of the anesthetic Propofol to Jackson during emergency efforts strongly implied he knew it was inappropriate for use outside the hospital setting.

The story is "Michael Jackson's doctor's case may hinge on his police statement," by Harriet Meyer and Jack Leonard in the February 10, 2010 issue of the Los Angeles Times.

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IHLS Executive Director Bryan Liang Interviewed on “Dual Track” Healthcare Reform Strategy

February 4, 2010. Democrat efforts to jump start healthcare reform have included efforts to pare down proposals while also considering a “dual track” strategy of House passage of the Senate bill, and then using the budget reconciliation process to “fix” objectionable measures resisted by House democrats. KCBS interviewed Professor Bryan Liang on his reaction to this approach.

Professor Liang noted that narrowly focused bills might have a chance at passage. However, the dual track strategy is unlikely to garner support because the reconciliation process is not meant for creation of new programs. Further, moderate Democrats are concerned that such end runs will hurt their reelection efforts in November after the election of Republican Scott Brown in Massachusetts. Finally, Professor Liang added that the Democratic strategy to use reconciliation may be “painting themselves into a corner” because current reconciliation provisions expire in April, creating another deadline for Democrat healthcare reform efforts.

Professor Liang was interviewed by Stan Bunger and Susan Leigh Taylor, KCBS News.

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IHLS Sponsors San Diego Blood Mobile

February 4, 2010. IHLS joined forces with the student Health Law Society to host the first blood drive for 2010. IHLS and HLS blood drives have become a tradition at the law school, and there was broad student and faculty participation.

IHLS continues to strive to make a difference in our community and will continue with quarterly blood drives. Last year, IHLS was designated Life Line Level 4, the highest level achievement for blood donations.

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IHLS Hosts San Diego Network of CME Professionals Quarterly Meeting

February  2, 2010, IHLS hosted the first meeting for 2010 for the San Diego Network of CME coordinators in Mission Valley. IHLS is a leading CME provider in San Diego County. At the event, there were two guest speakers from The Doctor’s Company in Napa, CA, including Institute Member Ms. Arlene Luu, RN, JD.

The meeting contained in-depth discussion on the new CME Accreditation process, as many health provider groups are currently going through re-accreditation under the new rules. The new CME criteria has brought many challenges to the forefront and the meeting provided an opportunity to share resources for use in this process. Pam Tait, IHLS Program Administrator, is a designated CME Mentor.

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6th Annual Warm a Heart Clothes Drive Begins

February 1, 2010. Throughout the entire month of February, IHLS will collect clothes donations for Alpha Project. Alpha Project is a philanthropic organization that services the San Diego homeless community.

There are over 17,000 homeless persons in San Diego and IHLS strives to provide assistance to this vulnerable group. The CWSL community can contribute by making clean and used clothing donations to benefit the less fortunate.

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IHLS Honored as Member-at-Large Auxilliary Volunteer at Rady Children’s Hospital Annual Meeting

January 26, 2010, Program Administrator Pam Tait attended the Rady’s Children’s Hospital Annual Meeting at the Sheraton Harbor Island Conference Center. IHLS was recognized as the Member at Large Auxiliary volunteer.

The event was well attended, with over 400 participants and speakers. The meeting was highlighted with words from the children themselves and many heart warming stories were shared from them and their families. In addition to IHLS, leading physicians and experts were also presented awards.

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Professor Bryan A. Liang Interviewed by KCBS on California Health Care Single Payer Bill

January 22, 2010. With health care reform being put into disarray federally after the election of Republican Scott Brown in the Senate, California has introduced a single payer bill for the state. KCBS interviewed longtime health policy observer Professor Bryan Liang on his reaction.

Professor Liang noted that this was not the right time for such a bill. Although health care reform is important, a bill costing a minimum of $210 billion in its first year at a time of economic hardship and high unemployment in the state is “inopportune at best.” He called for enforcement of current laws against insurer abuses and expanded access programs in cooperation with federal authorities until national reform efforts are clarified.

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Professor Bryan A. Liang and Research Associate Tim Mackey’s Science Paper Featured in North County Times

January 20, 2010. IHLS Executive Director Bryan A. Liang and IHLS Research Associate Tim Mackey’s paper, "Reforming Off-Label Promotion to Enhance Orphan Disease Treatment," published in the prestigious journal Science, was featured in the North County Times.

Dr. Liang and Mr. Mackey addressed the key problem of orphan diseases, defined in the USA as diseases afflicting less than 200,000 patients, and lack of treatment for these conditions. They proposed a system of "off label promotion," i.e., promotion of drug uses not yet approved by the FDA, as long as there are rigorous standards in place for risk management and patient safety purposes in orphan disease patients. This would increase access to important medications for these patients as well as provide an infrastructure to collect information to determine effectiveness.

The academic journal Science is one of the most prestigious journals in the world. It has consistently ranked 1st in impact in multidisciplinary sciences for the last 30 years, according to Thomson Reuter's Journal Citation Report.

The North County Times piece is entitled, "Going 'off-label' can help treat orphan diseases," by Bradley J. Fikes in the January 20, 2010 issue.

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IHLS Sponsors Two H1N1 Flu Vaccine Clinics on campus
January 20, 2010.

Januarty 20, 2010. On January 12th and January 20th, IHLS sponsored a collaboration between California Western School of Law and Pacifica Medical to administer the H1N1/A Flu Vaccine to all students, faculty and staff.

This effort was an enormous challenge for health providers to obtain the vaccine since the supply was so limited. With constant communication each week, IHLS was able to obtain enough to vaccinate the CWSL community.

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IHLS Executive Director Bryan Liang Gives “Pay-for-Performance” Presentation at 2010 UCSD Anesthesia Update Conference

January 15, 2010. With health care reform very much on physicians’ minds, payment methods took on a very important role at the annual UCSD 2010 Anesthesia Update Conference, which attracts providers from around the country. Dr. Bryan Liang, Executive Director of the Institute of Health Law Studies as well as a member of the UCSD Department of Anesthesiology, gave a timely presentation on cutting edge developments in the area.

“Pay-for-performance, which attempts to push health care providers into providing care consistent with health care guidelines and to reduce costs, is here to stay. However, there are still a few bugs in the system,” Dr. Liang noted. “Yet in the current health care reform climate, fixing these bugs is less a priority than finding means to expand pay-for-performance methods to reduce costs. Health care providers must look for opportunities to partner to obtain efficiencies in care that promote consistent and improved outcomes,” he added.

Dr. Liang’s presentation was entitled “Pay, Performance, and Politics: The History and Future[?] of P4P.” Dr. Liang was asked to present at the 2010 Anesthesia Update by Dr. Gerry Manecke, Chairman of the UCSD Department of Anesthesiology.

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Los Angeles Times Quotes Professor Bryan Liang on Insurance Rescission Appeals Court Case

January 2, 2010. As the new year dawns, health care reform continues to remain on the policy agenda. A recent California Appeals court holding allowing the Los Angeles City Attorney to bring fraud charges against health care insurers directly for inappropriately rescinding health insurance policies is the latest in the battle over insurer practices. The Los Angeles Times asked Professor Bryan Liang, a noted expert on the topic, to comment.

Dr. Liang noted that the court ruling has provided clarity as to the scope of permitted action by public actors other than state regulators to safeguard their citizen’s rights. With the ruling, the appeals court added “new cops on the beat,” according to Dr. Liang, and provided additional protections for patients with individual health insurance policies that were wrongfully rescinded.

The story is “Health insurers' rescission practices are exposed to more scrutiny,” by Lisa Girion in the January 2, 2010 issue of the Los Angeles Times.

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Professor Bryan Liang Interviewed by KCBS on Senate Healthcare Reform Vote

December 24, 2009. With the pressure of the end of the year and promises made by Democratic leaders, the Senate healthcare reform bill was finally passed. KCBS interviewed Professor Bryan Liang on what to expect next.

Professor Liang noted that the holiday recess will be a time of back room negotiating, and that reconciling the House and Senate bills will be challenging. He pointed to key issues such as abortion coverage, state versus federal insurance exchanges, and financing reform that are still to be addressed in the two versions. He indicated that despite deep party divisions, Democratic leaders will likely try and push through a compromise by the President's state of the union address.

Professor Liang was interviewed on KCBS on the Rebecca Corral and Melissa Culross program.

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Professor Bryan A. Liang Publishes Opinion Editorial in Forbes on Drug Importation

December 18, 2009. Healthcare reform efforts in the Senate, seeking cost savings, considered drug importation. Sen. Byron Dorgan introduced the proposal through an amendment to the Senate bill. However, this amendment had challenges from both sides. After debate, the proposal was defeated. Professor Bryan Liang published an opinion editorial commenting on the Senate’s actions.

Professor Liang lauded the Senate for understanding the safety concerns of importation. He also noted that Department of Health and Human Services Secretary Sebelius and FDA Commissioner Hamburg both considered the policy a challenge to patient safety.

The opinion editorial is entitled, “Say No To Counterfeit Drugs”, published at Forbes.com on December 18, 2009.

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San Diego Business Journal Interviews Professor Bryan Liang on Genetic Information Nondiscrimination Act Weaknesses

December 14, 2009. The federal Genetic Information Nondiscrimination Act went into effect recently, but use of genetic information by insurers to discriminate against persons has been questioned. The San Diego Business Journal interviewed Professor Bryan Liang on these concerns.

Professor Liang agreed that GINA was not totally protective, and in fact, any individual life, disability, and long term care policy application may include such questions and makes applicants vulnerable to genetic discrimination. He also noted that, worse yet, because these policies include disclosure to an insurer database seen by all of its members, policy rejection can occur without an explanation. Professor Liang called for increased GINA protections for these other policies.

The story is “Genetic Privacy Raises Questions About Insurers” by Heather Chambers in the December 14, 2009 edition of the San Diego Business Journal.

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IHLS Sells Raffle Tickets to Benefit Rady Children’s Hospital

December 12, 2009. It was a spectacular evening of holiday entertainment for the whole family at the 20th Annual “Carols By Candlelight Concert” on Saturday, December 12, 2009. IHLS members, led by Program Administrator Pam Tait, wore their red aprons during the event to sell raffle tickets at the California Center for Arts in Escondido.

The raffle included autograph CDs, ornaments and a Taylor guitar from the performers of the evening. These included country western singer and Grammy award winner Lee Ann Rimes, Little River Band, Buck Howdy, Jordan Pruitt and Bucky Covington. After the concert, IHLS members participated in the candlelight vigil outside of the art center to light up the holiday Christmas tree.

All raffle proceeds went toward supporting the Rady Children’s Hospital Programs. It was a glorious evening to honor the sick children in San Diego County and to wish them all a healthy New Year 2010.

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Executive Director Bryan A. Liang Gives Emergency and Disaster Preparedness Presentation at Rady Children’s Hospital Advanced Trauma Symposium

December 11, 2009. The H1N1/A Swine Flu, other infectious diseases, and human-sourced emergencies and disasters have spurred tremendous interest in pre-event planning and preparedness. Yet ethical and perception of response are still being debated. Professor Bryan A. Liang, Executive Director of the Institute of Health Law Studies and Co-Director of the UCSD San Diego Center for Patient Safety was asked to present his assessment of these issues.

Professor Liang, a physician and an attorney, noted that models of priority of treating patients during emergencies and disasters have not been well-founded nor have they involved community input. Further, legal challenges of organizing and allowing out-of-state providers to enter into emergency and disaster locales have created uncertainty as to the permitted scope of action. He called for a greater openness of models and approaches of allocated scarce resources in emergencies and disasters, and uniform rules for providers who participate in response.

Dr. Liang’s presentation was entitled, “Perceptions and Hindsight Post-Emergency and Disaster Response: A Cautionary Tale.” Professor Liang was invited to the conference by Mary Hilfiker, MD, PhD, Department of Pediatric Surgery, Rady Children's Hospital.

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Professor Bryan Liang Comments on Pharmaceutical Pricing Case in KCBS Interview

December 10, 2009. In a closely watched case, the 9th Circuit Court of Appeals held for Santa Clara and Santa Cruz counties in a ruling that is expected to curb drug prices at public hospitals and community health centers. KCBS interviewed Professor Bryan Liang on the decision.

Professor Liang noted that the case is a watershed moment for challenging pharmaceutical prices under the federal “340B” program, which provides for discounted drugs for public clinics providing care to low income individuals. He observed that the case allowed individual counties to sue pharmaceutical manufacturers for violations of price agreements negotiated by the Secretary of Health and Human Services. Pharmaceutical companies had argued that counties as could not sue them, and only the Secretary had the power to attempt to enforce the contractual price agreement.

Professor Liang was interviewed by Matt Bigler, KCBS news reporter.

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IHLS and HLS Representatives Appear in San Diego Blood Bank Public Service Commercial

December 8, 2009. IHLS Executive Director Bryan A. Liang, IHLS Program Administrator Pam Tait, HLS President Matt Wheeler, HLS VP Gina Dawson, HLS Treasurer Ben Kradin, and members of the California Western School of Law appeared in the San Diego Blood Bank Public Service commercial. The commercial is aired to encourage organizations and individuals to hold blood drives and give blood for community benefit.

“We are fortunate to have the San Diego Blood Bank in our community to save lives of thousands of patients each year,” said Professor Liang. “We ask members of our community to follow our lead and assist the San Diego Blood Bank and organizations such as IHLS, HLS, and California Western School of Law in helping needy San Diegans.”

IHLS and HLS are the highest status Life Level Four members of the San Diego Blood Bank.

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Professor Bryan Liang Interviewed by KCBS on Senate Abortion Amendment

December 8, 2009. The intensifying debate on health care reform has begun. Recently, Sen. Ben Nelson introduced a bill prohibiting any use of federal funds for abortion in new reform options. KCBS interviewed Professor Bryan A. Liang on his perspective.

Professor Liang noted that Congress was permitted to limit what services any reform efforts would pay for. However, he also indicated that as restrictions become more of a barrier, women may be able to argue a violation of equal protection under the US Constitution.

Professor Liang was interviewed by Rebecca Corral and Melissa Culross, KCBS News Anchors.

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Executive Director Bryan A. Liang Gives Pharmaceutical Pricing Presentation at UCSD Rady School of Business

December 4, 2009. IHLS Executive Director Professor Bryan A. Liang gave a presentation on pharmaceutical pricing and health care reform at the UCSD Rady School of Business. His presentation was entitled, “Pharmaceutical Pricing and Health Care Reform: Upward Spiral or Down the Drain?”.

“Although there are many economic models of value and pricing strategies, in the public policy domain, the key consideration is cost,” said Professor Liang. “Global budgets and short term outlook and justifications dominate the discussion. Despite corporate long term outlooks in the pharmaceutical industry, the reality the industry must face is that pricing must be sensitive to policy needs and it must adjust its efforts accordingly,” he added.

Dr. Liang also joined Ciara Kennedy, PhD, and Michael Pollack, VP of Health Economics at Biogen-Idec, for a panel assessment of pharmaceutical pricing strategies.

Dr. Liang was asked to present by Jay Kranzler, MD, of the Rady School of Business and CEO of Cypress Biosciences.

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KCBS Interviews Professor Bryan Liang on COBRA Subsidies Program Termination

December 1, 2009. COBRA health insurance subsidies passed under the American Recovery and Reinvestment Act are scheduled to end this month. Nationally syndicated radio KCBS interviewed Professor Bryan Liang on the implications for the public.

Professor Liang noted that the program termination may have significant impact on access to health insurance. With the cost of family health insurance representing approximately 80% of national unemployment benefits each month, loss of the subsidy will require many if not most families to drop health care coverage. He indicated the weaknesses associated with “band aid” approaches such as the COBRA subsidies emphasize the need for substantive reform.

The story is "Laid Off Workers Face Expiration of Health Benefit." Professor Liang was interviewed by KCBS reporter Holly Quon.

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Professor Bryan A. Liang Appears on UCSD Graduate Program Information Media

November 30, 2009. Executive Director Professor Bryan A. Liang, Shapiro Distinguished Professor of Health Law at California Western School of Law, as well as Associate Professor of Anesthesiology and Co-Director of the San Diego Center for Patient Safety at UCSD School of Medicine, appeared on video information media regarding UCSD Masters of Advanced Studies graduate school programs.

Professor Liang was interviewed about key aspects of the UCSD MAS program in Leadership in Health Care Organizations as well as the joint UCSD-CWSL MAS program in Health Law. He is the only faculty member in both programs and was the only person interviewed for both.

The information videos will be aired in various traditional television media as well as on the Internet.

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Executive Director Professor Bryan Liang Quoted in Washington Post Article on Counterfeit Drugs

November 20, 2009. The challenges of counterfeit drug sales around the world have continued to attract law enforcement attention, with the most recent Operation Pangea II resulting in coordinated global arrests and seizures of hundreds of persons and products involved. The Washington Post interviewed Professor Bryan Liang about Pangea II.

Professor Liang, a noted expert on counterfeit drugs and the Vice President of the Partnership for Safe Medicines, indicated that the global trade in counterfeits was growing. He emphasized that coordinated and cooperative law enforcement efforts are key to address global health concerns represented by counterfeit drugs.

The story is "Crackdown targets counterfeit drugs: Raids held worldwide," by Ylan Q. Mui, in the November 20, 2009 edition of the Washington Post.

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Daily Journal Interviews Professor Bryan Liang on Disability Insurance Story

November 20, 2009. Investigations of California Department of Insurance actions have prompted concerns about the extent consumers are protected against inappropriate denial of coverage by disability insurers. The Los Angeles Daily Journal interviewed Professor Bryan Liang on his perspective.

Professor Liang noted that CDI and other state agencies have an obligation to protect the public against suspect insurer actions if they occur to citizens of the state. He called for an independent assessment of CDI actions to determine if they have met their mandate of consumer protection.

The story is "Disabled Turn to State for Help, But State Turns Them Away," by Evan George in the November 20, 2009 edition of the Los Angeles Daily Journal.

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San Diego Union Tribune Publishes Health Reform Opinion Editorial by Professor Bryan Liang

November 19, 2009.  The respect for patients and improved provider communication is essential for patient safety. Yet these concepts have not been considered in the current health reform debate. Professor Bryan Liang published an opinion editorial in the San Diego Union Tribune on this topic.

He pointed to the poor patient experience scores of virtually all hospitals in the US as measured by the federal government. Dr. Liang called for mandated use of patient experience scores for inclusion in any federal health care program under health care reform, and minimum grade levels for reimbursement purposes. He concluded by noting that patient respect is also a matter of patient safety, and that both must be emphasized by any tenable lasting reform efforts.

The opinion editorial is "Report cards key to health reform," in the November 19, 2009 issue of the San Diego Union Tribune.

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International Society of Pharmaceutical Engineers Annual Meeting Features Professor Bryan Liang

November 10, 2009. The International Society of Pharmaceutical Engineers held its Annual Meeting, "Thriving in a Survival Environment" in San Diego, CA. Of great interest to this group is anti-counterfeiting science, engineering, and policy. Because of his expertise crossing all of these disciplines, ISPE asked Professor Bryan Liang to share his thoughts on the state of technology and policy issues in anti-counterfeiting and the pharmaceutical industry.

Dr. Liang noted that means and methods such as RFID (radio-frequency ID tags), near-IR spectroscopy, and other efforts were important in advancing process application technology efforts. However, he noted that point of care testing, field assessment, and supply chain issues cannot be solved through technology alone. He called on engineers to work with their company's regulatory side as well as law enforcement to strategize on the role of technology in combination with supply chain realities in anti-counterfeting efforts.

Dr. Liang was invited to ISPE 2009 by Dr. Sharon Flank, CEO of InfoTrak. Their session was "Anti-Counterfeiting: Can Chemistry Trump Bureaucracy?".

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Professor Bryan A. Liang Discusses Law and Medicine Issues at UCSD School of Medicine

November 10, 2009. The increasing influence and interaction between the legal system and medical practice are of great interest to physicians in training. Professor Bryan A. Liang provided an overview and discussed these issues with UCSD School of Medicine Class of 2011 students.

"Law in medicine is not only about medical malpractice anymore," said Professor Liang, who is both a physician and attorney. "Virtually all aspects of care are influenced by law--standards of care, financial incentives,end of life, and insurer activities. We need to understand these issues in order to be effective advocates for our patients."

Dr. Liang was an invited lecturer to the Introduction to Health Care Systems program at UCSD School of Medicine. He was invited by Professor Rick Kronick, UCSD Professor of Preventive and Family Medicine.

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Drug Topics Features Comments on Health Care Reform and Importation by Bryan A. Liang

November 3, 2009. With the health care reform bills drafted and debate heating up, the impact on the drug supply is dominating discussions at all levels. One key area is the costs of drugs, and policies to address it such as importation. Drug Topics featured comments by Executive Director Bryan A. Liang on the issue.

Dr. Liang noted that importation is not a "safe" alternative, since the countries being contemplated have had significant issues with counterfeit and diverted drugs. He also notes that the American Pharmacists Association has opposed drug importation unless the Secretary of Health and Human Services can ensure safety, as required by law. Finally, Dr. Liang observed that failure of the importation policy will fall on the most vulnerable of patients, and called on pharmacists to discuss the issue with their elected representatives.

The story is "Healthcare Reform: Readers Speak Out," and is the cover story of the November 2009 edition of Drug Topics.

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Executive Director Bryan A. Liang Gives Patient Safety and Transparency Lecture at UCSD

November 3, 2009. Key concerns about patient safety include systems issues and quality. But transparency is a fundamentally important basis as well. Professor Bryan Liang outlined these themes in a lecture to UCSD School of Medicine students.

Dr. Liang outlined the systems nature of health care, providing information about the theory of complex systems. But he then noted that any effort to improve system function, as well as serve the needs of the patient, requires transparency to identify vulnerabilities, keep communication lines open, and ensure patients are provided with ethically-mandated disclosure when error and injury occur.

Professor Liang was asked to speak by Rusty Kallenberg, MD, UCSD School of Medicine.

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Professor Bryan A. Liang Gives Global Health and Pharmaceutical Issues Presentation

November 2, 2009. The challenges of ensuring drug safety is global. These issues affect regulatory structures and processes. Professor Bryan Liang was asked to present his perspective on the means to address these concerns arising from this intereaction.

Professor Liang first noted that geopolitical boundaries are the basis for regulatory rules, yet drug supply issues are global and globalized. Hence, already the foundation for ensuring drug supply safety is weak. He then outlined the difficulties with parallel trade, counterfeit drugs, and their impact on vulnerable patients who shoulder the risk of policy failure. He also pointed to the geopolitical risks of allowing the vast majority of drugs to be made outside the USA. He called for robust regulatory harmonization and international diplomacy efforts to begin to address these concerns.

Professor Liang's presentation was entitled, "Globalization of the Drug Supply: Counterfeit Drugs and Biopreparedness Challenges," in the Global Health I UCSD-SDSU Program on Global Health. Dr. Liang was asked to present by Professor Tom Novotny, Director of the Global Health Program.

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KGTV-ABC !0 News Interviews Professor Bryan A. Liang on Counterfeit Tamiflu

October 30, 2009. With increasing reports on the extensive nature of H1N1/A (Swine) Flu infections, patients are seeking anti-viral Tamiflu anywhere they can get it, including over the border in Mexico. However, there may be risks in doing so. KGTV-ABC 10 News interviewed Professor Bryan A. Liang on the topic.

Professor Liang noted that Tamiflu purchased over the border and on the Internet is likely to be fake. He indicated that much of the Tamiflu supply is under the control of the Mexican federal government, and Tamiflu now represents the most spanned drug in email solicitations. He cautioned patients to avoid these high risk sources and stick with local pharmacies.

Professor Liang was interviewed by Michael Chen, KGTV reporter.

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WFRU Interviews Professor Bryan A. Liang on Public Option Proposal

October 23, 2009. With the public option becoming more of a viable concept in Washington, questions are being raised about its viability. WFRU in Columbia, MO asked Professor Bryan Liang about his assessment of this alternative.

Professor Liang noted that Missouri has quietly established its own public option system, growing the program from a state employee program and extending it to local governments, in combination with a state based program that allows small business employees to maintain insurance, which has helped increase insurance coverage. This state-based approach may be a model for US efforts.

Dr. Liang was interviewed by Davild Lile on the WFRU Morning Show, WFRU.

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84WHAS Discusses Health Care Reform Options with Professor Bryan A. Liang

October 21, 2009. The options being floated in Congress for healthcare reform are numerous. Yet insurance access may not solve the healthcare problems for many Americans. 84WHAS in Lousiville, KY asked Professor Bryan Liang for his thoughts.

Professor Liang noted that insurance access is not the same as healthcare access, and that insurers who have limited competition under current antitrust exemptions may simply deny care to reduce costs. He advocated for removing antitrust exemptions increase competition and permitting insurers to compete across state lines. He also indicated that a Medicare basic benefits package for all, with competition on any additional healthcare services and products beyond that basic benefits package would ensure adequate access to services while allowing competition to provide a greater range of options for those who want additional services.

Dr. Liang was interviewed by Francene Cucinello, host of The Francene Show, WHAS News.

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IHLS Participates in Kids' News Day for Benefit of Rady Children's Hospital

October 20, 2009. The Institute of Health Law Studies was ready to hit the streets before the ink had time to dry on the daily San Diego Union Tribune. IHLS picked up 200 papers at the local distribution center for the 20th Annual Kids’ News Day and set out before sunlight to sell them on the corners of 3rd and Cedar Street downtown.

With the assistance of several law students from California Western School of Law, Pam Tait, IHLS Program Administrator stood with bundles of freshly printed papers on the street and began selling the papers for $1 each and any additional donation. Today’s paper was a special edition of the Union Tribune that featured the advances being made and lives being changed at Rady Children’s Hospital in San Diego.

IHLS was able to raise funds to promote better healthcare for the San Diego community, including the 143,000 children in need. In addition, the effort brought awareness to the public that local efforts can make a difference in someone’s life through even a small donation.

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CKTB Canada Discusses Health Care Reform with Executive Director Bryan A. Liang

October 20, 2009. Health insurance reform has attracted attention across the border in Canada. Canadians are interested in determining the chances for substantive reform in the US because of the potential impact on services within their borders. CKTB in St. Catherine’s, Ontario interviewed Professor Bryan Liang, who has worked in Canada on US-Canada health issues, for his assessment.

Professor Liang noted the key issue is insurer regulation and how it may affect denials of care requests by patients. He indicated that without attention to denials, and other barriers such as increased pre-authorization requirements for expensive disease treatment, even more patients may be left without access under health care reform.

Professor Liang was interviewed on CKTB News Hour by Stephanie Sabourin.

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KMJ News Interviews Professor Bryan Liang on Health Care Reform and Patient Access

October 20, 2009. Health care reform efforts have been promoted as increasing access to all citizens. Yet there may be weaknesses. Professor Bryan Liang was interviewed by KMJ Fresno on his perspective.

Professor Liang noted that with limited ability of insurers to “cherry pick” the healthiest patients, they will turn to their other major tool to reduce costs—simple denial of care. He called for a rigorous regulatory structure to ensure standard systems of accountability for these insurers as well as the government if they enter into health care provision.

Professor Liang was interviewed by Ray Appleton on the Ray Appleton Show, KMJ Fresno, CA.

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San Diego Business Journal Quotes Professor Bryan A. Liang on Healthcare Reform Concerns

October 19, 2009. The challenges on the local and national levels with respect to health care reform have brought great concerns to health care business leaders. The San Diego Business Journal interviewed Professor Bryan Liang on the issues and an assessment of what may happen in the ensuing negotiations.

Professsor Liang noted that much of the business focus is upon stakeholder financial benefits and losses, despite rhetoric to the contrary. He also added that costs will rise but challenges to greater public involvement in health care are hollow since much of the health care delivered in the US is through government programs already.

The story is "Providers Fear Costs of Medical Reform Could Outweigh Benefits" by Marion Webb in the October 19, 2009 issue of the San Diego Business Journal.

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KCBS Radio Interviews Professor Bryan A. Liang on Access to Care Issues in Health Care Reform

October 19, 2009. Challenges on the national and local level with respect to health care reform are heating up as debate continues. KCBS San Francisco interviewed Professor Bryan Liang on these issues.

Professor Liang noted that without attention to private health care incentives to deny care or create barriers to re-enrollment of patients into plans, health care access by sick would be stymied. As well, he pointed to the current controversy in San Francisco with one group of providers being terminated by an HMO associated with UCSF due to financial concerns, putting patient access to care at risk.

Professor Liang was interviewed on KCBS News in San Francisco, CA.

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Bryan A. Liang and Judith McCarter Publish Perspectives Pieces on Fraud and Abuse Compliance

October 19, 2009. Fraud and abuse costs hundreds of billions of dollars to the health care system each year. Yet the lack of standardization of regulator expectations makes compliance difficult. IHLS Executive Director Professor Bryan A. Liang and IHLS Research Associate Judith McCarter published a Perspectives piece in the Los Angeles Daily Journal that proposes reform in this critical area.

Dr. Liang and Ms. McCarter indicate that there is a business case for ethical business practice in the health care arena, including implementation of fraud and abuse compliance programs. They propose a standardized structure based on previous government model compliance programs for all health care business, and additional unique characteristics for each health care sector. In exchange for such implementation, government authorities would presume compliance with these laws. They would also make stimulus funds available for electronic internal audit implementation.

The piece is entitled "Cooperative Compliance: Healthcare Fraud and Abuse, in the October 19, 2009 issue of the Los Angeles Daily Journal on page 5.

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KIRO Seattle Discusses Health Care Reform with IHLS Executive Director Bryan A. Liang

October 19, 2009. Health care reform advocates are questioning current health reform efforts. KIRO Radio in Seattle interviewed Professor Bryan Liang on his perspective.

Professor Liang noted that federal law, the Employee Retirement Income Security Act, insulates insurers from denial of care damages claims of patients, and that reform proposals do not address insurer denials, increases in pre-authorization requirements for sick patients, or increases in premiums. He called for strict regulation of private insurers or a single payer structure to ensure adequate coverage for patients when they need care.

Professor Liang was interviewed by Dave Ross on the Dave Ross Show, KIRO Radio, Seattle, WA.

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Los Angeles Times Interviews Professor Bryan A. Liang on Adequacy of Healthcare Reform Efforts

October 19, 2009. Health care reform efforts continue apace. Yet questions still remain as to whether they are enough. The Los Angeles Times interviewed Professor Bryan Liang on his perspective.

Professor Liang noted that under current health care reform efforts, the system is still stacked against the patient. He noted that the strong role of private insurers will continue to allow incentives to deny care and create barriers for patients to receive it. He called for substantive reform that strongly regulates when care can be denied and how much insurers may charge sick patients.

The story is "Healthcare bills lack protections against treatment denials, experts say" by Lisa Girion in the October 19, 2009 edition of the Los Angeles Times.

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San Francisco Daily Journal Quotes Professor Bryan A. Liang on Disability Insurer Story

October 13, 2009. Disability insurers have engaged in significant abuses in denying claims. An investigative report on these practices show tremendous challenges for beneficiaries to obtain benefits due to federal law. The San Francisco Daily Journal interviewed Professor Bryan Liang on the issue.

Professor Liang noted that insurers have little if any incentive to grant disability benefits even in the face of independent physician and Social Security Administration agreement the person is disabled. Review of insurer decisions under federal law have a low “abuse of discretion” standard. He called for an independent review assignment system that does not reward external reviewers for denying claims through repeat business.

The story is "Doctors Paid To Aid Insurers In Disability Claim Denials," by Evan George of the San Francisco Daily Journal. This story is Part II of the special investigative report on disability insurer practices.

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Professor Bryan A. Liang Joins Editorial Board of Drug Topics

October 9, 2009. Professor Bryan A. Liang has joined the Editorial Board of Drug Topics. Drug Topics is a monthly publication that covers professional drug topics and policy for the pharmacy and pharmaceutical professional communities.

"This appointment is a great honor and opportunity," said Professor Liang on the announcement. "Drug Topics addresses issues on the cutting edge of the pharmaceutical and pharmacy world, and has tremendous impact in policy discussions in the US."

Dr. Liang was invited to the board by Margaret Mulligan, Editor-in-Chief of Drug Topics.

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IHLS and HLS Reaches San Diego Blood Bank Life Level Four Member with Most Recent Blood Drive

October 8, 2009. The Institute of Health Law Studies and Health Law Society held its fourth blood drive of the year, with 29 successful donations for the event. With this most recent effort, IHLS and HLS reached the pinnacle group level possible for blood donations, the Life Level Four Member. LIfe Level Four Members exemplify the highest level commitment to community service and play a pivotal role in ensuring that our community has a plentiful blood supply available for patients in need.

"Many committed people provide blood for the benefit of patients," said Dr. Bryan Liang, Executive Director of the Institute of Health Law Studies, and a former blood bank director. "But to reach this highest level of community service is truly a great accomplishment. IHLS, HLS, and the CWSL community of faculty, staff, and students should be proud to be part of this elite group."

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Congressional Quarterly Researcher Story on Prescription Drug Abuse Features Comments by Professor Bryan A. Liang

October 8, 2009. The revelations of prescription drug abuse highlighted by celebrity deaths has promoted investigations by a wide array of policymakers. CQ Researcher in its focus research article on this topic featured comments by Professor Bryan Liang.

Professor Liang directed his comments on the scope of prescription drug abuse compared with illicit drugs. He also noted that there is tremendous unregulated demand through the Internet, and pointed to the challenges of legal responses to the problem. Finally, he noted that prescription drug abuse is growing alarmingly in the youth population, and that policymakers must act to prevent "young addicts, since young addicts become adult addicts."

The article is "Medication Abuse: Is tighter regulation of prescription drugs needed?," by Marcia Clemmett in the October 9, 2009 issue of CQ Researcher.

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Los Angeles Times Interviews Professor Bryan Liang on Transplantation Coverage Article

October 7, 2009. Challenges to denial of insurance claims such as transplantation have raised important policy issues for health care reform advocates. The recent case filed against Blue Cross California for denying such a claim for a patient who choose to relocate to Indiana for an improved chance at getting an organ has highlighted these concerns. The Los Angeles Times interviewed Professor Bryan Liang on the issue.

Professor Liang noted that insurers choose particular groups and physicians to review these claims, often, as in this case, without transplantation backgrounds or experience. He added patients have little knowledge of how the system works, and so are often powerless to challenge these denials. He called for reform in this area based on required expertise to review challenged health insurer denials.

The story is "Patient sues Anthem Blue Cross over liver transplant" by Lisa Girion in the October 7, 2009 issue of the Los Angeles Times.

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IHLS Participates in 3rd Annual Rady Children's Hospital Shamu and You Family Walk


October 3, 2009. The Institute of Health Law Studies, led by Program Administrator Pam Tait, once again participated in the Rady Children's Hospital Annual Shamu and You Family Walk. The IHLS "Whale Walkers" team raised almost $700 to help sick children in the San Diego community.

The IHLS team was one of the 157 that walked for the event. There were over 137 volunteers and together the Family Walk raised over $250,000.   All proceeds will help support the life-saving efforts at Rady Children’s Hospital in San Diego. IHLS has supported the Shamu and You Family Walk each year through team participation and volunteer efforts.

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Executive Director Professor Bryan A. Liang Gives Emergency Public Health Powers Presentation

October 1, 2009. The challenges of pandemic flu, bioterrorism, and other public health emergencies require an attention to public health powers in disaster and emergency preparedness. Professor Bryan Liang gave a presentation in the seminar series, “Legal Lessons of Katrina & Other Natural Disasters.”

“Key to understanding public health legal powers in emergencies and disasters are the 5D’s: in these circumstances, public health providers have the power to “do [things to] and detain” individuals, “direct” professional activities, “determine” the use of private property, and “disclose” private healthcare information,” Dr. Liang explained. “These powers are critical in ensuring that an adequate response to unforeseen public health issues can occur.”

Professor Liang was asked by Professor Ken Klein of California Western School of Law to provide present on this topic for the series.

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San Francisco Daily Journal Article on Pharmaceutical Executive Conviction Quotes Professor Bryan Liang

September 30, 2009. The closely watched trial of Scott Harkonen, the ex-CEO of InterMune, who was accused of wire fraud by federal authorities for statements made promoting unapproved uses of its product in press releases, resulted in a guilty verdict. The San Francisco Daily Journal asked Professor Bryan A. Liang to comment.

"This is a huge win for the Department of Justice, which has been trying to reign in illegal off-label claims for drugs by pharmaceutical companies," said Dr. Liang. "Beyond already fining the company $37 million, personal liability against executives should send a strong message that drug company officers cannot assume they are safe even if the company pays out millions in penalties," he added.

The story is "Biopharm exec is convicted," by Rebecca Beyer in the September 30, 2009 issue of the San Francisco Daily Journal.

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Executive Director Professor Bryan A. Liang Quoted on KPBS Story on California Gender Rating Bill

September 29, 2009. As federal health care reform stalls, individual states are moving forward with their own efforts. The California Legislature has passed a gender rating bill and sent it to the Governor. The bill would prohibit individual health insurance plans from discriminating against women by charging them higher premiums. KPBS asked Professor Bryan A. Liang to comment.

"This approach of gender neutrality in health insurance premiums is not something new or unusual, since at least 10 other states have similar provisions," observed Professor Liang. "With health care reform wrangling and lack of progress on the federal level, it is important for states to lead the effort," added Professor Liang.

The story is "Two Bills Could Change California's Individual Insurance Market", KPBS. Professor Liang was interviewed by KPBS Health Reporter Kenny Goldberg.

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IHLS Joins the Rady Children’s Hospital Miracle Makers Celebration at Humphrey’s by the Bay

September 23, 2009. IHLS was honored as part of the Miracle Maker at the Rady Children's Hospital Miracle Makers Celebration at Humphrey's by the Bay. The event celebrated all the outstanding fund raisers for the children in San Diego.

Through its many hours of fund raising and volunteering, IHLS reached the status as a Miracle Maker with Rady Children’s Hospital. As a Miracle Maker, IHLS enhances hospital morale, increases corporate and community awareness and enriches the lives of sick children. IHLS has built a healthy partnership for CWSL and Rady Children’s Hospital through its commitment to community service for this critical patient population.

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Nature Biotechnology Interviews IHLS Executive Director Bryan A. Liang on Biotech Drug Safety

September 21, 2009. New evidence suggests that safety issues are heightened with complex drugs known as biologics. Nature Biotechnology, the leading worldwide biotechnology academic journal, interviewed IHLS Executive Director Bryan Liang on these findings.

Professor Liang noted that it was unsurprising that biologic drugs have greater risks due to their size and complexity. Dr. Liang also observed that the use of living organisms also contributes to the potential for adverse effects, and pointed to the Epogen case that resulted in patients not only being allergic to the drug, but also the resultant patient immune reactions to their own natural form. These findings point to the need for significant safety studies for any future new or "biosimilar" form of biotech drugs.

The story is "JAMA study casts cloud over biologic safety" by Jim Kling, in volume 27, pages 11-12 of Nature Biotechnology.

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IHLS Provides Assistance to the Steve Open 6th Annual Tower Glass Golf Tournament

September 12, 2009. As the San Diego temperatures reached the 3-digit numbers, IHLS was out on the Steel Canyon Golf Course in Jamul to support the Rady Children's Hospital. At this community service event, there were 144 players in a four man scramble format that bore the heat as IHLS provided them liquids to keep hydrated and found them shade as they waited for their teams to tee off. At its peak, the heat reached 103 degrees but IHLS managed to keep the players hydrated and moving along the course.


All proceeds from the tournament went to assist children in the San Diego community through the Rady Children’s Hospital Foundation. IHLS participates regularly in supporting the Rady Children's Hospital activities and service events.

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WBAL Radio Interviews Professor Bryan Liang on Novel H1N1/A Swine Flu Issues in Schools

September 1, 2009. With the upcoming school year beginning, schools concerned with the novel H1N1/A (Swine) Flu transmission have adopted policies, including a “no touch” policy for students in an effort to prevent transmission. WBAL interviewed Professor Bryan Liang on his thoughts on this strategy.

Dr. Liang noted that the "no touch" policy was a tenuous idea at best, and asking students not to touch each other will not be an effective approach to limit infections. He also indicated that since the virus stays infectious for 2-8 hours on inanimate surfaces, a robust system of cleaning as well as traditional flu hygiene would be a better approach.

Dr. Liang was interviewed on the Shari Elliker Show, WBAL in Baltimore.

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IHLS Partners with Rady Children’s Hospital in Cancer Care Center Fundraiser

August 20, 2009. In another community service project with Rady Chldren's Hospital, IHLS partnered with the Cancer Care Center to support the 6th Annual Dale Donnelly Memorial Golf Tournament. As part of this effort, IHLS representatives, including Program Administrator Pam Tait, managed the administrative process of checking in more than 100 golf participants arrived at The Riverwalk Golf Club, coordinated team foursomes for photos, and matched them up to their labeled course transport. It was a beautiful summer day in San Diego for all that attended.

IHLS Executive Director Bryan A. Liang noted that "this is the kind of community partnership IHLS is so very fortunate to have the opportunity to participate in." Dr. Liang also added that "our presence and particularly the leadership of Pam Tait has really allowed us to give back to those worthy patients and families who are courageously facing some of the most complex diseases and challenges to their health."

This was the 6th Annual Dale Donnelly Memorial Golf Tournament held by Rady's. The tournament helps to “restore, sustain and enhance the health and development potential of children” here in San Diego. Past tournaments have raised over $60,000 for this worthy cause. IHLS has worked with Rady Children's hospitals on numerous community events, including its Valentine Day Party for children and their families, and Pam Tait and Executive Director Bryan A. Liang serve on Rady's Auxilliary Board.

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Bankrate.com Article on Student Health Insurance Quotes Professor Bryan A. Liang

August 20, 2009. As students go back to school, parents are faced with increasing costs. One area, student health insurance coverage, is a growing issue after a GAO report indicated many school-based plans are limited. Bankrate.com interviewed Professor Bryan Liang on the topic.

Professor Liang indicated that many school programs have extremely limited coverage and have internal caps on services. He noted that the best solution for the vast majority of students is to keep their parents plan if possible. He called for colleges and universities to allow students to use their families' health insurance for the benefit of students, their families, and the schools themselves.

The story is "Campus health insurance or family plan?" by Melissa Ezarik, and was posted online at Bankrate.com on August 20, 2009. Professor Liang is also author of the report, "Crisis on Campus: Student Access to Health Care," forthcoming in the University of Michigan Journal on Law Reform. This report has been a Top Ten Downloaded paper (see "Professor Bryan A. Liang's Paper on College Health a Top Ten Downloaded Paper in Multiple Categories," a July 9, 2009 Institute Healthliner).

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National Committee on the Prevention of Elder Abuse Appoints Professor Bryan Liang to Research Proposal Review Committee

August 14, 2009. The National Committee for the Prevention of Elder Abuse appointed Professor Bryan Liang, Executive Director of the Institute of Health Law Studies to its Research Proposal Review Committee. This committee is empowered to choose ten elder justice coalitions across the United States for funding.

"This is a wonderful opportunity to promote the goals of the NCPEA, including a broader role for elder justice coalitions," said Dr. Liang. "This function is an important part of the effort of the US Administration on Aging to address the key problem of elder abuse in the US."

Dr. Liang was invited to serve on the committee by Professor Pam Teaster, President of the NCPEA.

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Executive Director Bryan A. Liang Quoted in Story on Governor's Line Item Vetoes

August 13, 2009. The budget woes of California continue despite an apparent agreement. Senate Pro Tem Darrell Steinberg filed suit against Governor Schwartzenegger after the Governor used the line item veto to cut $400 million from the recently agreed on budget. The Los Angeles Daily Journal interviewed Professor Bryan Liang on his reaction.

Professor Liang indicated that the key would be the definition of “appropriations” to ascertain the legality of the Governor’s efforts. However, he observed that this would likely cost taxpayers more money, and both sides should have addressed these issues before a final budget was sent to the Governor’s office.

The story is "Health Care Providers Pile on Budget Lawsuits Against Governor" by Evan George, in the August 13, 2009 edition of the Los Angles Daily Journal.

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San Francisco Daily Journal Article on Pharmaceutical Executive Trial Quotes Professor Bryan A. Liang

August 11, 2009. With federal prosecutors gearing up for a criminal trial against a Dr. Scott Harkonen, a former drug company executive charged with fraudulent off-label promotion, the San Francisco Daily Journal interviewed Professor Bryan Liang on the case.

Professor Liang noted that there were specific laws prohibiting off label promotion, and there are clear lines about what can and can’t be said in communications regarding drug use in promotion. He also observed that criminal cases in this area are rare, and only egregious examples are those that are prosecuted.

The story is "Off-Label Drug Marketer Heads to Trial: Pursuit of Individual Criminal Charges is Unusual, Attorneys Say, and Raises Questions," by Rebecca Beyer, in the August 11, 2009 edition of the San Francisco Daily Journal.

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Professor Bryan A. Liang Publishes San Diego Union Tribune Opinion Editorial on Insurance Regulations

August 9, 2009. The issue of health insurance rescission has garnered state and national attention. Recently, the California Department of Insurance announced new proposed regulations to address the issue.

However, Professor Bryan Liang notes in an opinion editorial in the San Diego Union Tribune that the law is already established, and no new regulations are needed. Instead, he called for more resources for aggressive enforcement action against offending insurers. He also called for an independent panel to review potential rescissions before they occur.

The opinion editorial is "Curing insurance ills: We need fewer words and more enforcement action," in the August 9, 2009 edition of the San Diego Union Tribune, on page B5.

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Research Associate Tim Mackey and Executive Director Bryan A. Liang Publish Op Ed in San Francisco Daily Journal on Climate Change Technology Transfer

August 7, 2009. With Congressional proposals on the environment and the UN Climate Change conference looming, the issue of climate change and global mitigation of its impact has become increasingly important in international policy. Tim Mackey, IHLS Research Associate, and Professor Bryan Liang,IHLS Executive Director, in an opinion editorial in the San Francisco Daily Journal argue that more needs to be done to provide developing countries with “green” technology to assist in their economic development while simultaneously protecting the environment. Use of a “messenger model” and discounted climate change technology transfer can accomplish these goals while also providing flexibility for both the public and private sectors.

The opinion editorial is "The Green Light" in the August 7, 2009 issue of the San Francisco Daily Journal, page 6.

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Executive Director Bryan A. Liang Interviewed by National Public Radio on Michael Jackson Story

August 4, 2009. The increasing revelations of Dr. Conrad Murray have made headlines as each day passes without a confirmed cause of death of Michael Jackson. Dr. Murray is the physician that was with Michael Jackson when he died and is the reported source of the controversial drug propofol that Jackson took for sleeping. NPR interviewed Professor Bryan Liang on the medical-legal implications of the investigation.

Dr. Liang noted that the drug Dr. Murray was using is generally not used outside the operating room, and never in the home setting. As well, procuring drugs for Michael Jackson that were not medically indicated could place the physician in circumstances that allow for an involuntary manslaughter charge to be brought against him beyond civil lawsuits for malpractice.

Dr. Liang was interviewed by Robin Young, host of the NPR "Here and Now" program.

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IHLS Reaches “Group Difference Life Level Three Member” Status with San Diego Blood Bank

July 30, 2009. Due to the third successful blood drive held on July 14, 2009, IHLS was recognized by the San Diego Blood Bank as a “Life Level Three Member.” This is a community service title provided to local San Diego groups that set out each year with a projected goal and have reached selected milestones in program support and outcomes. IHLS collaborates with its student organization, the Health Law Society each quarter to conduct an on campus blood drive.

Dr. Bryan A. Liang, Executive Director of IHLS, noted that “this community service recognition by the San Diego Blood Bank is a wonderful indication that our programs are on track and are benefiting San Diego patients.” He added that “as a former blood bank director, these partnerships in the community provide a significant benefit for patients because of the limited supply and constant need for these gifts of life.”

The highest level in the system is a Life Level Four Member Status, which IHLS will be seeking at its next blood drive on October 8, 2009.

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WBAL Interviews Professor Bryan Liang on Swine Flu and Vaccination Programs

July 29, 2009. The H1N1/Influeza A Swine Flu has recently been reported by the CDC to have caused one million infections and 300 deaths in the US this year. As the fall seasonal flu season comes closer, the development of vaccines and programs to address it have been discussed by the CDC. WBAL in Baltimore interviewed Professor Bryan Liang on the progress of public health efforts.

Professor Liang noted that by August, the H1N1/A vaccine would be in testing and the planned roll out will be likely in October. He added that challenges as to getting people to get the vaccine and public health surveillance will test our systems, and will bear close monitoring to ensure effectiveness. He urged listeners to obtain both the regular flu shot as well as the Swine Flu vaccine.

Professor Liang was interviewed by Shari Elliker of WBAL. Dr. Liang has been a regular contributor to a wide array of media on public health issues, including the Swine Flu.

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Los Angeles Times Story on Michael Jackson Death Quotes Professor Bryan Liang

July 20, 2009. Revelations about Michael Jackson's death, including the potential role a physician prescribing powerful anesthetics could have played, have made headlines around the world. Hence, the accountability of medical providers in celebrity cases has become more prominent in the case. The Los Angeles Times interviewed Professor Bryan A. Liang on the issue.

Professor Liang indicated that the process in the Jackson case, like Anna-Nicole Smith, may take years because of the required investigations and toxicology tests that must be associated with law enforcement activities. He also noted that generally, medical care providers are held accountable using the civil system rather than the criminal system, and state medical boards could sanction, censure, and revoke licenses of those involved if they find wrongdoing.

The story is "Murder charges in Michael Jackson case are unlikely, source says," by Jack Leonard and Harriet Ryan in the Sunday, July 19, 2009 edition of the Los Angeles Times.

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IHLS and HLS Hold Blood Drive for San Diego Blood Bank

July 14, 2009. The Institute of Health Law Studies and the Health Law Society of California Western School of Law held a blood drive to assist the San Diego Blood Bank in its efforts to ensure patient access to life-saving blood and blood products. The Drive's goal was 22 units, and the IHLS/HLS efforts resulted in an even greater collection, with a total of 24 units collected.

"Once again, IHLS and HLS were able to assist in this key community effort," noted IHLS Executive Director Professor Bryan A. Liang. "The need for blood is constant, and there are always shortages. By continuing our commitment to service, we are able to contribute to ensuring the most needy have access to this life-saving and life-sustaining resource."

IHLS and HLS are strong supporters of the San Diego Blood Bank, holding several blood drives each year. Institute Program Administrator Pam Tait coordinates these efforts, and has led the collection activities for the last several years.

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Professor Bryan A. Liang's Paper on College Health a Top Ten Downloaded Paper in Multiple Categories

July 9, 2009. Professor Bryan A. Liang's paper, "Crisis on Campus: Student Access to Health Care," forthcoming in the University of Michigan Journal on Law Reform, was a Top Ten Downloaded Paper in DSHE: Consumer Behavior; Insurance & Financing in Health Economics; MCM: Other Regulation-Consumer Markets; and Education Law: College & Graduate Education, in the Social Science Research Network/Economic Research Network. The Social Science Research Network and Economic Research Network represent the largest source of social science and legal scholarship on the Internet, representing hundreds of thousands of academic papers, both published and unpublished.

"It is extremely gratifying to see our work garnering the attention of the academic community," said Professor Liang. "The community of scholars that can benefit from our research helps us promote our mission to do relevant and important work that assists in informed policymaking."

This is not the first time Professor Liang has been the author of a Top Ten Downloaded Paper. Several other articles he has written have also been in this elite category.

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IHLS 5th Annual Erizen Sei Bowles Feed A Friend Food Drive Begins

July 1, 2009. There are over 16,000 homeless men, women and children throughout San Diego County. During the summer months, the Alpha Project’s food bank is very low and they are in need of non-perishable food items. Starting July 1st and throughout the month of July, IHLS will be collecting food items to help replenish the food bank for our homeless community here in San Diego.

Institute Executive Director Professor Bryan A. Liang stated that "Our students here at CWSL take an active role in assisting with the food donations and they really help make a difference in our local community. This is an annual event and this will be our fifth year assisting in this key community effort."

The Erizen Sei Bowles Feed A Friend Food Drive is named after Erizen Sei Bowles, a former CWSL student and IHLS President, who lost his life in an accident three years ago. He had a special interest in the plight of the homeless. The Food Drive is coordinated by Pam Tait, Program Administrator of IHLS.

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Federal Trade Commission Study on "Authorized Generics" Features Research by Professor Bryan A. Liang

June 25, 2009. The Federal Trade Commission recently issued a long awaited report on "authorized generic" drugs. These drugs are brand name-sponsored forms that may have anticompetitive effects on generic drug entry. In this report, the Federal Trade Commission featured research by Professor Aidan Holiis of the University of Calgary and IHLS Executive Director and Professor Bryan A. Liang. The FTC found that its analysis agreed with Professors Hollis and Liang's.

"It is quite gratifying that our work was found to be useful by the FTC," said Professor Liang. "The challenge of access to drugs is a key policy issue and of great interest to the Obama administration, and we are of course quite happy that the FTC came to the conclusions we did in our analysis."

The report is entitled, "Authorized Generics: An Interim Report by the Federal Trade Commission," June 2009. The study on which the FTC relied is Aidan Hollis & Bryan A. Liang, An Assessment of the Effect of Authorized Generics on Consumer Prices, Arlington, VA: Generic Pharmaceutical Association (2006) (reprinted as: Aidan Hollis & Bryan A. Liang, An Assessment of the Effect of Authorized Generics on Consumer Prices, 10(1) Journal of Biolaw & Business 10-18 (2007)).

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IHLS Executive Director Professor Bryan A. Liang and Member Arlene Luu Give Elder Abuse Presentations at Southwestern School of Nursing

June 24, 2009. Executive Director Professor Bryan A. Liang and IHLS Member Arlene Luu gave elder abuse presentations at the Southwestern School of Nursing in Otay Mesa, CA. Professor Liang’s presentation was entitled, “Elder Abuse, Reporting, and Recognition: Using Patient Safety Principles in the Protection of the Vulnerable Patient,” and Ms. Luu’s presentation was entitled, “Assessing, Understanding, and Reporting Elder and Dependent Adult Abuse.”

Professor Liang noted that “there are no perfectly consistent signs and symptoms of elder abuse. But as providers, we can use our skills to identify clues that allow us to conclude whether there is reasonable suspicion of elder abuse.” He added that “it is not only our legal obligation to report elder abuse, it is also our ethical duty as healthcare providers with the privilege of treating patients.”

Ms. Luu added that “there are a lot of practical ways of determining when and how someone should report abuse. Each situation has to be evaluated individually, but no one can prevent you from reporting it.” Ms. Luu provided an extensive array of examples of abuse from recent and local newspaper accounts, and statistics on the prevalence of elder abuse.

Professor Liang and Ms. Luu have published extensively on the topic of elder abuse, and have given several training sessions on this topic. In addition, their educational presentations fulfill mandatory training requirements in this area.

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Professor Bryan A. Liang Gives Plenary Presentation on the Future of Healthcare at Leadership Forum

June 23, 2009. Dr. Bryan A. Liang, Executive Director and E. Donald Shapiro Distinguished Professor at the Institute of Health Law Studies, gave a featured plenary presentation at the University of California San Diego Health Sciences Leadership Forum. His presentation was entitled, "Facing the Future: Healthcare Survival in an Uncertain Delivery Climate."

As indicated by Professor Liang, "we need to get the steps right in the business of healthcare. Providing the right care, to the right patient, at the right time most efficiently is the second step. The first step is getting the business." Professor Liang then outlined the critical changes in health care and health care reform that may make the delivery of medical care "go from a wholesale model, where large employers purchase care, to a retail model, where individual patients choose what services and service providers they will use." He outlined how healthcare providers must not only render good care, they must also be able to document that care. "We are increasingly being asked to prove the effectiveness of our efforts using a wide array of care scores," said Professor Liang. "We are particularly doing poorly at patient satisfaction, as are all healthcare providers. We need to see this as an opportunity to improve what we do and, importantly, how we can do it better for our patient populations."

Professor Liang is a noted expert on health policy, and has spoken to a wide array of groups on healthcare issues and reform. He is a physician, attorney, and health services researcher and works with healthcare organizations on quality, safety, and patient satisfaction issues.

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Executive Director Bryan A. Liang Gives Professionalism in Audiology Presentation

June 22, 2009. Professor Bryan A. Liang, Executive Director of the Institute of Health Law Studies, gave an invited presentation to the combined University of California San Diego-San Diego State University audiology students on the present and future professionalism issues in audiology. His presentation was entitled, "Ethics and Professionalism in Audiology: Choosing A Model."

"The law takes a strong view of financial conflicts of interest, and audiology is at a crossroads. With sales of a product vying with a desire for professionalism, a choice of either business ethics, to maximize profits, or professional ethics, to maximize social good, will dictate how the field will grow," he noted. He also added that "In the next 25 years, more people will be over the age of 65 than under 18. The graying of America will lead to more demand for audiology. What role the field will play in the future will be dictated by decisions today."

Professor Liang was asked to speak by Professor Jacque Georgeson, Director of the Audiology Clinic at UCSD-SDSU.

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Visiting Scholar Professor Fusako Seki GIves Comparative Health Systems Presentation at IHLS

June 16, 2009. Professor Fusako Seki, a visiting scholar at the Institute of Health Law Studies, gave a comparative health policy presentation for the California Western School of Law and broader community. Her presentation was entitled, “Looking at the U.S. Health Care System from Japan.”

In her presentation, she provided an introspective assessment of the insurer system, contrasting the Japanese system of public financing and uniform access with the U.S. system of private financing and variations in access. She noted that the differential in access also extended to high level services, which are more available in the U.S., compared with Japan. She concluded that both countries face similar challenges, and both systems have something to learn from the other.

Professor Seki is a social security and social welfare professor at Yokohama National University in Japan. She received her PhD in law from the University of Tokyo.

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North County Times Features Interview with Professor Bryan Liang in Hospital Lawsuit Article

June 6, 2009. The competition in health care has intensified the focus on provider arrangements. However, diversion of emergency cases from in-network providers and other facilities cannot occur unless patients brought to an emergency room are given an appropriate medical screening examination and stabilized. Tri-City Hospital is in a conflict with Scripps Health in a case involving changed contracting providers and claimed inappropriate emergency transfers. The North County Times interviewed Professor Bryan Liang on the implications.

He noted that under federal law, patients must be stabilized and given an “adequate” medical screening examination before transfers from one emergency department to another hospital can occur. Further, under state law, patient must have “reasonable access” to care. Although contracting relationships allow in-network limitations, emergency cases and patient health cannot be jeopardized by these contracts.

The story is "Hospitals: Law Professor Sees Mixed Bag in Hospital Suit," by Paul Sisson in the June 6, 2009 edition of the North County Times.

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IHLS Executive Director Bryan Liang and Research Associate Tim Mackey Publish Op Ed on Cybersecurity and Drug Safety

June 4, 2009. The Obama adminstration recently announced efforts to coordinate cybersecurity measures for the protection of U.S. citizens. Professor Bryan Liang and research associate Tim Mackey published an opinion editorial in the Los Angeles Daily Journal noting that this effort ignored a crucial patient safety concern: the purchase of medicines online.

Professor Liang and Mr. Mackey noted that this billion dollar industry involves tremendous criminal elements, risks the health and safety of patients, can result in identity theft, and creates a system of drug pushing from the streets to cyberspace. They also point out that search engines, unethical providers, and others profit off these sales with virtual impunity. They called for more intensive regulation and accreditation of Internet drug sellers using federal law.

The opinion editorial is entitled, "Searching for Cybersecurity: Accountability for Illicit Online Drug Sales," in the June 4, 2009 edition of the Los Angeles Daily Journal, page 6.

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Congressional Testimony Features Research of Executive Director Bryan A. Liang

June 3, 2009. The healthcare reform debate has focused significantly on the cost of pharmaceuticals, and particularly on the price differences between brand name drugs and generics. However, policymakers are debating whether "authorized generics," i.e., generics sold by brand name companies during a period of legally-created sales exclusivity for independent generic drugs that successfully challenged brand name patents, should be allowed.

Professor Bryan A. Liang's research showed that drug prices were the roughly same when prohibiting authorized generic sales during the exclusivity period. His legal analysis also indicated that independent generic exclusivity should include brand name drug forms, including authorized generics. This work was cited in testimony in front of the House Committee on the Judiciary, Subcommittee on Courts and Competition Policy by Heather Bresch. Her testimony was entitled, "Pay to Delay: Are Patent Settlements That Delay Generic Drug Market Entry Anticompetitive?" on June 3, 2009.

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Professor Bryan A. Liang Discusses Transplantation Policy Issues in California Lawyer Article

June 4, 2009. The criminal charges of dependent abuse in the Ruben Navarro case against transplant surgeon Dr. Hootan Roozrokh sent shockwaves through the medical transplant community. California Lawyer interviewed Professor Bryan Liang on the legal and policy implications of the case.

Professor Liang indicated that a significant part of the problem was the lack of standardization of transplant protocols, and the need for better public education on the systems in place for transplants. He also noted that this will become an increasingly important issue as the population ages, and the needs for transplants increase.

The article is "Cutting It Close: How a small-town DA’s office raised disturbing questions about the harvesting of organ," the cover story of the June 2009 issue of California Lawyer, by Tom Nichols.

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Executive Director Bryan A. Liang Interviewed by KPBS on Department of Insurance Regulation

June 3, 2009. Illegal rescissions of health care insurance continue to attract policymaker attention. New regulations proposed by the California Department of Insurance have been released to address the issue. KPBS interviewed Professor Bryan Liang to get his reaction.

Professor Liang noted that the most important aspect of the announced regulations is that they may signal a commitment to enforcement of current law in this area. He added that the regulations closely mimic a 26 year old California Supreme Court case, and the regulations substantively are not different from the rights beneficiaries already have.

The story is "New Regulators Aimed At Preventing Health Insurers From Terminating Policies," by Kenny Goldberg, KPBS Health Reporter.

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Los Angeles Times Interviews Professor Bryan A. Liang on Proposed Insurance Rescission Regulations

June 3, 2009. The illegal rescission of individual health policies continues to be an important policy issue. Anticipating the next California gubernatorial election, and reacting to national media coverage on the issue, Department of Insurance Commissioner Steven Poizner released proposed regulations to stem this practice. The Los Angeles Times interviewed Professor Bryan Liang on his reaction to these regulations.

Professor Liang noted that the standards in the regulations already represent established law under a 1973 California Supreme Court decision. He indicated that the key to reigning in the illegal industry-wide practice is for regulators to aggressively enforce these legal obligations.

The story is "Proposal would combat rescissions of health insurance policies in California," by Lisa Girion in the June 3, 2009 issue of the Los Angeles Times.

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Professor Bryan A. Liang's Article on Internet Drugs Sellers Is Top Ten Downloaded Paper

June 1, 2009. Professor Bryan A. Liang's paper, co-authored with Research Associate Tim Mackey, "Searching for Safety: Addressing Search Engine, Website, and Provider Accountability for Illicit Online Drug Sales," published in volume 35 of the American Journal of Law & Medicine this year, was a Top Ten Downloaded Paper, in the Public Goods & Regulation in Health Economics, Social Science Research Network/Economic Research Network. The Social Science Research Network and Economic Research Network represent the largest source of social science and legal scholarship on the Internet, representing hundreds of thousands of academic papers, both published and unpublished.

"Having our work downloaded so extensively means, hopefully, that our work is substantive and of interest to the broader academic community," said Professor Liang. "The mission of IHLS includes research and advocacy in order to have an impact on health policy, and we are gratified that the attention to our work is consistent with this mission."

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Executive Director Bryan Liang Gives Presentation on Substandard Drugs at Canadian Pain Conference

May 29, 2009. Executive Director Professor Bryan A. Liang gave a presentation at the Canadian Pain Society Annual Conference "Pain-Translating Science into Care" in Quebec City, Quebec, Canada. His presentation was entitled, "Pain, Therapeutic Failure, and Risks of Substandard Drugs: A Policy Analysis."

"Traditionally, therapeutic failure in control of pain is usually attributed to human variation associated with the underlying disease state and its effects on the human body," said Professor Liang. "However, with the globalization of the drug supply, vulnerabilities have arisen that include fake or substandard drugs, or unfettered patient access through the Internet resulting in overuse and dampening of their effects."

The Canadian Pain Society is an international organization of basic scientists and clinical providers performing research on pain mechanisms, therapeutics, and public policy.

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Professor Bryan Liang Interviewed for Today/MSNBC.com Story on Generic Drug Safety

May 26, 2009. The globalization of the drug supply has resulted in challenges to safety and quality of medicines. However, not only new, brand name drugs are impacted, but so are generic drugs. In a story for the Today Show/MSNBC, Katherine Eban, an investigative reporter, interviewed Professor Bryan Liang on the issue.

Professor Liang noted that the limited inspection of overseas factories for generic drug manufacture is a huge regulatory loophole. He observed this is particularly risky today, as 90% of newly approved generic drugs are now manufactured overseas. He called for a much greater and more aggressive enforcement of generic drug manufacturers offshore, beyond simply setting up offices in foreign countries where access may still be limited.

The story is "Are generic drugs a bad bargain?," by Katherine Eban, available here.

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Executive Director Professor Bryan A. Liang Interviewed by Los Angeles Daily Journal for Insurance Rescission Story

May 21, 2009. As the first trial court case for health insurance rescission has started juror selection, increased attention on the case has begun. The Los Angeles Daily Journal interviewed Professor Bryan Liang, a noted expert in the area, for his perspective.

Professor Liang noted that the case is unprecedented, and that usually insurance cases settle or go through arbitration. He observed that for an insurer to bring a case to trial is highly risky because juror sympathies lie “with the Davids, rather than the Gioliaths.”

The story is "Health Care Rescission Case Goes to Trial: Potential Jurors Show Why Health Cases Don't Go to Trial," by Evan George, on page 1 of the May 21, 2009 issue of the Los Angeles Daily Journal.

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Professor Bryan A. Liang's Op Ed on Follow On Biologics Published by US News & World Report

May 18, 2009. The debate on healthcare reform has encompassed proposals to create a new approval pathway for “follow on biologic” drugs, which are copies of large scale protein biological drugs. However, there are challenges to adopting such a pathway using small, chemical pills and generics as the model.

Professor Bryan Liang outlined the scientific, medical, and policy concerns of follow on biologic drugs, and pointed to reforms that would ensure patient safety in his opinion editorial in the US News & World Report. He noted that legislative reforms must take into account the unpredictability of adverse events associated with new copies of biological drugs. Dr. Liang called for a unique naming system to rapidly identify drugs that could be associated with adverse drug events.

The opinion editorial is entitled, "High-Tech Medicines, Built to Mirror Originals, Can Have Dangerous Differences," in the May 18, 2009 issue of the US News & World Report.

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Executive Director Bryan A. Liang Interviewed for LA Times Story on Health Insurance Rescission Trial

May 18, 2009. The first trial court case associated with health insurance rescission of individual policies has begun. With the national focus on health reform, the case has garnered significant attention. The Los Angeles Times interviewed Professor Liang on the ramifications.

Professor Liang noted that taking such as a case to trial may be a strategic misstep for the insurer. Given that there are significant risks of bad faith and punitive damages available, he said the jury may send a very clear accountability verdict to the insurance industry in this case.

The articles is "Blue Shield health insurance rescission case to go to trial," by Lisa Girion in the May 18, 2009 edition of the Los Angeles Times.

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Professor Bryan Liang Interviewed by KPBS on Limited Participation in Insurance Rescission Settlement

May 14, 2009. The attention to the limited effectiveness of the California Department of Managed Health Care settlements within insurers who illegally rescinded patient insurance policies continues to increase. KPBS interviewed Professor Bryan Liang on these settlement results.

Professor Liang indicated that the limited participation in the settlements, coupled with the delays of regulations on the practice of rescissions indicates significant problems in the regulatory system. He called for an independent panel convened by the Legislature to assess and investigate the settlement, and provide recommendations for improving the process to ensure accountability for the insurers and appropriate benefits for patients.

Professor Liang was interviewed by Kenny Goldberg, KPBS Health Correspondent.

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Los Angeles Daily Journal Interviews Dr. Bryan Liang on "Public Policy Failure" in Insurance Rescission Settlements

May 14, 2009. The illegal practice of health insurance recession by insurance companies has resulted in settlements between insurers and the California Department of Managed Health Care. Yet on analysis, only a small percentage of patients have actually obtained the benefits from these settlements. Professor Bryan Liang, a noted expert on the topic, was interviewed for his reaction.

Professor Liang noted that these figures were very disturbing, and represented a "public policy failure." He also indicated that this result represented a systemic problem with settlement implementation. He called for an independent panel to review the process to ensure that insurers are fully accountable for their previous illegal actions.

The story is "Despite Settlements, Rescission Victims Lack Relief: Rescission Victims Still Lack Coverage, Payments Despite Legal Settlements," by Evan George of the Los Angeles Daily Journal, May 14, 2009 issue, page 1.

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NBC Radio Interviews Professor Bryan A. Liang on Healthcare Reform

May 7, 2009. With the increasing debate on health care reform, differing strategies are emerging. NBC Radio interviewed Professor Bryan Liang to review the options and what should be done.

Professor Liang noted that aggressive outreach for those already eligible for public insurance would cover 12 million persons, including 75% of uninsured children. Further, tax credits to allow employers to offer health insurance for low income workers and subsidies to purchase insurance based on sliding scale needs testing would cover millions more. He commented that reform is currently being stymied by partisan bickering, and that the issues of access must be addressed through achievable means to help patients now.

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Wisconsin Radio KCUB Interviews Professor Bryan A. Liang on Swine Flu Developments

May 7, 2009. Public health authorities have updated figures on swine flu, showing infections in 41 states and 2 reported deaths in the US. KCUB interviewed Professor Bryan Liang to obtain his observations on this new information.

Professor Liang noted that the infection rates in Mexico were leveling off, and that US cases continued to be mild. However, he indicated that we should not let down our guard, since the southern hemisphere is starting its winter months and the flu may mutate and become more virulent in the flu season this winter. He also noted that the 1918 pandemic that killed greater than 20 million people worldwide also started as a mild flu that then recurred in a much more virulent form.

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Professor Bryan Liang Publishes Opinion Editorial on Health Care Reform

May 5, 2009. The significant attention to healthcare reform has engendered debate as to what areas to focus upon. Professor Bryan Liang published an opinion editorial on the topic.

Professor Liang noted that two key areas are of greatest concern for costs and health of the US population: addressing chronic disease and the need for aggressive preventive health efforts. He outlined a proposal that includes a focus on wellness programs through tax incentives, early intervention, and aggressive public health education on disease prevention.

The piece is entitled, "Prevention and Education Programs Will Drastically Reduce Health Care Costs," in the May 5, 2009 edition of the San Francisco Daily Journal, page 6.

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Executive Director Bryan Liang Interviewed on Swine Flu Concerns

May 4, 2009. With the announcement of a larger numbers of individuals with swine flu, concerns have been raised on its transmissibility and impact. Professor Bryan Liang was again interviewed about these developments.

Dr. Liang noted that cases were still mild outside of Mexico, but that we must stay vigilant and continue to assess the time frame for development of a vaccine. He noted that the virus could still mutate to become more infectious and deadly, and that with the coming winter months in the southern hemisphere, the country still needs to be prepared for a ore virlent strain to ememerge in the next flu season.

Professor Liang was interviewed by WKMA in Iowa and WRTA in Pennsylvania.

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IHLS Program Administrator Pam Tait Attends IMQ Provider Conference as Appointed Mentor

May 1,2009. IHLS Program Administrator Pam Tait attended the California Institute for Medical Quality 2009 Provider Conference in Sacramento. This conference is held every year to recognize outstanding health providers and their mentors. Pam Tait is an IMQ appointed mentor for all organizational providers. In this role, she assists new and currently accredited CME providers who have questions and concerns regarding state standards.

IHLS is accredited to provide CME credits to medical professionals. It is the only law program in the US to be granted the power to grant continuing medical education credits.

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Dr. Bryan A. Liang Discusses Widening Swine Flu Impact and Pandemic Potential

April 30, 2009. With the World Health Organization upping the swine flu level to 5 of 6, worldwide concern about the potential for a pandemic has dramatically increased. Professor Bryan Liang was interviewed for his insights on this new development.

Professor Liang noted that with established and sustained human-to-human transmission, WHO recognized the need to move the level up to signal countries to implement their emergency preparedness plans. Dr. Liang emphasized that hygiene, minimizing contact with ill patients, and avoiding non-essential travel to Mexico continued to be key strategies to limit the impact of the flu. He also advised that persons consolidate their routine trips, and consider alternative options for school-aged children and child care to limit exposure to public areas.

Professor Liang was interviewed by multiple stations, including WBAL (MD), WNNR (GA), WSCA (SC), KXL (National syndication), KZSC (CA), WSAU (WI), and WABC (National syndication).

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IHLS attends Rady Children’s Hospital Auxiliary New Member Meeting

April 28, 2009 IHLS attended Rady Children’s Hospital Auxiliary new member meeting at the hospital. The Auxiliary provides support for the hospital programs by hosting fund raisers and supporting staff with their children-based programs. Both the Executive Director Bryan A. Liang and Program Administrator Pam Tait will join the “members at large” auxiliary group for 2009. They will continue to attend monthly meetings and support all children programs.

IHLS has participated in and supported the Rady Children's Hospital in numerous programs, including the annual Valentine's Day event since its inception.

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Professor Bryan A. Liang Interviewed by Multiple Radio Stations on Swine Flu Concerns

April 28, 2009. The worldwide swine flu that originally was first reported in San Diego has increasingly caused concern for public health officials and the community around the country. Professor Bryan Liang was interviewed on the disease and implications for an effective response.

Professor Liang noted that the disease has been mild outside of Mexico, where dozens of patients have died. However, public health agencies have recommended that good personal hygiene, avoiding contact with those who are ill, and limiting non-essential travel to Mexico were key steps to contain the disease’s impact. However, he cautioned that the situation was dynamic, and that closely following the international developments was important to mitigate the circumstances and harm associated with transmission.

Stations that interviewed Professor Liang included nationally syndicated station WABC, and Connecticut stations WDRC, WMMW, WWCO, and WSNG.

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IHLS Supports Kiwanis Run for Charity

April 26, 2009. IHLS assisted the La Jolla Kiwanis Club in its the 38th La Jolla Marathon Run held on April 25-26, 2009. IHLS helped 6,000 half marathon runners pick up their race packets as well as distributed t-shirts to all participants, including an additional 2,000 5K runners on Saturday, April 25th.


In addition, on Sunday, April 26th, IHLS assisted with all runners' apparel in Del Mar prior to the race and then shuttled them down to the finish line at the La Jolla Cove. At the Cove, IHLS assisted at the water station and at the finish line. The weather was perfect for the runners and it was a sold out event.

All proceeds from the Kiwanis Run are used to benefit youth and elder programs in the community.

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Professor Bryan A. Liang Gives Presentation and Serves on Panel on Anti-Counterfeiting at PhRMA Law Section Meeting

April 22, 2009. Professor Bryan Liang was a featured speaker at the Pharmaceutical Research and Manufacturers of American's Law Section Annual Meeting. In addition, he served on an expert panel on counterfeit drugs at the meeting.

"The issue of counterfeit drugs is a public health scrourge that must be addressed here and around the world for patient safety purposes," Professor Liang noted. "To reform the current inoptimal response, public-private partnerships must be a cornerstone for effective prosecution and public protection."

Dr. Liang's presentation was entitled "Counterfeit Drugs: Issues for Public Policy." In the panel discussion that followed, entitled "Perspectives on Anti-Counterfeiting Initiatives for Pharmaceutical Products," he was joined by Julie Chalkin Hogan, Assistant Statewide Prosecutor, Florida Attoney General Office of Statewide Prosecution, and Evan Williams, Assistant U.S. Attorney, Computer Crime & Intellectual Property Section, Criminal Division, U.S. Deaprtment of Justice.

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Executive Director Professor Bryan Liang Publishes Op Ed on Preventive Care and Health Reform

April 15, 2009. With the debate on health reform in full swing, critical high cost areas are gaining attention. Professor Bryan Liang published an opinion editorial on the aggressive use of preventive care strategies to improve health.

Dr. Liang noted that chronic disease disproportionately consumes most of the health care dollar in the US. Citing data on the beneficial clinical and financial impacts of early intervention and preventive care, he called for tax incentives for employers to offer their employees wellness programs, and AdCouncil efforts to improve public education on the impact of preventive care.

The op ed is entitled "Prevention the best medicine," in the April 14, 2009 edition of the Winona Daily Times. The piece was also picked up by several other media outlets across the United States.

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Florida Newspaper Publishes Op Ed by Professor Bryan A. Liang on Student Health Bill

April 14, 2009. The increasingly apparent issue of uninsured students on campus has led to legislatures closely assessing approaches to improve access to health care. Professor Bryan Liang published an opinion editorial supporting these efforts in Florida.

Professor Liang noted that the student age group has one of the highest levels of uninsured across populations. However, he also noted that colleges and universities also create a "shadow uninsured" group who actually have private insurance but are prohibited from using it on campus. Schools thus represent intensified levels of uninsured. He called for support of two Florida bills that would allow students to use their private insurance on campus, and surpluses that result from such billing to be used to provide health insurance financial aid. Dr. Liang assisted in drafting one of these bills.

The opinion editorial is entitled "Addressing the shadow uninsured: college student access to health care," in the April 14, 2009 edition of the Florida Community News.

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Los Angles Daily Journal Interviews Professor Bryan Liang on Health Insurance Billing Disputes

April 13, 2009. Insurer actions to avoid payment or negotiation of provider fees by paying patients directly have become a increasingly common strategy to limit out of network costs. The Los Angeles Daily Journal interviewed Professor Bryan Liang for his reaction on this approach.

Professor Liang noted that such an approach puts the power of determining fair compensation solely in the insurer’s hands. Further, the practice implicates the prohibition against balance billing. He called for regulators to clarify the legality of this approach.

The story is "Blue Cross Pays Patients in Bill Disputes: Providers Say the Program Wreaks Havoc on Industry," by Evan George, in the April 13, 2009 issue of the Los Angeles Daily Journal, page 1.

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IHLS and HLS Hold Blood Drive to Support San Diego Blood Bank

April 2, 2009. With the increasing need for blood and blood products in the San Diego area, the Health Law Society and Institute of Health Law Studies conducted its second blood drive for 2009. With projection goals being set at 16 units, HLS and IHLS managed to collect 29 units on the day. Within these collections there were 8 double red units collected which is highly desirable at this time.

"As a former hospital blood bank director, I know how serious and important a shortage of blood and blood products represents," said Dr. Bryan Liang, E. Donald Shapiro Distinguished Professor and Executive Director of the Institute of Health Law Studies. "These continuing efforts by students and staff will go a long way to saving patients' lives."

The IHLS/HLS blood drives are advertised in the CWSL community as well as the San Diego community. Most of the donors were students during this drive. The donations benefit the San Diego Blood Bank and patients in the San Diego area.

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Los Angles Daily Journal Publishes Follow On Biologics Opinion Editorial by Professor Bryan Liang

April 1, 2009. President Barack Obama has announced new efforts to improve the economy and underwrite health care reform, including use of “follow on” biologics, which are similar but not exact copies of large, high tech biological drugs. Professor Bryan Liang wrote in an opinion editorial on this critical topic.

Dr. Liang noted that the assumed savings of $9 billion dollars may not materialize because of the size, scientific status of drug characterization, and unknown side effects inherent in these drugs. The challenges of these biological drugs also include the fact that they may induce allergic reactions in patients because often these drugs are large protein molecules, rather than small relatively simply solid chemical pills obtained at the pharmacy. Finally, Dr. Liang also called for unique identifiers for these “follow on” forms to allow rapid identification and notification if patient safety issues arise.

The opinion editorial is "Plan for High−Tech Prescriptions Ignores Grave Safety Concerns," in the April 1, 2009 issue of the Los Angeles Daily Journal on page 6.

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IHLS Hosts 5th Annual San Diego Health Policy Conference on Bio-Preparedness

March 27, 2009. The Institute of Health Law Studies hosted the 5th Annual Health Policy Conference, "Bio-Preparedness: Issues in Biowarfare and Pandemic Response." The conference was held at the Hilton Harbor Island Hotel in San Diego.

Executive Director of IHLS Professor Bryan Liang noted that "This is an especially important and timely event for all of us. Local factors, such as the extensive military presence here in San Diego, as well as national and international factors, such as avian flu and bioterrorist events, show us that bio-preparedness has unique characteristics that require us to look across people, affiliations, and roles to effectively plan for these kinds of disasters and emergencies."

The event drew participants from around the world, including Europe, Asia, as well as North America. Presenters included Dr. Michael Christian, University Health Network, Toronto, Canada, who discussed SARS lessons for pandemic planning and bioterrorism from both an academic and treatment coordination approach; Dr. Christian Sandrock, University of California, Davis Medical Center, who raised questions on ethical and equal care in a pandemic on the basis of his clinical work as well as being in leadership roles in the Yolo County Health Department; Lt. Commander James A. Balcius, who provided information on public health law and medical military assets, including an analysis of the legal concerns in federalizing national guard personnel; Dr. Marv Sheperd, College of Pharmacy, Univesrity of Texas at Austin, who reported on disasters, bioterrorism, and prescription drug access in emergency situations using lessons from Hurricane Katrina and Ike; Dr. Randall Murch, Virginia Polytechnic Institute & State University, who gave an extensive presentation on national and international components of biosecurity on the basis of his academic work and FBI leadership, field, and forensics experience; Dr. Thomas Novotny, Global Health, Graduate School of Public Health, San Diego State University, who provided insights into global governance for biopreparedness on the basis of his research and former position as Deputy Assistant Secretary of the Department of Health and Human Services; and Dr. Bryan A. Liang, Institute of Health Law Studies, California Western School of Law, San Diego Center for Patient Safety, University of California, San Diego School of Medicine, and Global Emergency Preparedness and Response Program, Graduate School of Public Health, San Diego State University, who discussed the international drug production and supply chain, and its challenges for biopreparedness and international diplomacy efforts.

In addition to IHLS hosting the event, the 5th Annual San Diego Health Policy Conference was supported by the San Diego Center for Patient Safety, University of California, San Diego School of Medicine, the Journal of Biolaw & Business, and the Partnership for Safe Medicines. The proceedings of the conference will be published in a forthcoming issue of the Journal of Biolaw & Business.

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IHLS Executive Director Bryan Liang and Member Arlene Luu Give Elder Abuse Seminars at Southwestern Nursing School

March 23, 2009. The Institute of Health Law Studies provided an elder abuse education seminar to the Southwestern School of Nursing in Otay Mesa, CA. IHLS Executive Director Professor Bryan A. Liang, and IHLS Member Arlene Luu, RN, BSN, JD, of Kaiser Permanente, presented information about the signs and symptoms of elder abuse, and potential legal and policy concerns for nurses involved in senior care.

"It is nurses who spend the most time with patients, and are often the only contact with the outside world," said Professor Liang. "The combination of isolation and greying of our population has created a targeted population for abusers," he added. Ms. Luu noted that the system of care and vulnerabilities that may provide challenges to safety as well as expose the provider to liability.

Professor Liang and Ms. Luu have a broad base in elder care issues. They have published articles on improving quality and safety in health care for the senior population that have appeared the the Cornell Journal of Law & Public Policy as well as the Journal of Medicine & Law. Professor Liang serves on the Board of Directors of the National Committee for the Prevention of Elder Abuse.

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Native American Times Publishes Op Ed by Professor Liang on Health Care Reform Proposal

March 16, 2009. The Obama administration recently released its long awaited budget, including its massive health care reform provisions. Professor Bryan Liang commented on key components in this budget that reflect the needs of minorities and other vulnerable populations in an opinion editorial in the Native American Times.

Professor Liang, in a "Dear Mr. President" format, noted that aggressive outreach for minority groups should be a first priority for health care reform since more than three-quarters of children and other uninsured citizens are already eligible. He also warned against focusing on political motivated solutions such as drug importation and approving "generic" versions of complex biological drugs, which put the risk of policy failure that focuses on cost savings on the most vulnerable patient groups.

The opinion editorial is "Letter to President Obama: The Right Medicine for Health Care Reform" in the March 16, 2009 edition of the Native American Times. Professor Liang has a long standing interest in minority health, including service on the Secretary of the US Department of Health and Human Services Advisory Committee on Minority Health.

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Institute of Health Law Studies and Health Law Society Participates in Rady Children's Hospital St. Patrick’s Day Run

March 14, 2009. The Institute of Health Law Studies and student Health Law Society participated in the Rady Children's Hospital St. Patrick’s Day Run. The team’s name this time was the IHLS Green Machine.

Some of the team ran a 2 and 4 mile fun run with one leading student, Mr. Cameron Rhudy, completing the full 10K with a time under one hour. It was a beautiful day at Mission Bay that brought thousands of participants out to support such a worthy cause.

The IHLS Green Machine hosted a bake sale prior to the event to raise money for their registration. The walk benefited the life-saving efforts of Rady Children's Hospital and their treatment of critically ill children.

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U.S. Pharmacist Webinar on Counterfeit Drugs Features Executive Director Bryan A. Liang

March 13, 2009. With the increased attention to drug costs and recent scandals associated with problematic medications, the issue of counterfeit drugs has become an important one for pharmacists. U.S. Pharmacist hence convened a webinar featuring noted expert Bryan A. Liang to discuss the problem.

"The counterfeit drug market has matured from faking lifestyle drugs such as Viagra to lifesaving drugs such as cancer therapies," said Professor Liang. "Pharmacists represent one of the last barriers to harm. They must educate and communicate with their patients, as well as remain vigilant about the developments in this key patient safety area."

The webinar was attended by over 200 pharmacists nationwide. Professor Liang is also the Vice President for the Partnership for Safe Medicines, an organization that promotes safety of the drug supply.

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Professor Bryan A. Liang Participates in Webinar on Billing College Campus Health Centers

March 12, 2009. The policy debate regarding the uninsured has traditionally ignored the college-aged population. However, recent findings on the scope of high uninsured levels and overrepresentation in minority groups in higher education have raised attention to this issue. University Business held a webinar on the topic to discuss the implications, and the potential billing of third party insurers by schools to increase revenue as well as student access to care.

"Billing private health insurers -- through which 80% of students obtain coverage except while on campus -- benefits the student and the school," said Professor Liang. "Schools that reject this traditional elite calling card actually add to the numbers of uninsured on campus, since these students will act like typically uninsured students. To help the student body, we should be focusing on methods to address their healthcare needs -- and accepting their insurance is an important first step," he added.

Professor Liang was joined by Paul Ferguson, health center administrator of Georgia Southern University, and Harold Wittington, Vice President of Highland Campus Health Group.

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Institute Sponsors Team in the California Innocence Project Dodge Ball Tournament

March 9, 2009. The Institute of Health Law Studies sponsored and entered a team of 7 participants to play in the annual California Innocence Project dodge ball tournament. The team’s name was the IHLS Drug Lords. The players were dressed in black and gold Drug Lord T-shirts, black bandanas and black undercover sunglasses.

The competition this year was intense but the team was ready for the heavy slinging of balls. It wiped the opposition out the first game with only losing one of our players. It them tied the second round to go to a tie breaker. During the third round the opposing team knocked out the IHLS team muscle resulting in a loss. The second round of play was no problem as the team was so intimidating that caused the opposition to a no show, so The Drug Lords won the round. However, on single elimination with other winning teams, the team did put up a fierce fight but was knocked out of the competition.

The tournament is a fundraiser for California Innocence Project, which assists wrongly convicted citizens to establish their innocence in the justice system.

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Editorial by Professor Bryan Liang on Campus Health Coverage Published in University Business

March 1, 2009. With the advent of national insurance reform on the policy front burner, the hidden issue of access to healthcare on campus has gone unnoticed. Professor Bryan Liang published an opinion editorial in University Business to alert the policymaking community to the issue.

Profesor Liang noted that college-aged adults are disproportionately represented in the ranks of the uninsured. But the poor programs and limited benefits available in school-sponsored programs, as well as the inability for students with insurance to use it on campus, have created tremendous issues of access to health care for students. He called on policymakers to recognize these "shadow uninsured" and act to promote the health of students.

The opinion editorial is entitled, "Covering the Shadow Uninsured: What institutions can do to help ensure the health of their student bodies," in the March 2009 issues of University Business.

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Los Angeles Times Quotes Professor Bryan A. Liang in Story on Excessive Insurance Rates

February 18, 2009. With the worsening economy, more people are looking to last resort health insurance options. Under HIPAA, insurers must offer their most popular coverage options to people whose COBRA coverage has run out, regardless of pre-existing conditions. California state law limits the premiums to be charged in these situations. However, some insurers are exceeding these amounts by 36%-55%. The Los Angeles Times interviewed Professor Bryan Liang on these findings.

"It has been clear by legislative history and policy that there was a bright line rule to be put into place on premiums," said Dr. Liang. "The whole point of the legislation was to ensure access to insurance. Excessive premiums in contravention of state law undermines that provision, and must be addressed."

The story is "Insurers exceed state-issued rates for last-resort health coverage," by Lisa Girion of the Los Angeles Times.

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Institute of Health Law Studies Collaborates with Rady Children's Hospital Heart Institute

February 14, 2009. The Institute of Health Law Studies collaborated on the Second Annual Rady Children's Hospital Heart Institute Valentine Party. This is the second year in a row that IHLS has been a main participant in this communicty service event.

Pam Tait, IHLS Program Administrator with 11 Health Law Society students stuffed and handed out over 300 heart bags to pediatric heart patients and their families. The heart bags were designed and donated by IHLS this year . IHLS used the “go green” idea for the bags by constructing them from recycle coffee bags lined with teddy bear print. In addition, IHLS volunteers staffed several expo booths throughout the day. These included: a Home Depot booth that volunteers assisted patients and their families construct bird houses and book ends to take home. The IHLS members set up a bear bag toss game that generated fun and prizes for attendees. Inside the cafeteria we had several volunteers staff a “make your own bag” table where participants could stamp, color or paint a holiday bag to take home. Last but not least, a few members assisted with the food concessions as the lunch hour rolled around. It was a fabulous day filled with fun, laughter and lots of love!

IHLS continues its focus on community service. For additional information on events, contact Pam Tait, IHLS Program Administrator, for future projects.

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Executive Director Bryan A. Liang Interviewed by KPBS on Health Net Settlement

February 12, 2009. The issues surrounding the individual insurance market in California took yet another dramatic turn with the announcement of the settlement with Health Net of over 800 insurance rescissions. KPBS interviewed Executive Director Bryan A. Liang on its implications.

"Clearly, this settlement will set a new standard with respect to all the pending cases on rescission in the state," said Dr. Liang. "With reinstatement of policies, damages payments to patients, $2 million to the state, $500,000 to charity, the bar is raised for all future suits against insurance company rescission practices," he added. "However, I think it would be insane for any insurance company to want to bring a case like this to court to allow 12 jurors to express their frustrations about the health care system."

The story is "Health Net Pays Out Millions to Settle Class Action Suits," by Kenny Goldberg of KPBS.

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National Public Radio Interviews Professor Bryan A. Liang on College Health Insurance Story

February 5, 2009. The increasing costs of attending college includes the cost of health insurance. Yet colleges and universities do not accept private health insurance and often force students to purchase the school's plan. National Public Radio interviewed Professor Bryan Liang on the implications of this situation.

"Although 80% of students in higher education have private health insurance through their parents or otherwise, this elite calling card becomes worthless in many cases once the student arrives on campus," Dr. Liang said. "Further, school-sponsored plans vary tremendously in coverage and quality," he added. "Schools should fulfill their fiduciary duty of being good stewards of students' money and accept private health insurance, and not force them to buy coverage they already have." Professor Liang noted this could be a win-win situation for schools and students. "In fact, by doing this, schools can create a surplus that then can be used to provide health insurance scholarships for uninsured students."

The story is "Colleges Health Insurance Fees Questioned," on the February 5, 2009 edition of NPR's Morning Edition.

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IHLS and HLS Hold Blood Drive to Support San Diego Blood Bank

February 3, 2009. The Health Law Society and Institute of Health Law Studies held a blood drive in support of the San Diego Blood Bank. HLS and IHLS collected 32 pints of blood for the community. These consisted of 20 whole blood and 10 double reds units collected. The amount exceeded its goal by more than 30%.

"As a former blood bank director, I know how much community blood drives really provide the gift of life," said Professor Bryan A. Liang, Executive Director of the Institute of Health Law Studies, who is also a physician. "The efforts of HLS and IHLS provide so many patients with health benefits that they could not obtain any other way."


The IHLS/HLS blood drive is a quarterly event that involves the participation of faculty, staff and students at the Institute of Health Law Studies.

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Institute of Health Law Studies Begins "Warm A Heart" Clothes Drive for the Needy and Homeless

February 1, 2009. The Institute of Health Law Studies began its annual "Warm A Heart" clothes drive today. Each year, IHLS collects clothes to assist the needy and homeless.

"In these hard economic times, the Institute's 'Warm A Heart' clothes drive is even more important than ever," said Executive Director Bryan A. Liang, "Although giving back to the community is always important, the demand for assistance has recently really increased, and we are fortunate to be able to contribute our part to address some of community's needs."

The "Warm A Heart" Clothes Drive continues throughout the month of February. Cannisters in the 350 Cedar Street Building are marked for donations. The "Warm A Heart" Clothes Drive is coordinated by IHLS Program Administrator Pam Tait.

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California Lawyer Quotes Executive Director Bryan A. Liang In Health Insurance Rescission Story

February 1, 2009. The tremendous attention given to health insurance rescission has prompted private litigation and public reform efforts. California Lawyer interviewed Professor Bryan Liang, a noted authority, on this trend.

Professor Liang indicated that rescission in the individual health insurance market has been increasing as this market grows larger due to a greater number of employers dropping health coverage for their employees. He also stated that the combination of private and public litigation has created a new system of enforcement that may be effective in reigning in insurance company abuses.

The story is "Coverage in Tatters," by Jeannette Borzo in the February 2009 issue of California Lawyer.

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Rady Children's Hospital Advanced Trauma Symposium Features Presentation by Professor Bryan Liang

January 30, 2009. The Rady Children's Hospital Advanced Trauma Symposium featured a presentation by Professor Bryan Liang on emergency preparedness and response pre-planning and the challenges of disaster outcomes after they occur.

"Emergencies and disasters require us to understand how we will dedicate resources in a time of extreme scarcity. It is critical for us to know what system of allocation we will use, whether it be life priority, even chance, or the military model," he noted. "Transparency is key to an acceptable albeit imperfect outcome when all cannot be saved."

But Professor Liang emphasized that hindsight perceptions can be harsh. "As noted in the Dr. Anna Pou Katrina case, the lenses can be tinted quite critically to allow even criminal prosecution of those who attempt to treat in the most difficult of all situations," he said. "We need to remember that when pre-planning for how we respond to emergencies and disasters."

Dr. Liang's presentation was entitled, "In the Darkest Day and the Blackest Night: Planning and Perspectives on Emergency and Disaster Response." He was invited to speak by Mary Hilfiker, MD, PhD, Department of Pediatric Surgery, Rady Children's Hospital.

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Dr. Bryan Liang Gives Public Health Lecture at University of California San Diego Preventive Health Seminar Series

January 30, 2009. Dr. Bryan Liang, Executive Director of the Institute of Health Law Studies and E. Donald Shapiro Distinguished Professor, presented a lecture on the scope of public health powers in the University of California, San Diego School of Medicine-San Diego State University School of Public Health Preventive Health Seminar Series.

"Public health powers are based on the state police powers in the US Constitution," said Professor Liang. "These give public health professionals significant power to protect the public health. But in emergencies and disasters, those powers are even more expanded, so that individual rights, professional rights, private property rights, and privacy right all give way."

Dr. Liang's presentation was entitled, "Legal Issues and Powers In Addressing Public Health Emergencies." In addition to being on the faculty of California Western School of Law, he is also on the faculty at University of California, San Diego School of Medicine and the San Diego State University Graduate School of Public Health.

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Professor Bryan Liang Meets with Florida Officials on Strategies to Combat Pharmaceutical Fraud

January 23, 2009. Professor Bryan A. Liang, Executive Director of the Institute of Health Law Studies, met with State of Florida prosecutors to discuss strategies to combat pharmaceutical fraud and promote patient safety. Dr. Liang is a well-recognized expert on the challenges of drug supply chain security, and testified in the Papito case, where Florida prosecutors obtained a 20 year sentence for illegal diversion of drugs.

"Florida has some of the best laws and investigative talent in fighting pharmaceutical fraud," said Professor Liang. "In combination with some of the policy and industry efforts and recognition of important international trends, we can develop a system that can be proactive in ensuring that patients get the legitimate drugs they need and criminals are prosecuted for defrauding patients and the public who pay for these drugs."

Dr. Liang met with Ms. Julie Hogan and Mr. Oscar Gelpi of the Florida Office of Statewide Prosecution. Ms. Hogan was the prosecutor in the Papito case, and Mr. Gelpi was one of the authors of the Florida 17th Statewide Grand Jury Report, which was a catalyst for legislative change to address pharmaceutical fraud in the state.

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KPBS Radio Interviews Professor Bryan Liang on Multi-State Conscience Clause Lawsuit

January 16, 2009. The outgoing Bush Administration has proposed "conscience clause" regulations that would allow providers to refuse to provide services or products that violated their moral or ethical beliefs in federally funded medical care programs. Several states, including California, have joined a lawsuit to prevent implementation of the regulations. KPBS radio interviewed Professor Bryan Liang on the issues involved in the suit.

Professor Liang noted that although providers have the right to their own moral and ethical beliefs, he indicated that states were concerned that access to healthcare and women's rights would be compromised. This is particularly true because there are no provisions to address emergency circumstances within the proposed regulations. Professor Liang stated that belief systems of any person are covered by the US Constitution, but cannot "serve as a blockade at the hospital doors."

Professor Liang was interviewed by Kenny Goldberg, KPBS health law reporter.

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Los Angeles Times Quotes Professor Bryan Liang on California Supreme Court Balance Billing Case

January 9, 2009. The California Supreme Court weighed in on the issue of provider "balance billing" for emergency medical care when patients are not using the health plan's network. In this closely watched case, the California Supreme Court held that emergency physicians and hospitals could not bill patients for amounts not paid by their health plans or insurers. The LA Times interviewed Professor Bryan Liang on the decision.

Professor Liang indicated that the holding was probably appropriate, and that payment disputes between providers and plans for out of network emergency services should not put the onus on patients. However, he noted that the court avoided the critical issue of what payment is "fair and reasonable" for out of network emergency care as required by California law. He indicated that the Department of Managed Health Care and the Department of Insurance would have to define this, since health plans and insurers cannot unilaterally determine what this amount should be.

The story is "Ruling removes billing headache from emergency room visits," by Lisa Girion in the January 9, 2009 issue of the Los Angeles Times.

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Professor Bryan Liang Interviewed by Pharmaceutical & Medical Packaging News on Drug Safety

January 6, 2009. Safety of the drug supply has emerged as a significant policy issue for the new administration. Pharmaceutical & Medical Packaging News interviewed Professor Bryan Liang on what to expect from the Obama team.

Profesor Liang noted that Obama will likely take an aggressive regulatory approach to safety rather than rely on voluntary industry efforts. Professor Liang also noted that issues with foreign importation of drugs and foods that have been the subject of poor quality and safety will likely weigh on discussions regarding packaging and other methods to ensure safety.

The story is "New Year, New President, New Packaging?" of the January 6, 2009 issue of the Pharmaceutical & Medical Packaging News.

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