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Bench & Bar Magazine Volume 75 Number 3 May 2011 In this Issue: • Health Care Issues in the Legal Forefront • Proposed Amendments to the Supreme Court Rules • Annual Convention Special Events oodford R. Long, President NIA Does your ordinary level term life insurance look like this? *20 year level term policy on W Year 1-20: $940 Year 21: $28,280 * Like me, most of our clients will either need or want to keep their life insurance longer than planned. Many will not be able to requalify or renew their ordinary term insurance policies. The KBA term life plan is guaranteed renewable to age 75. Available in 10, 20, and yearly renewable plans, the KBA plan is built to protect your future, not terminate at the level period end, or lapse with prohibitive renewal premiums. Plan for the future with the KBA Life Plan. www.niai.com - Woody Long, CLU NATIONAL INSURANCE NIA AGENCYInc. Professional Association & Affinity Insurance Services www.niai.com • Phone: 502 425-3232 • [email protected] This issue of the Kentucky Bar Association’s Bench & Bar was CONTENTS published in the month of May. Communications & Publications Committee Health Care Frances E. Catron, Chair, Frankfort Paul Alley, Florence Elizabeth M. Bass, Lexington 10 Ensuring the Health Care Worker Can Perform the Sandra A. Bolin, Berea Essential Functions of Their Position in the Michael A. Breen, Bowling Green Christopher S. Burnside, Louisville Increasingly Restricted Legal Environment David C. Condon, Owensboro Governing Hiring and Disability Accommodation Ashlee D. Coomer, Petersburg James P. Dady, Bellevue By Ronald L. Lester Alexander F. Edmondson, Covington Judith D. Fischer, Louisville Cathy W. Franck, Crestwood 17 A Medicare Secondary Payer Act Section 111 P. Franklin Heaberlin, Prestonsburg Reporting Primer for Attorneys and Health Care Sheryl E. Heeter, Newport Judith B. Hoge, Louisville Providers Edna M. Lowery, Frankfort By Lynn Rikhoff Kolokowsky and Mattea Carver Van Zee Christopher T. McDavid, Louisville Theodore T. Myre, Jr., Louisville Eileen M. O’Brien, Lexington 23 Do Appellate Court Decisions Affect Health Care Brian K. Pack, Glasgow Richard M. Rawdon, Jr., Georgetown Costs? Sandra J. Reeves, Corbin By Gerald R. Toner and Brent T. Asseff E.P. Barlow Ropp, Glasgow R. Kelley Rosenbaum, Lexington Candace J. Smith, Covington Jeffrey R. Soukup, Lexington E. Frederick Straub, Jr., Paducah Columns Gerald R. Toner, Louisville Sadhna True, Lexington Katherine Kerns Vesely, Louisville 3 President’s Page By Bruce K. Davis Michele M. Whittington, Frankfort 6 YLS By Nathan Billings Publisher John D. Meyers 31 Effective Legal Writing By Diane B. Kraft Editor Frances E. Catron Managing Editor Shannon H. Roberts Items of Interest Layout David Kaplan • [email protected] 4 Kentucky Bar Association’s 2011 Annual Convention Special Events The Bench & Bar (ISSN-1521-6497) is published bi-monthly by the Kentucky Bar 5 Kentucky Bar Association’s 2011 Annual Convention Sponsors Association, 514 West Main Street, Frankfort, and Exhibitors KY 40601-1812. Periodicals Postage paid at Frankfort, KY and additional mailing offices. 8 Congratulations to Wm. T. (Bill) Robinson III All manuscripts for publication should be sent to the Managing Editor. Permission is 29 Judicial Ethics Opinion granted for reproduction with credit. Publication of any article or statement is not to be deemed an endorsement of the views 30 Advisory Ethics Opinion expressed therein by the Kentucky Bar Association. 32 Proposed Amendments to the Supreme Court Rules of Proceedure Subscription Price: $20 per year. Members subscription is included in annual dues and is 50 Business Law Section Proposed By-Law Changes not less than 50% of the lowest subscription price paid by subscribers. For more informa- 52 July 2011 Bar Exam Applicants tion, call 502-564-3795. 54 Kentucky Bar News POSTMASTER Send address changes to: 59 Kentucky Bar Foundation Fellows Bench & Bar 514 West Main Street 60 Who, What, When & Where Frankfort, KY 40601-1812 66 CLE Cover created by Ben Swartz. PRESIDENT’S PAGE A MOTION TO SUPPRESS HUNGER Bruce K. Davis or the past several years, the Annual There are four food banks located in • Huntington Area Food Bank in West FConvention Committee has selected Kentucky and a total of seven serving Virginia, whose service area includes a community service project that Kentuckians. In addition to God’s three Kentucky counties. highlights the charitable work of various Pantry Food Bank, the others are: • Purchase Area in Mayfield, whose non-profit organizations. This year, service area includes eight God’s Pantry Food Bank has been • Dare To Care Food Bank in Louisville counties. selected by the committee. With serving eight counties; warehouses in Winchester, Lexington • Feeding America Kentucky’s Heartland I trust that your plans for June will and Prestonsburg, God’s Pantry serves 50 in Elizabethtown serving 35 counties; include attending the Kentucky Bar counties in Central and Eastern Kentucky • Freestore Food Bank in Cincinnati Association Annual Convention, June by working with 320 member agencies whose service area includes nine 15-17, in Lexington and that you will which operate food pantries, senior Kentucky counties; visit the God’s Pantry Food Bank citizen centers, soup kitchens, shelters • Tri-State Food Bank in Evansville, exhibit booth to learn more about and other emergency food outlets. Ind., whose service area includes programs that combat hunger in In a service area which covers more seven Kentucky counties; Kentucky. than 16,000 square miles, more than 310,000 people live at or below the ANOTHER KBA YEAR CLOSES poverty level. During this fiscal year, The Annual Convention also marks the end of another fiscal year in the history of God’s Pantry is on track to deliver over the Kentucky Bar Association. It has been a great privilege to have had the opportunity 21 million pounds of food that will be to serve as KBA President. The KBA has a great staff headquartered at the Kentucky distributed to more than 211,000 people. Bar Center in Frankfort working alongside hundreds of volunteer lawyers and judges Based on the number of people from all across Kentucky to carry out the Bar’s programs. We are very fortunate to receiving food in the service area, have a dedicated and thoughtful Board of Governors that next fiscal year will be guided by the outstanding leadership of Maggie Keane of Louisville as President approximately one out of every seven beginning July 1 and Doug Myers of Hopkinsville who will become President-Elect. people living in the 50-county area will I hope to see YOU at the June 15-17 Annual Convention in Lexington. benefit from God’s Pantry. Terms Expire on the KBA Board of Governors On June 30 of each year, terms expire twenty (20) KBA members in good 1st District for seven of the fourteen Bar Governors standing who are residents of the Jonathan Freed • Paducah on the KBA Board of Governors. SCR candidate’s Supreme Court District. 2nd District 3.080 provides that notice of the Board policy provides that “No member James D. Harris Jr. • Bowling Green expiration of the terms of the Bar of the Board of Governors or Inquiry 3rd District Governors shall be carried in the Bench Commission, nor their respective firms, M. Gail Wilson • Jamestown & Bar. SCR 3.080 also provides that a shall represent an attorney in a 4th District Board member may serve three disciplinary matter.” Any such petition Douglas C. Ballantine • Louisville consecutive two-year terms. Re- must be received by the KBA Executive 5th District quirements for being nominated to run Director at the Kentucky Bar Center in Anita M. Britton • Lexington for the Board of Governors are Frankfort prior to close of business on 6th District contained in Section 4 of the KBA By- the last business day in October. The David V. Kramer • Crestview Hills Laws and the requirements include filing current terms of the following Board 7th District a written petition signed by not less than members will expire on June 30, 2012: Bobby Rowe • Prestonsburg May 2011 Bench & Bar 3 kentucky bar association 2011convention PURSUINGJUSTICE in the 21st CENTURY Convention Events Wednesday, June 15 Thursday, June 16 Thursday, June 16 CONVENTION YOUNG LAWYERS KBA ANNUAL BANQUET KICK-OFF EVENT SECTION LUNCHEON 6:30 PM 5:15-7:15 PM 12:00-1:30 PM Bluegrass Ballroom The Bigg Blue Martini Hyatt Regency Hotel Lexington Convention Center Hilton Lexington/Downtown Lexington, Ky. $50 per person Complimentary with Registration $25 per person Pre-registration Required Pre-registration Required YOUNG LAWYERS Friday, June 17 Sponsor | Frost Brown Todd LLC SECTION RECEPTION 5:15-6:30 PM KBA MEMBERSHIP AWARDS BlueFire Bar & Grill LUNCHEON Hyatt Regency Lexington 12:00-1:00 PM Complimentary with Registration Pre-registration recommended Hyatt Regency Hotel Thursday, June 16 Lexington, Ky. $25 per person MEMORIAL SERVICE BENCH AND BAR RECEPTION 5:30-6:30 PM 10:30-11:30 AM Bluegrass Ballroom Foyer First Presbyterian Church Lexington Convention Center 171 Market Street Complimentary with Registration Lexington, Ky. Pre-registration Required Lend a Heart, Lend a Hand Continuing its tradition of service to our host city, the 2011 Annual Convention Planning Committee has selected God’s Pantry Food Bank as this year’s community service project. For more information or to make a secure online donation, please visit: www.godspantry.org or simply Round Up on your registration form. Convention Sponsors Platinum Gavel Sponsors Gold Gavel Sponsor Silver Gavel Sponsor & kick-off reception sponsor & internet cafe sponsor Convention Exhibitors ABA Retirement Funds Program LexisNexis Counselor Capital McNay Settlement Group, Inc. CourtCall, LLC Midwest Special Needs Trust Cowan’s Fine Art Auctioneers & Mountjoy Chilton Medley LLP Appraisers National Insurance Agency Inc. Dean Dorton Allen Ford, PLLC NKU Chase College of Law DMD Data Systems Premier Integrity Solutions Emcon Home Guard, LLC ProTempus Kentucky Bar Foundation/IOLTA Ringler Associates Kentucky Commission on the Deaf & Thoroughbred Research Group Hard of Hearing Two Chicks Kentucky Volunteer Lawyer Program W.
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