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Akron Univ. School of Law

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Wednesday, October 12, 2005

Dr. Frist Facing Serious Trouble

According to the Associated Press, Senate Majority Leader Bill Frist earned tens of thousands of dollars from stock in HCA Inc., his family-founded hospital chain largely controlled by his brother.  The AP reports,

The Tennessee Republican, whose sale this summer of HCA Inc. stock is under federal investigation, has long maintained he could own HCA shares and still vote on health care legislation without a conflict because he had placed the stock in blind trusts approved by the Senate.

However, ethics experts say a partnership arrangement shown in documents obtained by The Associated Press raises serious doubts about whether the senator truly avoided a conflict.

In that case, the HCA stock was accumulated by a family investment partnership started by the senator's late parents and later overseen by his brother, Thomas Frist. The brother served as president of the partnership's management company and as a top officer of HCA. Sen. Frist holds no position with the company.  . . . .

Kathleen Clark, a government ethics expert at the Washington University in St. Louis School of Law, said she doesn't believe the Senate trusts or the Tennessee trust insulated Frist from a conflict because the senator or his brother were advised of transactions and could influence decisions.

"What I find most appalling is the Senate calls it a qualified blind trust when it's not blind," Clark said. "Since the Senate says it's OK, the Senate has made it a political question. It's up to the voter. But there's no doubt it's a conflict of interest."

TalkLeft has some further information and thoughts. [bm]

http://lawprofessors.typepad.com/healthlawprof_blog/2005/10/dr_frist_facing.html

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