Chair's ColumnThis is my last outing in this electronic publication (at least as the chair). So I decided to spend the time thanking a special friend and discussing an incredibly important task. Most of us (if we are lucky) will have one or more mentors. We remember them fondly and more likely than not forget or neglect to thank them as time passes. That is a shame. I intend to fix that as to one of my mentors in this column.
by Gregory L. Pemberton, Ice Miller, Indianapolis, IN
HIPAA Privacy Rule and Security Standards – friends or foes?
by Cheryl S. Camin, Fulbright & Jaworski L.L.P., Dallas, TX
This article is intended to be a brief analysis of how the differences between the Privacy Rule and the Security Standards may result in problems with compliance with both of these requirements. To fully understand these rules and standards, let's back up and cover a little HIPAA history.
HIPAA Security Rules Frequently Overlooked
by Frank Palmieri, Palmieri & Eisenberg, Princeton, NJ
Effective as of April 14, 2005, the HIPAA Privacy Rules began to apply to healthcare providers, insurance carriers, and medical plans with over $5,000,000 in annual receipts (i.e., large health plans). All of these entities are generally referred to as "covered entities." A delayed effective date of April 14, 2005, applied to small health plans with less than $5,000,000 in annual receipts. These rules required covered entities to restrict the use and disclosure of protected health information ("PHI") to the minimum amount necessary for any disclosure purposes.
Mold And Health Information Technology
by Bruce McCoy, Bruce McCoy, Hoagland, Longo, Moran, Dunst & Doukas, LLP, New Brunswick, NJ and John F. McCarthy, Sc.D., C.I.H., President of Environmental Health & Engineering, Inc., Newton, MA
Health care providers have been investigating the application of information technology to improve patient care, as early as the mid 1990s. Some have been motivated by the federal government's recent focus on the implementation of health information technology as outlined in the 2004 "Framework for Strategic Action." Others have been moved by a desire to increase the quality of patient care through improved clinician accessibility to a patient"s medical records or by the mounting economic pressures and impracticality of maintaining the stores of medical records in paper form. Whatever the motivation which has led them to embrace the high tech future of health information technologies, institutions and clinicians may find their efforts and investments frustrated by an unexpectedly low tech obstacle: mold contamination.
We Know Where You Are: RFID In Healthcare
by Melissa L. Markey, Esq., Hall, Render, Killian, Heath & Lyman, Troy, MI
Anyone who has spent time in a healthcare institution knows that one of the recurring themes is the difficulty of locating assets. Staff can frequently be seen roaming the hallways looking for everything from an available infusion pump to a missing nurse. As hospitals become more focused on using technology to improve efficiency, Radio Frequency Identification devices ("RFID") are becoming more common in healthcare.
FROM: Your HLS Membership Committee
Congratulations! You have already made one great decision and are ready to make another. By deciding to join the Health Law Section you put yourself in position to take advantage of the Section's many opportunities to strengthen your practice and career through its cutting edge live, teleconference, podcasting and list serve formats. You are now ready to make the most of your membership by deciding to join (free) up to three (3) of the Section's eleven (11) Interest Groups (IGs). Your participation in the IGs is key to getting the most for your dues and will greatly enhance not only your Section membership, but also your legal practice (free). Joining an IG (or 2 or 3) does not necessarily equate to more involvement or commitment for you (although it can IF you want it too), but it does open up a wealth of new and more specialized health law information, research and networking for you. Whatever the focus of your health law practice, there is at least one IG suited to you. Better yet, IG membership is already covered by your Section dues.
The IGs are crucial to the success of the Health Law Section because the real work of the Section takes place in its eleven IGs. The IGs advise the Section on the latest developments and issues in their area of expertise. They also assist the Section on policy positions, and in providing comments on regulations or proposed legislation. The IGs are also crucial to the success of your association with the Section. Membership and participation in the IGs provide opportunities to stay in the forefront of, and even guide developments in the industry, to meet and network with others having similar interests, and to share your expertise through articles, teleconferences or speeches. The IGs are both the moving force of the Section, and your route to active contribution within the Section. Learn more about each of the IGs and how to join online at www.abanet.org/health/.
P.S. IG membership is FREE.
The Breast Cancer Legal Advocacy Initiative
The Section Council approved a task force to work with the ABA Commission on Women in the Profession's Breast Cancer Legal Advocacy Initiative. Developed by the Commission in 2000, this program was created in order to lead and implement a new public education initiative designed to protect the legal rights of breast cancer patients. The first program took place at the 2000 ABA Annual Meeting in New York City, and since that time, the Commission has lead legal advocacy training sessions for attorneys, working closely with state, local and women bar associations, in dozens of states across the country. Council member Linda A. Baumann, Arent Fox, PLLC, Washington, DC has been charged with chairing the Section Task Force that will develop an ongoing relationship with the Commission's initiative. "This is an exciting opportunity for Section members to get involved in a key ABA pro bono project. The ABA Commission on Women in the Profession has already done an outstanding job in getting this program off the ground but a tremendous need remains for legal advocates to assist women with breast cancer who often face daunting legal issues related to obtaining appropriate medical care. Health Law Section members are ideally positioned to help, and I hope will join me on the Section's new Task Force."
If you are interested in the commission's project, you can go to http://www.abanet.org/women/bcch.html to learn more about it. Anyone interested in serving on the Task Force should contact Section Director Jill C. Peña at Jill.Pena@americanbar.org.
Have you logged into the MyABA?
The redesigned MyABA page allows members to manage their ABA online profile preferences, billing, manage membership for Section and Interest Groups, product recommendation, area of concentration, CLE events, and even create a personalized abanet.org email address. Access your MyABA Account Now!
eHeatlh, Privacy & Security Interest Group
This group focuses on three substantive areas - Health Information Privacy, Healthcare Electronic Communication & Information Technology Transactions, and Healthcare Technology Dispute Resolution.
The IG is led by Chair Kirk Nahra, Wiley Rein & Fielding, Washington, DC and Vice Chairs Barbara Bennett, Hogan & Hartson, Washington, DC; Marc D. Goldstone, Tenet Health System, Fort Lauderdale, FL and Elaine C Zacharakis-Loumbas, Chicago, IL.
If you would like to join the Interest Group, continue by clicking the following link: Health Law Section IG Sign-up Form.
Do you want to communicate your ideas to thousands of other members through the wonders of cyberspace? To contribute a newsletter article on a health law topic, send us your ideas to Adam.Bielawski@americanbar.org
|The opinions expressed are those of the authors and shall not be construed to represent the policies or positions of the ABA or the ABA Health Law Section. |