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BulletSeptember 2005 Volume 2 Number 1
News  September 7, 2005
Washington Healthcare Summit

September 22, 2005

- CLE
Medicare/Medicaid Fundamentals

2005-2006 Fundamentals TeleConference Series

(Teleconference & Live Audio Webcast)

September 29, 2005 - CLE
Nonprofit Corporate Governance in the Wake of Sarbanes-Oxley

(Teleconference & Live Audio Webcast)

October 20-21, 2005
3rd Annual Washington Healthcare Summit

(Washington, DC)

February 22 – 24, 2006
7th Annual Conference on Emerging Issues In Healthcare Law

(Tucson, AZ)

Interest Group Communication Highlights

Government Links

Resources

 
Guide to Nonprofit Corporate Governance in the Wake of Sarbanes-Oxley

HIPAA: A Practical Guide to the Privacy and Security of Health Data by June M. Sullivan
CDC Public Health Law News

CDC Newsletter is a free electronic newsletter published weekly by the Centers for Disease Control and Prevention, Public Health Law Program
 

Disaster Relief

Chair's Column

by Gregory L. Pemberton, Ice Miller, Indianapolis, IN This is the day I dreaded. I have just become the Chair of the Health Law Section and that means . . . The Chair’s Column must be written. Why the dread? Well, two chief reasons. First, there have been so many columns like this written that it is about impossible to say or write anything new. That fact tends to put a chill on any author that usually strives for the fresh and upbeat. Second, these columns can fall pretty close to self parody. The first one can be the rah-rah type where the Chair writes about the excitement and fun we will all have in this new year. The last is the thank everybody one. “I need to thank all the little people . . .” Writing in a formula has never appealed to me and yet readers have expectations. In short, Chair’s Column composition has been something giving me pause.

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HIPAA: To Preempt or Not To Preempt? That is the Question (Especially in Litigation)

by Cheryl S. Camin, Esq., Gardere Wynne Sewell, LLP, Dallas, Texas

The Standards for Privacy of Individually Identifiable Health Information (the “Privacy Rule”) of the Administrative Simplification subtitle of the Health Insurance Portability and Accountability Act of 1996 (“HIPAA”) have been enforceable since April 14, 2003 (for HIPAA covered entities except small health plans). Although it is now likely that most covered entities (covered healthcare providers, health plans, healthcare clearinghouses and Medicare Part D drug card sponsors) have implemented and are comfortable with the requirements of the HIPAA Privacy Rule; however, it is a different story in regard to determining whether or not a particular state law governing the privacy of health information is preempted by or preempts HIPAA.

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Current Trends in Health Care Quality Improvement

by Eric J. Weatherford, Brown McCarroll LLP, Dallas, Texas

In recent months, the United States Congress and the United States Department of Health and Human Services (HHS) have focused on improving access to information regarding patient treatment errors and changing the methodology used to reimburse providers. Specifically, President Bush recently signed the Patient Safety and Quality Improvement Act of 2005 (PSQIA). Also, Senators Chuck Grassley (R-Iowa) and Max Baucus (D-Mont.) introduced the Medicare Value Purchasing Act (MVP), which provides for pay-for-performance under the Medicare program. These initiatives are designed to improve the quality of care provided to patients and decrease the cost of both providing and receiving medical treatment.

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Interest Group Spotlight

eHealth, Privacy & Security

The eHealth, Privacy & Security Interest Group focuses on cutting edge issues dealing with technology and privacy as they relate to health care. Substantive topics of interest to committee members include health information privacy and security, electronic communications, electronic transactions and telehealth. The Interest Group will seek to encourage discussion and debate on emerging legal issues in these areas.

The IG is led by Chair Kirk J. Nahra, Wiley Rein & Fielding, Washington, DC and Vice Chairs Barbara Bennett, Hogan & Hartson, Washington, DC; Marc D. Goldstone, Hoagland, Longo, Moran, Dunst, & Doukas LLP, New Brunswick, NJ and Elaine Zacharakis, 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.
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