Health eConnect - Your link to the ABA's Health Law Section
 Nov 2004 Volume 1 Number 3

New Section Book: HIPAA: A Practical Guide to the Privacy and Security of Health Data
by June Sullivan, Halloran & Sage LLP, Hartford, CT

The Section announces the inaugural book in our Practical Guide Series. HIPAA: A Practical Guide to the Privacy and Security of Health Data was written by IG member June Sullivan and was peer reviewed by eHealth, Privacy & Security Interest Group members.

The book addresses issues arising from the Health Insurance Portability and Accountability Act regulations with respect to the protection and release of a patient's medical information. This concise, practical guide helps the advocate understand the sometimes dense rules in advising patients, physicians, and hospitals and in litigating HIPAA-related issues. It also clearly describes the many ways to obtain, maintain, and manage medical information under HIPAA. Topics include an overview of HIPAA, Authorizations, Disclosures Without Authorizations, Disclosures by Non-Covered Entities, and Penalties/Enforcement.

We owe June a huge thanks for this initial effort and to Shannon Hartsfield, IG Chair and the eHealth, Privacy & Security Interest Group members who participated in the peer review. A pre-publication discount of 15% off the member price of $59.95 is available through November 12th. To get this price, you need to log in at the top right of the books page. Congratulations to all involved in this project.

Section Meetings and CLE Events: Hot topics to help you keep current and connected

November 18, 2004
Regulation of IRBs: Present and Future

This teleconference will examine the issue of Institutional Review Boards. The teleconference is being presented by the Medical Research, Biotechnology & Clinical Ethical Issues IG.

December 6 - 7, 2004
Washington Healthcare Summit

This program focuses on gaining insights from government and senior legislative staffers from the House and Senate on federal initiatives, CMS, and other agency priorities and programs. Hear from lawyers from agencies such as the DOJ, FTC, FDA, SEC and CMS on current initiatives and how best to work within their structure to address important legal issues; participate in programs with agency officials providing the latest updates on a wide range of issues. Network with healthcare attorneys in state and federal government, private practice and in-house.

November 3, 2004

Chair's Column
By J.A. (Tony) Patterson, Jr., Fulbright & Jaworski, LLP, Dallas, TX

The Section's 2nd Annual Washington Healthcare Summit will be held on December 6 and 7 at The Ritz-Carlton Pentagon City in Arlington, Virginia. The Summit presents a unique opportunity for you to hear from, and network with, the top policy makers and experts across a broad range of the most important topic areas in our field. I want to point out one significant example of this opportunity. Through the leadership of our Public Health Law and Policy Interest Group, the Section has formed a partnership with the Centers for Disease Control and Prevention (CDC) to play an important role in enhancing the legal preparedness of communities, health services providers and attorneys to deal with public health crises. Whether it be threats of bio-terrorism, disease pandemics or meeting the public health needs of our communities generally, there can be no more important way we can serve our clients and our communities than by ensuring that each of us and our colleagues are knowledgeable in this area.


Proposed Rule Regarding Medicare Provider Reimbursement Determinations and Appeals
By Daniel A. Cody, Reed Smith, LLP, San Francisco, CA

On June 25, 2004, the Centers for Medicare & Medicaid Services (CMS) published a proposed rule that would significantly modify the regulations governing Medicare Part A reimbursement determinations and provider appeals. In particular, the proposed rule would materially amend the Provider Reimbursement Review Board's (PRRB's) policies and procedures. The proposed rule represents the first attempt to revise these policies and procedures in thirty years. Additionally, the proposed rule would adjust the Medicare reopening process.


The HIPAA Security Rule: Key Requirements And Legal Considerations
By Linda A Malek, Stacey Goldston, New York, NY

The April 20, 2005 compliance date (deferred to April 20, 2006 for small health plans) for the Health Insurance Portability and Accountability Act of 1996 Security Rule (the " Security Rule") is quickly approaching, and poses significant challenges for organizations that are in the process of implementing programs to comply with the Security Rule's many new requirements. This Article will present a summary of key Security Rule requirements for use by all organizations as a foundation from which to begin creating a Security Rule compliance program.



An Interview with Alex M. Azar II, Esq., General Counsel, U.S. Department of Health and Human Services
by Alan S. Goldberg, Goulston & Storrs, Washington, DC

Alex M. Azar II, is General Counsel of the United States Department of Health and Human Services. Alex was appointed by President George W. Bush and confirmed unanimously by the United States Senate, and has served since August 2001. Alex received his A.B. from Dartmouth College in 1988, where he was a member of Phi Beta Kappa; was awarded his J.D. from Yale Law School in 1991 where he served on the Yale Law Journal as a member of the Executive Committee. After law school, Alex clerked for Judge J. Michael Luttig of the United States Court of Appeals for the Fourth Circuit and for Associate Justice Antonin Scalia of the Supreme Court of the United States and practiced with the law firms of Kirkland & Ellis and Wiley, Rein & Fielding. He also served in the Office of the Independent Counsel, Kenneth W. Starr.


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Interest Group Spotlight

Payment & Reimbursement

The Payment & Reimbursement Interest Group follows trends, changes and practices in reimbursement, billing and collection under Medicare, Medicaid and other federal and state health care programs. The group also tracks major development relating to reimbursement and payment policies of other third party payors including commercial insurers and self-insured entities.

The IG was instrumental in preparing comments on Medicare Provider Reimbursement Determinations and Appeals (see article above) and the Medicare and Federal Health Care Programs: Fraud and Abuse; Clarification of Terms and Application of Program Exclusion Authority for Submitting Claims Containing Excessive Charges.

The IG is led by Chair Daniel A. Cody, Reed Smith LLP, San Francisco, CA and Vice Chairs, Karen Ann Lloyd, Community Health Network, Indianapolis, IN; Kathleen Scully-Hayes, Department of Health & Human Services, Baltimore, MD; and Stephen M. Sullivan, Sullivan Stolier & Resor, New Orleans, LA

If you would like to join the Interest Group, please go to Health Law Section IG Sign-up Form.

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