Health eConnect - Your link to the ABA's Health Law Section
 Feb 2005 Volume 1 Number 6
News  February 2, 2005

February 23-25, 2005
6th Annual Conference on Emerging Issues in Healthcare Law

The meeting where the leadership, Interest Groups and members come together to plan for the year and to get CLE at the leading edge, this is the Section's "flagship" program.

February 2, 2005
Federal Regulations of IRBs: Present and Future
February 3, 2005
Nuts & Bolts of the HIPAA Privacy Rule and the Practice of Law (Teleconference)

February 9, 2005
Blakely and the Federal Sentencing Guidelines: You Can Almost Go Home Again

The Importance of the Supreme Court's landmark decision in the Booker and Fanfan cases. (Teleconference & Live Audio Webcast Multi-Site)

Interest Group Communication Highlights for January

HIPAA: A Practical Guide to the Privacy and Security of Health Data

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

The Section is pleased to announce that HIPAA: A Practical and Security of Health Data has been named one of the ABA's top sellers!

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

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

Happy New Year to our Members. I look forward to seeing many of you at our Emerging Issues Conference in Orlando in February. It promises to be a wonderful opportunity for CLE, networking with your peers and having a lot of fun.

Over the past several months, some of our leaders and I have received inquiries from members about opportunities for public service. Some of these have been prompted by the horrible impact of natural disasters, like the tsunami in the Indian Ocean. Others have been more general in nature.

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Disruptive Practitioners: Managing the Risks
by Mark A. Kadzielski, Esq., Fulbright & Jaworski, LLP, Los Angeles, CA

Disruptive practitioners have become major deterrents to quality patient care. In a study published in the January 2005 issue of Nursing Management, “Disruptive Behavior & Clinical Outcomes: Perceptions of Nurses & Physicians” by Alan H. Rosenstein, M.D., MBA, and Michelle O’Daniel, MHA, MSG, VHA, a nationwide network of leading community-owned health care organizations and physicians, found that widespread disruptive behavior in healthcare had an impact on adverse events, medical errors, quality care, patient safety and patient mortality.

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Balancing "Competing and Legitimate Interests":
HIPAA and Law Enforcement

by Connie Crawford, El Paso County Hospital District Legal Unit, El Paso, TX

The permissive nature of responses by covered entities to law enforcement requests for disclosure of protected health information ("PHI"), and the responsibility of entities to exercise professional judgment can be misinterpreted by law enforcement officials. This article will provide a brief recap of that responsibility, examples of misunderstanding and some resources that may facilitate cooperation.

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Interview with John Casillas, Founder of the Medical Banking Project
by Alan S. Goldberg, Goulston & Storrs, Washington, DC

John Casillas is the founder of the Medical Banking Project, which was initiated to address medical banking, meaning the latent integration of banking technology, infrastructure and credit resources with healthcare administrative operations. The Medical Banking Project's goal is to provide technical help to policy makers, banks, and others involved in healthcare and financial areas.

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Interest Group Spotlight

Healthcare Facility Operations

This Interest Group focuses on the laws, regulations, and policies governing the operations of hospitals and other healthcare facilities. The IG deals with areas of the law and regulations included within Medicare, Medicaid, EMTALA, state and local licensure laws and regulations, and standards of national organizations such as the Joint Commission on the Accreditation of Healthcare Organizations (JCAHO), the Accreditation Council for Graduate Medical Education (ACGME), and the National Committee on Quality Assurance (NCQA).

Examples of issues dealt with by this IG include: legal duties of the governing body, medical staff bylaws and credentialing, improving quality of care, medical errors reporting/liability, medical ethics, conflicts of interest, licensure, compliance, internal audits and investigations. The IG also undertakes the following activities with regard to these areas of law, regulation and policy: monitors enforcement activity; follows and, where appropriate and applicable, comments on legislative and regulatory developments; and serves as a forum for the exchange of information and debate on these activities.

The Interest Group leadership, headed by Chair Robert R. Nelson, has been actively working to bring informative topics to the upcoming 2005 EMI Conference for their group luncheon.  Members have stated that the EMI Conference is one the best programs of its kind. Additionally the IG has been engaged in actively involving members in the IG’s direction by holding informal phone surveys.  The leadership has been holding bi-weekly teleconferences to survey and discuss issues that are of importance to the Interest Group. 

From the survey, the leadership has found that many members value the List Serve as a means of transmitting relevant information about current trends that are especially useful to the IG members.  The List Serve is particularly useful when dealing with time sensitive communications.

The IG is led by Chair Robert R. Nelson, Avera Health, Sioux Falls, SD and Vice Chairs Alexandria Hien Nguyen, Baylor Health Care System, Dallas, TX; Edward M. Sosa, El Paso County Hospital District, El Paso, TX; Cindi Baily, Baylor College of Medicine, Houston, TX; Amos W. Carty, Roy L. Schneider Hospital, St. Thomas, VI; and Julia Faber, Vanderbilt University, Nashville, TN.

If you would like to join the Interest Group, continue by clicking the following link: Health Law Section IG Sign-up Form.

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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