Showing posts with label health care. Show all posts
Showing posts with label health care. Show all posts

Friday, August 20, 2010

FSB: Best Lawyers in America 2011

Below is a list of all the 2011 FSB honorees:


    * Mike Bonasso - Commercial Litigation
    * Stephen Brooks - Medical Malpractice Law and Personal Injury Litigation
    * Bob Coffield - Health Care Law
    * Tom Flaherty - Personal Injury Litigation
    * David Givens - Medical Malpractice Law
    * Ted Martin - Medical Malpractice Law
    * Mark Robinson - Medical Malpractice Law
    * Don Sensabaugh - Medical Malpractice Law and Personal Injury Litigation
    * Jeff Wakefield - Bet-the-Company Litigation, Commercial Litigation, Medical Malpractice

Best Lawyers is based on an exhaustive peer-review survey in which more than 39,000 leading attorneys cast almost 3.1 million votes on the legal abilities of other lawyers in their practice areas. Corporate Counsel magazine has called Best Lawyers "the most respected referral list of attorneys in practice."

Tuesday, March 9, 2010

AHLA Connections: Legal Implications of Health Care Social Media

The current issue of the American Health Lawyers Association's Connections magazine features an article I co-authored with fellow AHLA health lawyer, Jody Joiner, on the impact of social media use in health care.

The article, Risky Business: Treating Tweeting the Symptoms of Social Media (PDF version), is featured in the March 2010 issue of AHLA Connections (Vol.14, No. 3, March 2010), a health lawyer magazine for the health and life sciences law community.

We provide background context on the use of social media tools by health care providers, address why we think health lawyers need to understand social media, and explore some of the legal implications as social media and the law intersect. The article ends with practical guidance to health care providers and organizations on implementing policies emphasizing the appropriate use of social media.

You can peruse the complete digital edition of the March 2010 AHLA Connections (Vol. 14, No. 3, March 2010). AHLA members should also check out the article in this issue on the recently launch Health Law Wiki. Great to see AHLA adding a wiki resource for members to share their expertise and experience in the complex and ever changing health care legal and regulatory world.

Special thanks to the AHLA Connections staff for allowing Jody and I the opportunity to write the article and for their great editorial assistance.

Monday, March 1, 2010

HITECH Law Blog

A warm welcome to fellow AHLA member and health law blogger, Kathie McDonald-McClure.

I just ran across her blog, HITECH Law Blog. She focuses the blog on health information technology, privacy and security and the blog was named after the HITECH Act. Looks like a great addition to the health law blogosphere.

Ms. McDonald-McClure is a member of the Health Care Services Team at Wyatt Tarrant & Combs, LLP in Louisville, KY.

Thursday, January 7, 2010

2010 AHLA Hospitals and Health Systems Law Institute: Hot 2010 Health Law Legal Topics

Although it is cold today in West Virginia - I'm hoping it will be hot in Florida in February.

I thought I would take a moment on this cold wintry day to write about the hot health topics that will be discussed at the American Health Lawyers Association (AHLA) Hospitals and Health Systems Law Institute scheduled for February 25-26, 2010 at the Doral Golf Resort & Spa in Miami, Florida (Conference Brochure PDF).

I will be speaking at the Hospitals Law Institute along with my colleague, Jody Joiner, Assistant Operations Counsel at Sisters of Charity of Leavenworth Health System. Our topic scheduled for Friday, February 26 is Hospital’s Friend or Foe: The Age of Social Media and Health 2.0 where we plan to cover:
  • The social media technology tools used by health care providers and hospitals
  • Pros/cons and legal implications of social media and health 2.0 services such as blogs, wikis, social networking, podcasting, video sharing, etc.
  • Best practices and development of policies and procedures which address staff and employees using social media
In addition to our session there will be variety of "hot" health law legal topic covered at the conference that will interest hospital administrators and their legal counsel, including sessions on government data mining to identify hospital compliance, understanding the recent ARRA HITECH developments impacting HIPAA and EHR, hospital/physician collaboration and relationships, best practices in hospital practitioner credentialing, peer review and privileging, voluntary disclosure strategies, hospital clinical research issues, and much more.

The AHLA Hospital and Health System Law Institute overlaps with the AHLA Physicians and Physician Organizations Law Insitute which will be held on February 24-25.The Physician Law Insitute will include "hot" physician topics on on call payments, Accountability Care Organizations, HITECH, disruptive physician behavior intervention, Stark issues for physicians, hospital/physician mergers, FMV for physician compensation and much more.

You can register for one or both. As an AHLA Member I regularly attend the Physician/Hospital Law Institutes every year or so because of quality and breadth of health law related materials for those who work in the health care industry. More information, along with how to register, can be found at the AHLA website:
Hospitals and Health Systems Law Institute
Physicians and Physician Organizations Law Insitute

Tuesday, December 22, 2009

Lorman Medical Records Law Seminar: March 18, 2010

On March 18, 2010 I will be speaking on Medical Records Law at a seminar in Charleston, West Virginia. The seminar is sponsored by Lorman Educational Services. Joining me for the day long seminar will be three very knowledgeable health care colleagues:
  • Michael T. Harmon, MPA, CIPP/G, Compliance Specialist for the West Virginia Mutual Insurance Company, a Medical Professional Liability Insurance Company
  • Sallie H. Milam, J.D., CIPP/G, Executive Director of the West Virginia Health Information Network and Chief Privacy Officer for the West Virginia State Government
  • James W. Thomas, Esq., Manager of the Charleston, West Virginia Business Law Department of Jackson Kelly PLLC whose practice focuses primarily upon health care matters of a business, regulatory and operational nature
Additional information about the seminar and how to register can be found at Lorman Educational Services. Following is the full seminar agenda:

8:30 am – 9:00 am


Registration




9:00 am – 9:15 am


Overview




9:15 am – 10:30 am


HIPAA Compliance: Reality and Perspective



— Michael T. Harmon, MPA, CIPP/G



  • Overview
  • Enforcement
  • Complaints
  • Case Examples
  • Summary of HITECH Changes




10:30 am – 10:45 am


Break




10:45 am – 12:00 pm


HITECH Financial Incentives for Implementation of HIT



— James W. Thomas, Esq.



  • Qualifying an Electronic Health Record System
  • Available Financial Incentives




12:00 pm – 1:00 pm


Lunch (On Your Own)




1:00 pm – 2:00 pm


Health Information Exchange in West Virginia: Impact on Patient Records



— Sallie H. Milam, J.D., CIPP/G




2:00 pm – 2:15 pm


Break




2:15 pm – 3:30 pm


Consumer Driven Health Care: HITECH, Health 2.0, Social Media and Personal Health Records



— Robert L. Coffield, Esq.



  • HITECH Breach Notification Requirements
  • Impact of Health 2.0 and Social Media Technology on the Future of Health Care
  • Development and Adoption of Personal Health Records
  • Discuss the Legal Implications of Emerging Technology




3:30 pm – 4:30 pm


Panel Discussion



— Robert L. Coffield, Esq., Michael T. Harmon, MPA, CIPP/G, Sallie H. Milam, J.D., CIPP/G and James W. Thomas, Esq.

Saturday, August 8, 2009

Viral Health Effort Via Twitter: Fit West Virginia (#FitWV)

Dawn Miller of the Charleston Gazette highlights the ongoing Fit West Virginia (#FitWV) effort ongoing via Twitter in her op-ed piece, West Virginians try to tip scales on obesity.

The idea was born back on West Virginia Day as a result of Jason Keeling asking his blog readers to discuss solutions to West Virginia's problems in a post, West Virginia: Using Social Media for the Mountain State's Betterment. In response, Skip Lineberg of Maple Creative responded with his post, A Fitter West Virginia.

As a result of that "healthy idea seed" being planted a core group of West Virginia tweeters have been regularly posting on Twitter using the hashtag #FitWV. The effort has created a viral movement of West Virginians supporting other West Virginians in making health choices, exercising regularly, etc. Hopefully, this positive discussion is bringing about positive change and support to those participating.

As the country discussed health care reform efforts like #FitWV should be made a part of the equation. As Jordan Shlain, MD says in his recent op-ed over at The Health Care Blog:
. . . Nowhere in this debate is the patient, the consumer, and the citizen: the American! We lack accountability, responsibility and civic sensibility. It is Joe Diabetic that snacks on ice cream, misses appointments and doesn't take his insulin that increases the cost of health care. This diabetic will be admitted to your local ER with diabetic ketoacidosis and have many subsequent hospital admissions at our (read: your) expense, not his. This is a fundamental collective action problem.

Our town square is so big that we can get away with malfeasance to our village (and our country) with no shame. Yet, the forces of economics do not defy gravity and the cost of health care is now affecting all of us. Those of us that are untethered from the reality of cost are driving our health care 'car' into the ground.
. .
If you use Twitter -- please join the effort.

Dawn Miller also provides a link to some great new information from the Centers for Disease Control. The CDC released last month "Recommended Community Strategies and Measurements to Prevent Obesity in the United States."

Ms. Miller writes:

The CDC did all the research and evaluation work, so individual communities don't have to. They assembled a group of people with experience in urban planning, nutrition, physical activity, obesity prevention and local government. The group reviewed a couple years' worth of research, evaluated various tactics and settled on 24 recommendations. For each one, the CDC summarizes the evidence behind it and suggests ways to measure progress. Communities should:

1. Make healthier food and drinks available in public places. Schools are key, but think also of after-school programs, child care centers, parks, playgrounds, swimming pools, city and county buildings, prisons and juvenile detention centers.

2. Make healthier food more affordable in those public venues. Lower prices, provide discount coupons or offer vouchers for healthy choices.

3. Improve the availability of full-service grocery stores in underserved areas. One study of 10,000 people showed that black residents in neighborhoods with at least one supermarket were more likely to consume the recommended amount of fruits and vegetables than those in neighborhoods without supermarkets. Residents consumed 32 percent more fruits and vegetables for each additional supermarket in their census tract.

More supermarkets also raised real estate values, economic activity and employment and lowered food prices.

4. Provide incentives to food retailers -- supermarkets, convenience stores, corner stores, street vendors -- to locate in underserved areas or to offer healthier food and drinks. Incentives can be tax benefits and discounts, loans, loan guarantees, start-up grants, investment grants for improved refrigeration, supportive zoning and technical assistance.

5. Make it easier to buy foods from farms.

6. Provide incentives for the production, distribution and procurement of foods from local farms.

Did you know that the United States does not produce enough fruits, vegetables and whole grains for every American to eat the recommended amount of these foods? Dispersing agricultural production throughout the country would increase the amount of available produce, improve economic development and contribute to environmental sustainability.

7. Restrict availability of less healthy foods and drinks in public places.

8. Offer smaller portion options in public places.

9. Limit advertisements of less healthy foods and drinks.

10. Discourage people from drinking sugar-sweetened beverages.

11. Support breastfeeding, which appears to provide some protection from obesity later in life.

12. Require physical education in schools.

13. Increase the amount of physical activity in school PE programs. Modify games so that more students are moving at all times, or switch to activities in which all students stay active. Improving phys ed improves aerobic fitness among students.

14. Increase opportunities for extracurricular physical activity.

15. Reduce screen time in public settings. TV and computer time displaces physical activity, lowers metabolism, increases snacking and exposes children to marketing of fattening foods.

16. Improve access to outdoor recreational facilities, such as parks, green spaces, outdoor sports fields, walking and biking trails, public pools and community playgrounds. Access also depends on how close such places are to homes and schools, cost and hours of operation.

17. Support bicycling. Create bike lanes, shared-use paths and routes on existing and new roads. Provide bike racks near commercial areas. Improving bicycling infrastructure can increase how often people bike for utilitarian purposes, such as going to work and school or running errands.

18. Support walking. Build sidewalks, footpaths, walking trails and pedestrian crossings. Improve street lighting, make crossings safer, use traffic calming approaches. Walking is a regular activity of moderate intensity that a large number of people can do.

19. Locate schools within easy walking distance of residential areas.

20. Improve access to public transportation to increase biking and walking to and from transit points.

21. Zone for mixed-use development, including residential, commercial, institutional and other uses. This cuts the distance between home and shopping, for example, and encourages people to make more trips by foot or bike.

22. Enhance personal safety in areas where people are or could be physically active.

23. Enhance traffic safety in areas where people are or could be physically active.

24. Participate in community coalitions or partnerships.

Friday, August 7, 2009

AHLA Public Interest Committee Publishes Stark Law White Paper

The American Health Lawyers Association's Public Interest Committee recently published a new white paper on on the federal self-referral law also known as the "Stark Law" which looks at and considers what, if any, changes to the Stark Law might be beneficial under the current health care system and the proposed reform efforts.


The white paper is entitled, A Public Policy Discussion: Taking the Measure of the Stark Law. The white paper was written as a result of the Committee's Convener on Stark Law, held in Washington, DC on April 24 and June 30, 2009.

Sunday, July 26, 2009

Technology: Then and Now

The discussion about health care reform has been front and center lately. Along with the debate comes the discussion and questions about the role technology will (should) play in the reform efforts. I was reminded of a photo I found a few months ago while I was home visiting my dad and looking through some old photo albums with him. 

Although the technology may have changed some from 1978 to 2008 - human nature hasn't really changed that much. Reforming the health care system involves more than implementing technology. Health information technology will not save the system, make health care cheaper or better without changes to the underlying structure of the system of health that we have built. If we continue our health care system with the fundamental flaws that exist without changing the human/process side - adding technology won't help.

Below is a photo of me from Christmas 1978 with the Atari 2600. The second photo of my son with the Nintendo Wii in 2008. Has much change in 30 years? 


Friday, June 26, 2009

Support the Declaration of Health Data Rights: #MyHealthData

The Declaration of Health Data Rights collaborative effort was announced this week by setting forth a simple, straightforward framework for health consumers right to their personal health information.

The social media driven initiative has grown support throughout the week. The effort is being endorsed and supported by a variety of companies/organizations and bloggers. The traditional media has also covered the initiative, including the NYT, "A Push for the Wired Patient's Bill of Rights," Boston Globe, "Health data rights declaration gets push,"and the Huffington Post, "Release 0.9 HealthDataRights Beta Version."

This evening I formally endorsed the declaration and statement of rights (Endorser #793). Read more about the initiave and consider supporting the effort at HealthDataRights.org. You can also follow the discussion on the declaration via twitter at the tag #myhealthdata.

The rights set forth in the declaration are largely supported by existing state and federal law, including changes to be implemented under the new HITECH provisions of the American Recovery and Reinvestment Act of 2009. The declaration serves as a simplified and concise statement of rights that helps to alert and engage patients of the role they need to play as better health consumers. Engaged health consumers play a key role in creating the needed change and improvement in our health care delivery system.


A Declaration of Health Data Rights

In an era when technology allows personal health information to be more easily stored, updated, accessed and exchanged, the following rights should be self-evident and inalienable. We the people:
  • Have the right to our own health data
  • Have the right to know the source of each health data element
  • Have the right to take possession of a complete copy of our individual health data, without delay, at minimal or no cost; if data exist in computable form, they must be made available in that form
  • Have the right to share our health data with others as we see fit
These principles express basic human rights as well as essential elements of health care that is participatory, appropriate and in the interests of each patient. No law or policy should abridge these rights.

Tuesday, May 26, 2009

X PRIZE: $10M Incentive to Innovate In Health Care (Reform)

Scott Shreeve, MD, Senior Health Advisor at the X PRIZE Foundation sent out a call last week to all health care bloggers to participate in a blog rally to promote the idea and effort behind the Healthcare X PRIZE competition. Below is a message from Dr. Sheeve being post around the blogosphere today. Please spread the word via your blog, Facebook, Twitter or the old fashion way -- telling someone face to face.

We are entering an unprecedented season of change for the United States health care system. Americans are united by their desire to fundamentally reform our current system into one that delivers on the promise of freedom, equity, and best outcomes for best value. In this season of reform, we will see all kinds of ideas presented from all across the political spectrum. Many of these ideas will be prescriptive, and don’t harness the power of innovation to create the dramatic breakthroughs required to create a next generation health system.

We believe there is a better way.

This belief is founded in the idea that aligned incentives can be a powerful way to spur innovation and seek breakthrough ideas from the most unlikely sources. Many of the reform ideas being put forward may not include some of the best thinking, the collective experience, and the most meaningful ways to truly implement change. To address this issue, the X PRIZE Foundation, along with WellPoint Inc. and WellPoint Foundation as sponsor, has introduced a $10M prize for health care innovators to implement a new model of health. The focus of the prize is to increase health care value by 50% in a 10,000 person community over a three year period.

The Healthcare X PRIZE team has released an Initial Prize Design and is actively seeking public comment. We are hoping, and encouraging everyone at every opportunity, to engage in this effort to help design a system of care that can produce dramatic breakthroughs at both an individual vitality and community health level.

Here is your opportunity to contribute:
  1. Download the Initial Prize Design
  2. Share you comments regarding the prize concept, the measurement framework, and the likelihood of this prize to impact health and health care reform.
  3. Share the Initial Prize Design document with as many of your health, innovation, design, technology, academic, business, political, and patient friends as you can to provide an opportunity for their participation
We hope this blog rally amplifyies our efforts to solicit feedback from every source possible as we understand that innovation does not always have a corporate address. We hope your engagement starts a viral movement of interest driven by individual people who realize their voice can and must be included. Let’s ensure that all of us - and the people we love - can have a health system that aligns health finance, care delivery, and individual incentives in a way that optimizes individual vitality and community health. Together, we can ensure the best ideas are able to come forward in a transparent competition designed to accelerate health innovation. We look forward to your participation.

This post was written by Scott Shreeve, MD in behalf of the X PRIZE Foundation.
Special thanks to Paul Levy for both demonstrating the value of collaborative effort and suggesting we utilize a blog rally for this crowdsourcing effort.

Tuesday, April 14, 2009

Neurology Today: When Moving Records and Practices, Know Your Legal Obligations.

I was interviewed for an article appearing in the March 19 2009, edition of Neurology Today. The article, When Moving Records and Practices, Know Your Legal Obligations (pdf version), was written by Elizabeth Stump and discusses the current legal requirements and recommendations regarding medical record retention, release of information, storage and requirements for notification of patients when a physician leaves a practice.