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Health Law

Health Care Law Blog

Comments and Thoughts on Health Care Legal Issues, HIPAA Privacy & Security, Technology and Other Legal Odds and Ends that Impact West Virginia.
By Bob Coffield

Post Frequency: 2.4/day

Last Entry: April 27, 2020 at 10:14:36

West Virginia PEIA: Innovative Steps to Improve Long Term Health of West Virginia

Posted on December 05, 2010
This past week the West Virginia Public Employees Insurance Agency (PEIA) announced a creative and proactive health initiative to improve the health of West Virginians and move toward keeping future health care costs down for state and public school employees and ultimately for West Virginia taxpayer...

WVHIN: Public Comment Period on Proposed Privacy and Security Policies

Posted on December 02, 2010
The West Virginia Health Information Network (WVHIN), West Virginia's health information exchange, has issued proposed privacy and security policies and is seeking public comments on the proposed policies from December 3, 2010 through January 3, 2011...

Thanksgiving 2010: Will You Engage With Grace?

Posted on November 25, 2010
Will You Engage with Grace this Thanksgiving weekend? I hope so. For the third year running I am participating in the Thanksgiving holiday Engage with Grace Blog Rally. A viral effort to communicate the importance of having a conversation with your family and loved ones around end of life care wishes...

AMA Issues New Policy To Guide Physicians? Use of Social Media

Posted on November 09, 2010
Today the American Medical Association announced that it has adopted and issued a new policy offering guidance to physicians on the use of social media. The new policy focuses on helping physicians to "maintain a positive online presence and preserve the integrity of the patient-physician relationship...

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NLRB: Employees Protected Concerted Activity Extends to Faceboook and Social Media

Posted on November 09, 2010
Out of Connecticut comes an interesting case involving the use of social media in the workplace and its collision with employee protected concerted activity and employee freedom to associate without fear of employer retaliation under the National Labor Relations Act...

OIG Issues Roadmap on Avoiding Medicare and Medicaid Fraud and Abuse for New Physicians

Posted on November 05, 2010
The U.S. Department of Health and Human Services, Office of Inspector General (OIG) has issued a resource and educational guide for new physicians to help them better understand the key Federal fraud and abuse laws.As a health care attorney who often deals with physicians on fraud and abuse related matters, I applaud the OIG's effort to provide educational information to help raise the level of understanding on these issues and increase the transparency of these federal laws...

WV Medicaid Offering Cash Incentive Program to New ePrescribers

Posted on October 21, 2010
The West Virginia Regional Health Information Technology Extension Center (WVRHITEC) announced this week that West Virginia's Medicaid Program is now offering cash incentives to health care providers who become a part of a new e-prescribing system. WVeScript, is a new web-based ePrescribing tool implemented by the West Virginia Bureau for Medical Services (BMS) and provided to all Medicaid program prescribers and pharmacies...

Educating Physicians About Social Media

Posted on September 24, 2010
Great insight and advice from Bryan Vartabedian, M.D., the author of 33 Charts on "How to Speak to Physicians About Social Media."Dr. V was responding to a request from Susannah Fox, Associate Director - Digital Strategy at Pew Internet & American Life Project, who will be speaking on a panel at the American College of Surgeons 96th Annual Clinical Congress next month...

HIPAA Prosecution: Former UPMC Employee Indicted

Posted on September 21, 2010
The United States Attorney's Office Western District of Pennsylvania issued a press release providing details of their first HIPAA privacy prosecution. The federal grand jury in Pittsburgh issued a 14 count indicted naming Paul C. Pepala. The press release provides the following details: According to the indictment, in February 2008, Pepala, then employed at UPMC Shadyside Hospital, disclosed to others names, birth dates and Social Security numbers of patients for personal gain, in violation of federal HIPAA laws, and disclosed Social Security numbers to other persons without their authorization...

FSB: Best Lawyers in America 2011

Posted on August 20, 2010
This past week I received notice that I was again selected by my peers for inclusion in The Best Lawyers in America� 2011 in the field of "Health Care Law". In all, nine lawyers from Flaherty Sensabaugh Bonasso PLLC were selected for inclusion in The Best Lawyers in America� 2011...

CMS Awards WV Medicaid $945K Federal Matching Funds for EHR Incentive Programs

Posted on August 04, 2010
iHealthBeat reports that West Virginia Medicaid along with five other states will receive federal matching funds from the Centers for Medicare and Medicaid (CMS)to help implement electronic health record (EHR) incentive programs.West Virginia Medicaid will receive $945,000 in federal matching funds...

WVHCA: Proposed CON Standards for Megavoltage Radiation Therapy Services/Units

Posted on July 21, 2010
The West Virginia Health Care Authority has issued a Notice of Public Comment Period on a new Proposed Certificate of Need Standard for Megavoltage Radiation Therapy Services/Unit.Written comments on the proposed Certificate of Need Standard must be filed with the Authority on or before July 30, 2010...

WVHCA: Proposed Amendment to West Virginia CON Law Defintion of "Private Office Practice"

Posted on June 28, 2010
On June 15, 2010, the West Virginia Health Care Authority filed a Notice of a Comment Period on a Proposed Rule with the West Virginia Secretary of State amending West Virginia CSR 65-7, Certificate of Need Rule.According to the Summary and Statement of Circumstances filed with the Proposed Rule the "amendment clarifies the definition of "private office practice" for purposes of administering the Certificate of Need Program...

What Health Care Employers Need to Know about the West Virginia Patient Safety Act

Posted on June 25, 2010
Ryan Brown, a health care attorney at Flaherty Sensabaugh Bonasso PLLC who specializes in medical malpractice defense, health care regulatory work and health care related employment issues wrote this summary of the West Virginia Patient Safety Act. In 2001, the West Virginia Legislature passed the Patient Safety Act (?PSA?), W...

ONC Issues Final Rule for EHR Temporary Certification Program

Posted on June 21, 2010
Last Friday the Office of National Coordinator for Health Information Technology (ONC) issued a final rule providing the details on how organizations can be authorized by ONC to test and certify EHR technology. ONC discusses the details the Temporary Certification Program...

SAMHSA and ONC: FAQs on Substance Abuse Confidentiality Regulations for HIEs

Posted on June 21, 2010
The Substance Abuse and Mental Health Services Administration (SAMHSA) and the Office of the National Coordinator for Health Information Technology (ONC) announced last week the release of FAQs for Applying the Substance Abuse Confidentiality Regulations to Health Information Exchanges (HIEs)...

Thanks Blogger Team! Blogs of Note - June 14, 2010

Posted on June 15, 2010
Wow! Thanks to the Blogger Team for highlighting my Health Care Law Blog as a Blogs of Note on Blogger Buzz, the official buzz from Blogger at Google, for Monday, June 14, 2010. More on the Historie of Blogs of Note.Welcome to all stopping by the Health Care Law Blog for the first time...

Reversal of Conviction Because Undisclosed MySpace Friendship Between Defendant and Juror

Posted on June 10, 2010
Brian Peterson posts on a fascinating West Virginia Supreme Court of Appeals decision involving the use of social media between a juror and defendant and the issue of disclosure of such connections during voir dire.In State v. Dellinger, No 3573 (W.Va...

WVBOM: Policy Statement - Guidelines for Physicians in Collaborative Relationships with Advanced Nurse Practitioners

Posted on June 04, 2010
On May 10, 2010, the West Virginia Board of Medicine has issued a new Policy Statement - Guidelines for Physicians in Collaborative Relationships with Advanced Nurse Practitioners or Certified Nurse Midwives; Standard of Practice.The new Policy Statement provide West Virginia physicians with guidance on the role and responsibility they play in the collaborative relationship with advanced nurse practitioners and certified nurse-midwifes...

Credentialing and Privileging Telemedicine Physician and Practitioner

Posted on June 01, 2010
Last week the Centers for Medicare and Medicaid Services (CMS) issued a proposed rule revising the conditions of participation (CoPs) for hospitals and critical access hospitals allowing for a new credentialing and privileging process for physicians and practitioners who provide telemedicine services...

OCR Request for Information: HIPAA Privacy Rule Accounting of Disclosures under HITECH

Posted on May 03, 2010
Today the Office for Civil Rights (OCR), Department of Health and Human Services issued a Request for Information titled HIPAA Privacy Rule Accounting of Disclosures Under the Health Information Technology for Economic and Clinical Health Act (75 Fed Reg 23214 May 3, 2010)...

Testing Google's New Search Story

Posted on April 14, 2010
Yesterday I saw a post on the Official Google Blog about making your own search story videos in minutes. The post announced Google's simple to use search story video creation tool. Google introduced these search stories during the Superbowl with this ad, Parisian Love...

NCAA Final Four: It's a great day to be a Mountaineer wherever you may be!

Posted on April 03, 2010
Today the WVU Mountaineers take on the Duke Blue Devils in the NCAA Final Four. Good luck to the Mountaineers as they try to move on to the Championship Game on Monday night against the winner of the Bulter vs. Michigan State contest.West Virginians everywhere are excited about the game and proud of the hard work and dedication put in by the Mountaineer players, coaches and staff...

Social media discussion

Posted on April 02, 2010

DEA Interim Final Rule on Electronic Prescribing of Controlled Substances

Posted on March 26, 2010
On March 24, 2010, the Drug Enforcement Administration (DEA) released the Interim Final Rule with Request for Comments on Electronic Prescribing of Controlled Substances.The Interim Final Rule outlines the procedures for health care providers to electronically prescribe controlled substances...

AHLA Teleconference: The Intersection of Social Media and Human Subjects Research

Posted on March 23, 2010
On May 4, 2010, I will be participating in a teleconference on The Intersection of Social Media and Human Subjects Research. The teleconference is co-sponsored by the American Health Lawyers Association Health Information Technology, Life Sciences and Teaching Hospitals and Academic Medical Centers Practice Groups...

OCR Update on Issuance of HIPAA HITECH Rulemaking

Posted on March 18, 2010
Update from Office for Civil Rights (OCR) on issuance of the Notice of Proposed Rulemaking (NPRM) implementing changes to HIPAA under the Health Information Technology for Economic and Clinical Health Act (HITECH). Health care organizations and health lawyers have been anxiously awaiting rules implementing and interpreting the changes because the effective date for many of the HITECH requirements was February 17, 2010...

West Virginia State Bar Issues Advisory Opinion 10-001 Clarifying Rule 8 Pro Hac Vice Admission

Posted on March 16, 2010
Today the West Virginia State Bar announced that the West Virginia State Bar's Unlawful Practice of Law Committee has released Advisory Opinion 10-001, relating to questions from attorneys regarding its interpretation of Rule 8 of the West Virginia Rules of Admission to the Practice of Law, relating to admissions pro hac vice...

AHLA Connections: Legal Implications of Health Care Social Media

Posted on March 10, 2010
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...

Lesson for Hospitals and Health Care Providers: Photos of Shark Bite Victim

Posted on March 05, 2010
Martin Memorial too mum: Hospital staff violated privacy of shark victim, an article from the Palm Beach Post. The article highlights the impact ubiquitous mobile devices with cameras are having on our society and the potential liability risks associated with the use/misuse of these devices by health care employees...

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