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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

HITECH Law Blog

Posted on March 01, 2010
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...

AHLA Hospital's Friend or Foe: The Age of Social Media and Health 2.0

Posted on February 26, 2010
Today Jody Joiner and I presented at the AHLA Hospitals and Health Systems Institute on the use of social media by hospitals and health care providers. We provided an overview of social media use by hospitals and health care providers, discussed the pros/cons of using social media in the health care environment, presented case studies of the risks and legal implications and did a short role play involving tweets in the context of a medical negligence case...

Posted on February 26, 2010

Social Media presentation audience.

Posted on February 26, 2010

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AHLA Social Media presentation

Posted on February 26, 2010

AIS Report on Patient Privacy: Analysis of Willful Neglect Under HITECH

Posted on February 14, 2010
Recently I was interviewed for a story focused on the changes to the HIPAA civil penalty enforcement under the HITECH Act. The article is titled, Willful Neglect Is Difficult to Pin Down, but Can Result in Enormous HIPAA Penalties. The article discusses the definition and interpretation of "willful neglect" under the HIPAA penalty provisions...

WV HIT Funding Under HITECH: WVHIN Gets $7.8M and WV REC gets $6M

Posted on February 13, 2010
Health and Human Services Secretary Sebelius and the National Coordinator for Health Information Technology, David Blumenthal, announced the HITECH funding under the ARRA for State Health Information Exchanges (HIEs) and Regional Extension Center (RECs) across the country...

Model Jury Instruction: Warning Jurors on Use of Electronic Technology and Social Media

Posted on February 03, 2010
The Committee on Court Administration and Case Management of the Judicial Conference of the United States has issued a memo regarding Juror Use of Electronic Communication Technologies.At its December 2009 meeting, the Judicial Conference Committee endorsed a set of suggested jury instructions that federal district judges should consider using to help deter jurors from using electronic technologies to research or communicate about cases while they serve as jurors...

WVHCA: 2010 CON Capital Expenditure Minimum

Posted on January 20, 2010
The West Virginia Health Care Authority announced that the capital expenditure minimum for calendar year 2010 is $2,767,500. The capital expenditure minimum is typically used by the Authority when reviewing whether or not certain health relate projects require certificate of need review...

State Attorney General HIPAA HITECH Enforcement

Posted on January 15, 2010
My health law colleague, David Harlow, covers the news today on the first HIPAA enforcement action taken by a state attorney general under the new HITECH provision of American Recovery and Reinvestment Act of 2009 (ARRA).David's post, HIPAA enforcement by state attorney general: The shape of things to come, provides a good summary of the announcement by the Connecticut Attorney General...

HISPC Reports on State Health Information Law, Business Practice and Policy

Posted on January 13, 2010
The Office of the National Coordinator for Health Information Technology (ONC) has made available a compendium of reports which detail variations in state health information law, business practices and policy related to privacy and security of health information and the electronic exchange of health information...

WV Law Blog: Welcome BR Employment Law Blog

Posted on January 11, 2010
A welcome to West Virginia's newest law blog, BR Employment Law Blog, by the Bowles Rice Employment Law Group. The blog plans to provide information useful for employers with an emphasize on news from the region of West Virginia, Kentucky, Ohio, Virginia and Maryland...

The Saga Over The Privacy of Medicare Claims Data Continues . . .

Posted on January 11, 2010
Guest post by Michele Grinberg, my colleague in the Health Care Practice Group at Flaherty, Sensabaugh Bonasso PLLC. Through indirection find direction out? With apologies to William Shakespeare, the U.S. Court of Appeals for the11th Circuit and D.C...

West Virginia Law Review: Call for Scholarly Health Care Articles

Posted on January 11, 2010
Over the weekend I received an email from Todd Bergstrom, Executive Editor of the West Virginia Law Review announcing a "Call for Articles" for an upcoming issue of the West Virginia Law Review focusing on health care. Great to see the law review staff looking at the social disparities in access and outcomes that exist in our current health care system...

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

Posted on January 07, 2010
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)...

CMS and ONC Issue Rules on Proposing a Definition of Meaningful Use and Setting Standards for EHR Incentive Program

Posted on December 31, 2009
Yesterday the Centers for Medicare & Medicare Services (CMS) and the Office of the National Coordinator for Health Information Technology (ONC) issued two regulations laying the foundation for improving quality, efficiency and safety through meaningful use of certified electronic health record (EHR) technology...

Tweet By Hospital Employee: What information is considered PHI?

Posted on December 23, 2009
Interesting Tweet HIPAA Breach story coming out of Mississippi involving Governor Haley Barbour. The incident involved a response to Governor Barbour's tweet by a University Medical Center employee.Ves Dimov, M.D. at Clinical Cases and Images Blog posts about the story - Single tweet by hospital employee to Mississippi Governor violates HIPAA and gets her fired...

Lorman Medical Records Law Seminar: March 18, 2010

Posted on December 22, 2009
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...

West Virginia State Bar and Office of Disciplinary Counsel News

Posted on December 22, 2009
The West Virginia State Bar announced today that the Office of Disciplinary Counsel has a new website. Also, the West Virginia State Bar has redesigned its website design..The new Office of Disciplinary Counsel website contains information about the disciplinary complaint process the function of the Lawyer Disciplinary Board, the Rules of professional Conduct and the disciplinary complaint process...

Drug and Device Law: Herrmann's Farewell Post

Posted on December 18, 2009
Farewell and congratulations go out to fellow health law blogger, Mark Herrmann, (formerly) co-author of the Drug and Device Law Blog and author of The Curmudgeon's Guide to Practicing Law.In Mark's Farewell Post he announced that he is leaving Jones Day after 20 years to become the VP and Chief Counsel - Litigation at Aon Corporation...

Thanks Esse Diem: The Best Blogs You're Not Reading Yet

Posted on December 17, 2009
A quick thanks to Elizabeth Damewood-Gaucher author of the Esse Diem Blog for including the Health Care Law Blog on her short list of The Best Blogs You're Not Reading Yet.I would agree with her list and glad that am a regular reader of 4 out of the 5...

Blawg Review #242: The Age of Illumination

Posted on December 15, 2009
These days I don't always get around to religiously reading Blawg Review every week - but I'm glad I took the time to read Ron Coleman's Blawg Review #242 hosted at Likelihood of Confusion.In the past I often submitted blog posts to the editor - but have gotten out of the habit...

Florida Judicial Ethics Advisory Opinion on Social Media: Accept or Deny? Deny

Posted on December 11, 2009
The Florida Judicial Ethics Advisory Committee issued JEAC Opinion 2009-20 on November 19, 2009, indicating that judges may not add lawyers who may appear before the judge as "friends" on a social networking site, nor may judges permit such lawyers to add the judges as their "friend"...

HIPAA: Michigan Supreme Court Examing Preemption, Confidentiality and Ex Parte Interview of Treating Physicians in Medical Liability Litigation

Posted on December 10, 2009
The AMANews reports that the Michigan Supreme Court is examining whether the Health Insurance Portability and Accountability Act of 1996 (HIPAA) preempts state law to allow a defendant physician in a medical liability case to interview the plaintiff/patient's other treating physicians...

WVHCA Report: $1.1B Cost Saving from Adoption of HIT

Posted on December 09, 2009
iHealthBeat reports on the release of a new report prepared by CCRC Actuaries for the West Virginia Health Care Authority.The full report is available via the West Virginians for Affordable Health Care website and is titled, Health Care Financing in the State of West Virginia: An analysis and Projection of the Current System and Potential Transformations, August 2009...

FTC Exploring Privacy: Rountable Series

Posted on December 08, 2009
Over the next couple of months the Federal Trade Commission (FTC) will be hosting the Exploring Privacy: A Roundtable Services.The roundtable discussions are day-long public roundtable discussions to explore the privacy challenges posed by the vast array of 21st century technology and business practices that collect and use consumer data...

Chief Data Rights Officer

Posted on December 03, 2009
I love the creative and mind opening nature of Twitter tweets. Simple 140 character thoughts, questions, queries, etc.As a lawyer who deals with pages, reams, volumes, boxes, rooms of written information on a daily basis I'm often amazed (and pleased) by the depth of concepts that can be expressed through 140 characters...

2009 Engage With Grace Thanksgiving Weekend Blog Rally

Posted on November 24, 2009
Last year Paul Levy, Matthew Holt and Alexandra Drane asked me to participate in the Engage With Grace Thanksgiving Blog Rally. My post last year describes the Engage with Grace project and tells my personal story of why end of life care is important for all of us to discuss with our family and loved ones...

WVHIN Releases RFP for West Virginia Health Information Exchange

Posted on November 24, 2009
Today the West Virginia Health Information Network released a Request for Proposal (RFP) for a statewide Health Information Exchange. More information, including the deadlines, bidder worksheets and a full copy of the RFP are available on the WVHIN website...

ONC: Health IT Buzz

Posted on November 23, 2009
The Office of the National Coordinator for Health Information Technology (ONC) has launched a second blog called the Health IT Buzz Blog.Just a few weeks ago ONC announced the new Federal Advisory Committee Blog (FACA Blog).The initial post by Dr. David Blumenthal, MD, MPP, National Coordinator for Health Information Technology, talks about the importance of using technology to continue the conversation on Health IT and create a forum for engagement...

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