Engage with Grace Blog Rally

At the request of my good friend, Bob Coffield, I am joining the Engage with Grace blog rally to spread the word about end of life planning.  Unfortunately, I had personal experience with this topic due to the death of my father a few months ago.  It is a difficult discussion but one for which I admire my Dad a great deal.  He made a decision and we all respected his choice.  May you and your loved ones have such a thoughtful and dignified discussion when the time comes.

Happy Thanksgiving.

EHR and Legal Liability Task Force

I have the good fortune of co-leading an American Health Lawyers Association Task Force on Electronic Health Records and Legal Liability. For those of you who might be interested in this topic and/or participation, please let me know. The Task Force will seek to address the issues and concerns relating to EHRs, Personal Health Records, and Health Information Exchange.

This is a tremendously interesting area of the law. The developments in EHR adoption and implementation are on the cutting edge of legal liability and sometimes beyond that.

AHIMA Lobbying Aggressively Against Red Flag Exemption

AHIMA Recently sent a letter to Senator Chris Dodd (D-CT) and the Senate Committee on Banking, Housing and Urban Affairs to oppose any consideration of HR 3763, legislation that would exempt certain businesses, including healthcare practices with 20 or fewer employees, from the requirements of the Red Flags Rule. AHIMA is asking members to send a letter to their Senators opposing this legislation.

Interesting position by AHIMA in seeking to have the Red Flag Rules apply to these smaller practices and one that is certain not to win them any fans among physician groups.
 

ABA Wins - Red Flag Rules Do Not Apply to Lawyers - What About Doctors?

The American Bar Association succeeded in obtaining an Order for Summary Judgment holding that the FTC's Red Flag Rules do not apply to lawyers.  The Order granted the ABA an injunction and summary judgment on its claim that the Rules should not apply to lawyers and concluded the FTC acted arbitrarily and capriciously.

No word yet on the application of the Rules to physicians and other medical professionals.  It would appear at first blush that the same argument exempting legal professionals would apply equally to medical professionals.

Breach Notification and Employment Law

I just finished presenting a teleconference with my colleague, Linda Cooley. The subject was the intersection of the new Breach Notification Rule, Interim Enforcement Rule, and Employment Law. Linda's presentation on the HR implications was absolutely fascinating and a tremendous resource for covered entity employers. There is a lot to be considered in addition to compliance with the new HITECH Act requirements.

AHIMA Opposes Limitation on Red Flag Rules

AHIMA has continued its effort to oppose any consideration and passage of HR 3763 in the Senate.  HR 3763 would exempt certain businesses, including healthcare practices with 20 or fewer employees, from the requirements of the Red Flags Rule. 

The Benefits of HIT - Felt Immediately

Out of an abundance of caution, my doctor originally diagnosed me with H1N1. While at the office, I underwent the nasal swab test. Unfortunately, those test results are not available for two days and my visit was on Friday.

My family, friends, and co-workers were informed of the tentative diagnosis. Of course, as a parent I worried tremendously about my children contracting the flu. Thankfully, my physician utilized an EHR system with a PHR and patient communication component. So, as of Sunday evening I got my test results back along with a message from my doctor. It was not H1N1. I could quickly tell my office and family and decrease their worries.

I am still sick but the concern of H1N1 is off my mind, for now.