Health Care Law

Texas Case Looks at HIPAA and State Public Information Laws

Thursday, June 22, 2006

HIPAA privacy watchers will find the following Texas decision, Greg Abbott, Attorney General of the State of Texas v. Texas Department of Mental Health and Mental Retardation, of interest.
The opinion issued by Honorable Patrick Keel of theTexas Court of Appeals, Third District, upheld a 2004 opinion by Texas Attorney General Greg Abbott under Texas' public health reporting law.

The decision is summarized as follows:

A reporter made a public information request to the Texas Department of Mental Health and Mental Retardation (the "Department")asking for statistical information regarding allegations of abuse and subsequent investigations of abuse in state facilities and for the names of the facilities in which the alleged incidents occurred. The Department believed that the information could not be released because it was protected health information prohibited from disclosure by the Health Insurance Portability and Accountability Act of 1996 ("HIPAA") and asked the Attorney General to provide an opinion as to whether the information could be released. See Pub. L. 104-191, 110 Stat. 1936 (HIPAA codified in various sections of 8, 22, 26, 29 and 42 U.S.C.A.). The Attorney General concluded that the information was subject to disclosure by the Public Information Act, which requires the disclosure of public information in response to public requests. Tex. Gov't Code Ann. §§ 552.001-.353 (West 2004 & Supp. 2005) (Public Information Act). The Department contested the Attorney General's opinion and filed suit in district court. The district court concluded the information was confidential and not subject to disclosure. The Attorney General appeals the decision of the district court. We will reverse the judgment of the district court.

West Virginia Medicaid: States' Changes Reshape Medicaid

Monday, June 12, 2006

West Virginia Department of Health & Human Services, Bureau of Medical Services (West Virginia Medicaid) gets a mention in today's Washington Post, "States' Changes Reshape Medicaid," for taking the lead on implementing steps to transform the traditional role ofMedicaid. West Virginia's efforts focus on making the Medicaid recipient more responsible for their care and treatment and creating incentives for becoming healthier, including having preventative screenings, adherence to health improvement programs, not missing appointments and taking prescribed medications. Failure to follow the redesigned guidelines will make the Medicaid recipient eligible for less benefits.

West Virginia Medicaid Redesign states the following as a guiding principal:

The State of West Virginia, like all the other states, has experienced unsustainable growth in Medicaid program cost. Costs continue to grow at a rate that exceeds state revenue growth. In order to lower out health care costs and improve the health of all our citizens, West Virginia is drafting a Comprehensive Medicaid Redesign Proposal with the goals of:

Streamlining Administration
Tailoring services to meet the needs of enrolled populations
Coordinating care, especially for those with chronic conditions; and
Providing members with the opportunity and incentives to maintain and improve their health

According to the article, many states are watching the West Virginia initiative starting July 1 to require Medicaid patients to sign a members agreement promising that they will keep appointments, take prescribed medications and focus more attention on preventative medicine for themselves and their family rather than overusing hospital emergency rooms.

For more information with details of the West Virginia Medicaid Redesign check out the following links on the West Virginia Medicaid website:

Tags: WV, West Virginia, Medicaid, Medicaid Redesign, health care, health, law, Washington Post

Blonde Justice: Blawg Review #61

Don't miss this week's Blawg Review #61 over at Blonde Justice, in collaboration with Woman of the Law and Not Guilty.

More Blawgs on a Roll: 1,200 - 643=557

Wednesday, June 7, 2006

Following up on my 643 Blawgs and counting post, another article on law bloggers crossed my screen thanks to Evan Schaeffer at Legal Underground. Tom Mighell of Inter Alia and Between Lawyers has written an article over at ABA Law Practice Management titled, "The Next Stage of Lawyer Blogging."

The article discusses the past, present and future of law blogs. By his calculation there have been over 1,500 law blogs created since 2002 and that 80% of these are still active. That would put the number at roughly 1,200 law blogs (1,200 - 643 = 557).

The article provides some practical advice for lawyers who might be just jumping into the blogoshere and allows those of us who have been blogging for a while to better understand why we do it and how we can improve what we are doing. I've been toying with the idea of a collaborative health care blog idea and was excited to see that Tom predicts collaborative blogs will be on the rise in the future.

WVHCA Issues Moratorium on Development of CT Services

On May 24, 2006, the West Virginia Health Care Authority issued an Order declaring a moratorium upon the development, acquisition or other establishment of Computed Tomography (CT) services. The replacement of existing CT equipment by existing CT providers is not affected
by this moratorium. This moratorium shall continue until the development of State Health Plan Standards for evaluating CT services, or one hundred eighty days from the declaration of this moratorium, whichever is less.

A short summary of the Order can be found in the May 26, 2006, edition of the WVHCA Newsletter. A complete copy of the Order can be obtained directly from the WVHCA.

WVHCA Issues Proposed Revisions to Hospice Service CON Standards

Tuesday, June 6, 2006

The West Virginia Health Care Authority has issued proposed revisions to the Hospice Service certificate of need standards. The current Hospice Service CON standards were approved by the Governor on June 21, 2001.

Written coments on the proposed certificate of need standards may be submitted to Dayle Stepp, Director of Certificate of Need no later than June 23, 2006.

643 Blawgs: Blawgs on a Roll

643 blawgs (or legal blogs) and counting.

"Blawgs on a Roll" by Dahlia Lithwick with The American Lawyer provides a good perspective on why niche law blogs are growing and filling a needed gap in legal education and providing the public with legal information. Who better to write about the law than lawyers who specialize in that particular area.

One area of my practice involves the regulatory world of health care certificate of need in West Virginia. I often notice that the media misses the mark when reporting on certificate of need issues. No disrespect to the legal reporters covering the CON Beat but as Ms. Lithwick points out its "difficult to write about the law in a way that is both technically accurate and also interesting and accessible to lay readers." Believe me, West Virginia certificate of need law can be downright boring at times -- but it impact on health care planning in West Virginia is important. This is especially true in a rural state like West Virginia where issues surrounding access and quality of health care are vitally important.

My fav quote from the article:

. . . And why are legal blogs already so much more nuanced, opinionated, and exciting than most other types of legal writing? I think it's because legal journalism has operated for so long along a fairly narrow bandwidth. Some legal writers have simply internalized the canonical rules of legal writing in general: Separate fact from opinion. Respect authority. Sedate is good, but boring is better.

Other journalists have the opposing tendency, which is to skip over the so-called boring bits and shorthand technical details. Justice Kennedy is correct in pointing out that while editorial writers are quick to express opinions about the case law, they don't always take the time to explain how or why the courts arrived at their decisions. A results-oriented analysis of a case too often suggests that the justices took a results-oriented route to get there. . .

To be sure, legal bloggers are still working through their growing pains. Debate rages among them about whether law review articles are relevant anymore, whether blogging counts as real scholarship, whether junior faculty should avoid blogging until they gain tenure, why women tend to eschew legal blogs, what counts as a legal blog, and so on.

Charleston FestivALL: Celebrating the Arts West Virginia Style

Monday, June 5, 2006

I'm looking forward to the second edition of Charleston FestivALL set for June 23-25 in Charleston, West Virginia. Seeing a post about the Catfish of Fife Street over at Dale Morton's Costume Blog prompted me to check out the 2006 FestiVALL schedule. (Dale, can't wait to see the final catch.) You ask "What is FestivALL?"

Be sure to check out the great line up featuring: The Neville Brothers; Blues Brews & BBQ; Wine & All That Jazz, featuring Chris Botti; Chris Botti; Moutain Stage, featuring: Bruce Hornsby, The Dirty Dozen Brass Band, Tommy Emmanuel and The Believers; FOOTMAD (Friends of Old Time Music and Dance); Robert Shafer; Bob Thompson Unit; Blues de Jour; The Carpenter Ants; The Soul Doctors; Robbie Mackey; WV Dance Company; and so much more!

If you didn't attend any of the events last year don't forget to attend this year. For those of you who haven't been to Charleston or West Virginia this is a great time to visit and appreciate what we have to offer.

For more info on FestivALL don't forget to check out the GAZZ FestiVALL Blog.

UPDATE: More fishy tales from today's Charleston Daily Mail about the clay and papier-mache catfish making an appearance at FestivALL courtesy of Dale Morton Studios.

Does HIPAA have teeth?

Washington Post article, "Medical Privacy Law Nets No Fines," discusses current HIPAA privacy enforcement statistics from DHHS Office ofCivil Rights. Some statistics from the article:

19,420 HIPAA privacy complaints filed
73 percent of cases closed by ruling there was no violation or allowing covered entity to implement voluntary compliance
309 cases referred to DOJ for possible criminal violations
No civil fines imposed
Two criminal cases