Health Care Law

Memorial Day: A day to honor those who have and are serving our nation

Monday, May 29, 2006

Today is a day for you and your family to reflect on those who have served our country. I personally thank all those who have served and are serving our country, especially those in my family and other West Virginians.

West Virginia serves an important and unique historical perspective on this day. West Virginia broke from the Commonwealth of Virginia during the Civil War and was admitted to the Union as a seperate state on June 20 1863. I grew up in New Martinsville, West Virginia about 5 miles south of the Mason-Dixon Line that represents the historical division between North and South. The Mason-Dixon Line along with the banks of the Ohio River which I grew up on served as the division between free and slave states.

A must read for all West Virginians on this day is the "Declaration of the People of Virginia Represented in Convention at Wheeling, June 13, 1861." You can read more about the formation of West Virginia at the West Virginia Division of Culture and History online exhibit, A State of Convienience: The Creation of West Virginia.

Blawg Review has a special Memorial Day Blawg Review #59 honoring Memorial Day. The edition has some great links to look at, reflect on and pass along to your friends and family, including the following:

Regardless of your perspective on the current war or war in general -- today is a day to honor and memorialize the past. As pointed out by the editor of Blawg Review from a piece by Andy Rooney, we need to use the past history of Memorial Day to point to the future. Be sure to tell your children about the importance of Memorial Day or Decoration Day, as my dad calls it. Memorial Day is a time for West Virginians to remember why Mountaineers Are Always Free and will continue to fight for freedom in many ways.

WV Best Kept Secrets: 30th Annual Vandalia Gathering

Wednesday, May 24, 2006

The 30th annual Vandalia Gathering begins this Friday and runs through Sunday, May 28. The Vandalia Gathering is held annually on the State Capitol Grounds in Charleston, West Virginia and features the best old time music anywhere.

If your an old time music fan or a fan of music in general you should plan to attend. I think its one of West Virginia's best kept secrets. Some of the best music happens off stage under the trees, in the nooks and crannies around the State Capitol Building and sitting around late in the evening. Check out the schedule of events and press release for this years West Virginia Memorial Day tradition.

The summary says it best:

Vandalia is Music
The Vandalia Gathering brings together the finest traditional Appalachian musicians for a weekend of great picking. Elder statesmen and young upstarts perform on stage, compete in contests and play in impromptu jam sessions all over the Capitol Complex. Visitors to the Gathering can enjoy fiddle, banjo, mandolin and guitar contests outside during the day, and concerts in the State Theater in the evenings. Keep your ears open!

Vandalia is Dance
From mountain flatfooting to Celtic dancing, the Vandalia Gathering brings to life the international heritage of West Virginia dance. The Gathering features demonstrations of Irish, Scottish, Morris, Swiss, Croatian and Appalachian dancing in the Great Hall, with the audience invited to learn and join. Native Americans present their dance and music outdoors on the Capitol grounds. Square dancing and flatfooting takes place at the Dance Stage outdoors all afternoon for public participation. Put on your dancing shoes!

Vandalia is a Way of Life
The Vandalia Gathering exhibits the traditions and many influences of West Virginia folklife. Ethnic and (very) American foods are served at the many food booths operated by area non-profits. The Craft Circle brings to one location a wide assortment of West Virginia artists and their works. From wood-fired pottery and Raku to folk toys and glass, over twenty craftspeople will be on hand to demonstrate and sell their works. The Old-Time for Young'uns area will give children the chance to experience some of the life, work and play of the early days of this state.

Vandalia is a Place
Vandalia was a proposed colony, originating in the land speculations of politically influential Englishmen and prominent Colonial Americans. In 1768 Benjamin Franklin was one of the organizers of the Great Ohio Company, which proposed the creation of Vandalia as the 14th colony. It would have included almost all of present West Virginia, except for the Eastern Panhandle, and much of Kentucky. The name was a gesture to Queen Charlotte, wife of George III, who proudly claimed descent from the Vandals through her birth to German nobility. The plan almost came to fruition in 1772-74, until the deteriorating American political situation made the British government back off.

The word Vandalia is rich in West Virginia heritage, synonomous with the desire for a free government in the mountains. And today, Vandalia is a place every Memorial Day weekend, at the Capitol Complex in Charleston, West Virginia, where the Vandalia Gathering presents traditional music, dance, crafts and food to keep the old ways alive in young minds.

West Virginia to participate in HHS Privacy and Security Grant

Government Health IT reports: West Virginia is one of 22 states selected to participate in a program funded by Health and Human Services (HHS) to examine the state privacy and security laws involved in the exchange of health information. I previously posted about West Virginia's involvement in this project.

RTI International was awareded a $17.2M contract by HHS to work with health care professionals and other health industry stakeholders throughout the U.S. to examine the practical hurdles to the formation of a uniform, interoperable health information exhcange while protecting patient specific data and addressing patients' privacy concerns.

More information:

Delish Menuzine

Tuesday, May 23, 2006

Charlestonians: don't miss the newest e-zine to hit the high speed networks. Check out Delish Menuzine, a project by Chef Virgil Sadorra of Delish (I'm having Udon withdraw due to the fire) and Vandalia Lounge fame. Submissions welcome.

Tip from Bill Lynch at Don't print this.

AHRQ study on the evolution of state health information exchange

Check out this study (Evolution of State Health Information Exchange: A Study of Vision, Strategy and Progress) issued by the Agency for Healthcare Research and Quality (AHRQ). I've only had a chance to scan but plan on reading it.

VA Data Stolen: What impact on public perception of privacy of health information?

Monday, May 22, 2006

What impact will the release of personal information of approximately 26.5 million veterans records have on the publics perception of privacy of health information and the movement toward an electronic health information system?

The reports that I've read indicate that medical information was not included in the electronic data stolen. The data stolen did contain personal information, including name, social security number, date of birth and certain disability rating information. The data was stolen after an VA employee took the unencrypted records home on a laptop computer and the laptop was stolen from his residence.

For more details check out the Veterans Administrations official public information on the data security issue and Information on Veterans Affairs Data Security Issue.

UPDATE: As expected, a class action has been filed seeking $1,000 in damages for each person impacted by the data breach. With over 26 million veteran records involved, this could amount to an estimated $26.5 billion in damages.

The class action lawsuit was filed on June 6, 2006, in the United Stated District Court for the District of Columbia before Judge James Robertson by a coalition of veterans groups, including the Vietnam Veterans of America, Inc., Citizen Soldier, Inc., National Gulf War Resource Center , Inc., Radiated Veterans of America, Inc. and Veterans For Peace, Inc. Also, named as plaintiffs in the matter are: Charles L. Clark of Kailua, HI; David Cline of Jersey City, NJ; James E. Malone of Tucson, AZ; and Jon Rowan of Silver Spring, MD. The lawsuit names as defendants: R. James Nicholson, in his Official Capacity as Secretary of Veterans Affairs and the United States Department of Veterans Affairs. Representing the plaintiffs in the class action are L. Gray Geddie and Douglas J. Roskinski with Ogletree, Deakins, Nash, Smoak & Stewart, P.C., Columbia South Carolina.

The action seeks declaratory and injunctive relief and money damages for the violations of the Administrative Procedures Act and the Privacy Act of 1974. The complaint states the, "plaintiffs represent approximately 26,500,000 individuals who have suffered emotional trauma and been placed in fear of identity theft, destruction of credit and financial fraud because of Defendants' reckless disregard for the privacy of these citizen's basic personal information." The complaint contains the details of the laptop theft of a computer and external data storage device from the home of a VA employee and a more detailed description of the nature of the claims alleged by the plaintiffs.

UPDATE2: Also a group of 30 health consumer organizations lead by the Health Privacy Project have asked U.S. Department of Health and Human Services Secretary Mike Leavitt to undertake a compliance review of the VA under the privacy and security regulations of Health Insurance Portability and Accountability Act of 1996 (HIPAA). A copy of the full letter sent to Secretary Leavitt can be found on the Health Privacy Project website.

the 30 groups include:
AIDS Action of Baltimore (MD)
AIDS Action, Washington DC
AIDS Action Committee of Massachusetts, Inc., Boston MA
AIDS Foundation of Chicago (IL)
AIDS Legal Services, Law Foundation of Silicon Valley (CA)
American Academy of HIV Medicine, Washington DC
American Association of People with Disabilities, Washington DC
American Mental Health Counselors Association, Alexandria VA
American Nurses Association, Silver Spring MD
American Psychiatric Association, Washington DC
Bazelon Center for Mental Health Law, Washington DC
Center for Democracy and Technology, Washington DC
Center for HIV Law and Policy, New York NY
Community HIV/AIDS Mobilization Project, New York NY
Consumer Action, Washington DC
Electronic Privacy Information Center, Washington DC
Fairfax County Privacy Council (VA)
HIV/AIDS Law Project, Phoenix AZ
Housing Works, New York and Albany NY, Washington
DC and Jackson MS
Legal Action Center, New York NY
Mental Health Advocacy Project, Law Foundation of Silicon Valley (CA)
National Coordinating Committee for Multiemployer Plans, Washington DC
New York State Black Gay Network, New York NY
Patient Privacy Rights Foundation, Austin TX
Positive Outlook, Ferndale MI
Privacy Rights Clearinghouse, San Diego CA
Privacy Rights Now Coalition, Washington DC
Servicemembers Legal Defense Network, Washington DC
Vietnam Veterans of America, Silver Spring MD
Women's Cancer Advocacy Network, Glen Allen VA

West Virginia Legislature: Final 2006 Wrap-Up

Thursday, May 18, 2006

The final edition of the West Virginia Legislature's "Wrap-Up Newsletter" is now available. The Wrap-Up provides a short summary of all 266 laws passed during the 2006 Regular Legislative session.

Its a great resource for lawyers and other West Virginians interested in knowing what changes to the law occurred in 2006. If you are interested in a particular bill you can then go get a full copy of the bill text via the Legislature's website.

Tune in to Lawyerlike: Blawg Review #57

Monday, May 15, 2006

Be sure to change the channel and tune into this week's edition of Blawg Review #57 hosted by Ryan Austin, a law student blogger (or bobber) over at Lawyerlike. As I venture on new blogs I like to read the first post.

Thanks for mentioning my Legal Uses of Google Trends post. I'm a bit dismayed that neither blawger, nor bobber rate at all on Google Trends. Keep on Googling.

I'm glad Ryan pigeonholed me in the "cutting edge law" categoryrather than finding myself in the "professional irresposibility"section. Great job Austin -- now back to your couch.

Legal Uses of Google Trends

Thursday, May 11, 2006

Check out the newest feature from the Google Labs called "Google Trends". As Google says, "see what the world is searching." More info about Google Trends. I can imagine a number of creative ways lawyers (and others) can use this tool. What about you?

For example, as a health lawyer focusing a part of my practice on HIPAA privacy and security compliance issues -- I found the search for the term "HIPAA" interesting. Relatively flat line on the volume chart -- going down a bit from 2004 to 2005 and a little rise in the beginning of 2006. Interestingly enough the top city for the search was Nashville. I suspect this is largely due to the fact that a number of national hospital companies are based in the Nashville area.

Give it a try and post your creative legal uses for Google Trends in the comments.