IN THIS ISSUE: Health Law Reporter Fall/Winter 2012

Print Friendly, PDF & Email

Sontag, DavidJerry Tichner Bio photoDavid Sontag and Jerry Tichner, Co-editors

In light of national and local focus on electronic health record-related and medical privacy issues, BBA Health Law Section Members and readers of the Health Law Reporter have increasingly expressed interest in articles relevant to the world of eHealth and electronic medical information.  Through their contributions to this issue, a number of our authors address these topics head on.  In particular, this issue features articles discussing the Massachusetts Health Information Exchange, recent privacy-related enforcement actions, and a policymaker profile of the Director of Massachusetts’ eHealth Institute.

Not to be overshadowed, this issue also includes insightful articles addressing the significant growth of the Medical-Legal Partnership model (which involves collaboration between health care and legal aid providers) and a recent CMS demonstration project addressing individuals dually eligible for Medicare and Medicaid coverage.  These articles, combined with four case briefs addressing recent decisions, further our efforts to keep our readers up-to-date as to current trends and issues in our industry.

We thank each of our authors for their significant efforts and contributions!

Opinion Pieces:

The Massachusetts Healthcare Information Exchange – An Inside Look at the Policy and Technology
By:  John D. Halamka MD, CIO Beth Israel Deaconess Medical Center; Manu Tandon, CIO EOHHS; Micky Tripathi, CEO, Massachusetts eHealth Collaborative; and Laurance Stuntz, CEO, Massachusetts eHealth Institute.

HIPAA Enforcement Trends: Growing Civil Enforcement
By: Cassandra H. Arriaza and Sarah W. Walsh (LibbyHoopes, P.C.)

From Practice to Theory: Medical-Legal Partnership Enters its Third Decade
By:  Samantha Morton, Executive Director, Medical-Legal Partnership | Boston 

The “Dual Eligibles” Demonstration: Massachusetts Becomes First in the Nation to Implement a New Health Care Model for Medicare-Medicaid Beneficiaries
By: Margaretta Homsey Kroeger, Esq.

Policymaker Profile:

Laurance Stuntz, Director of the Massachusetts eHealth Institute.
By:  David Sontag, Associate General Counsel, Beth Israel Deaconess Medical Center

Case Briefs:

Boston Medical Center Corporation & Another vs. Secretary of The Executive Office Of Health and Human Services (and a Consolidated Case ). 463 MASS. 447 (denying multiple hospitals’ claims alleging that EOHHS has failed to adequately reimburse for services rendered to MassHealth)
By: Andrew Rusczek (Verrill Dana)

Commonwealth vs. Dung van Tran (463 Mass 8) (discussing the application of the psychotherapist-patient privilege, and the standards for waiver of that privilege, in the context of a Murder trial)
By: Margaret Schmid (Donoghue, Barret & Singal)

Paula Tartarini vs. Department of Mental Retardation (82 Mass. App. Ct. 217) (discussing the mental capability standards for determining eligibility for DMR services).
By: Devin Cohen (McDermott Will & Emery)

Joseph A. Grocela, M.D., et. al. vs. The General Hospital Corporation dba Massachusetts General Hospital et al. (30 Mass. L. Rep. 176) (denying Plaintiff’s claims that the Hospital’s application of its intellectual property Policy resulted in unfair restraint on trade and violations of privacy.)
By: Sophie Wang (Choate, Hall & Stewart)