Blawg Review #68: Jeremy Blachman

Monday, 31 July 2006
Blawg Review #68 is up at Jeremy Blachman's Brand New Weblog (aaka* Anonymous Lawyer and aka Jeremy's Weblog). Enjoy the week's best posts from the legal blawg world.

I'm nominating Jeremy for the Guinness World Record blawg category of "most law blogs owned and maintained by one person".

* aaka "also anonymously known as"

HR 4157: Health Information Technology Promotion Act of 2006

HR 4157, the Health Information Technology Promotion Act of 2006, was passed by the House on July 27, 2006. The bill promotes the use of health information technology to improve the safety and quality of the nation’s healthcare system.

Important to those groups, including West Virginia, looking at the barriers to health information technology adoption under the RTI funded Health Information Security & Privacy Collaborative (HISPC) is language requiring DHHS to study the impact of variation between state security and confidentiality laws and federal security andconfidentiality standards.

The legislation requires DHHS to report back to Congress within eighteen months whether “there is a need for greater commonality of the requirements of State security and confidentiality laws and current Federal security and confidentiality standards to better protect, strengthen, or otherwise improve the secure, confidential, and timely exchange of health information among States, the Federal government, and public and private entities.”

Also, the legislation calls for statutory exceptions in the Stark law (federal physician self-referral) and safe harbors to the Anti-Kickback Statute that would allow hospitals to supply physicians with HIT software and hardware used for the electronic exchange of clinical health information. Also, the bill requires adoption of International Classification Diseases (ICD)-10 codes sets by October 1, 2010.

The summary (as introduced) reads as follows:

SUMMARY AS OF:
10/27/2005--Introduced.

Health Information Technology Promotion Act of 2005 - Amends the Public Health Service Act to add a new title II part D (Health Information Technology).

Establishes within the Department of Health and Human Services an Office of the National Coordinator for Health Information Technology.

Directs the National Coordinator to: (1) maintain, direct, and oversee the continuous improvement of a strategic plan to guide the nationwide implementation of interoperable health information in both the public and private health care sectors; and (2) serve as the coordinator of federal government activities relating to health information technology.

Prescribes conditions under which any nonmonetary remuneration (in the form of health information technology and related training services) made by a hospital or a critical access hospital to a physician shall not be considered a prohibited payment (subject to civil and criminal penalties) made as an inducement to reduce or limit services to certain individuals.

Directs the Secretary of Health and Human Services to study and report to Congress on whether pertinent state laws and current federal standards should be conformed to create a single set of national standards to preserve and protect the security and confidentality of patient health information.

Amends SSA title XI to provide for establishment of uniform confidentality and security standards with respect to individually identifiiable patient health information.

Directs the Secretary to: (1) promulgate a final rule for upgrading specified Accredited Standards Committee X12 (ASC X12) and National Council For Prescription Drug Programs (NCPDP) Telecommunications standards and International Statistical Classification of Diseases and Related Health Problems, 9th revision, Clinical Modification (ICD-9-CM) codes; and (2) develop a strategic plan related to the need for coordination in the area of health information technology.

2005 Statistics on Physician Use of EHRs

Wednesday, 26 July 2006


Statistics on the use of electronic health record systems by office based physicians courtesy of iHealthBeat and a report by the National Center for Health Statistics.

The chart shows an increase in usage from approximately 18% in 2001 to 24% in 2005. Interestingly, the use varies among regions with the Northeast at 14.4% as compared to the West at 33.4%.

A recent report issued by the Healthcare Financial Management Association, "Overcoming Barriers to Electronic Health Record Adoption," provides more statistics on the adoption and barriers faced by the health care industry.

E-prescribing: privacy & security vs. lower cost & reduced errors

Tuesday, 25 July 2006
A tale of e-prescribing data breach courtesy of Instapundit. More on the e-prescribing breach and the suspension of the program at Georgetown University Hospital from iHealthBeat.

Alternatively, see this iHealthBeat report on a commitment by the auto manufacturers (Ford, Chrysler and GM) to continue support for an e-prescribing systemby pledging $1M.

West Virginia E-Health Initiative Update

Thursday, 20 July 2006
The West Virginia State Journal online edition provides an update of West Virginia's efforts to implement a statewide electronic medical records system.

The 2006 Legislature passed legislation creating the West Virginia Health Information Network responsible for guiding and overseeing West Virginia's efforts to coordinate and implement a private/public interoperable health information system. Governor Manchin has named Dr. Julian Bailes, chairman of WVU's Department of Neurosurgery as chairman of the Network.

Pew Study: Blog Stats

Wednesday, 19 July 2006
While on the topic of stats -- check out these interesting stats on the state of blogs from a recent Pew Survey. Courtesy of Yahoo News and Reuters.

Denise Howell, Reed Smith and the Blawg Effect

Robert Ambrogi at Inside Opinions: Legal Blogs raises many of the questions I've been thinking about over the last few days after learning about the separation of Denise Howell from Reed Smith. I first learned about the separation after reading the Aussie version of Blawg Review #66 (evidence that news travels quickly these days).

Prompted by Craig William's post, "Neo, Did you see that ripple in the Internet?," and other posts about the departure of Denise Howell from Reed Smith, I thought it would be interesting to provide some statistics (see below). Kevin O'Keefe at LexBlog reports that Reed Smith internet discussion is up 50%. Time will tell as to the overall impact (positive or negative) of the decisions made by Reed Smith and Denise. Do the stats below tell us anything? The stats reflect the first wave of interest in the news. It doesn't show us the lasting effect or the overall impact. It's also interesting to look at the stats over a longer period -- the Technorati charts below only show 30 days. Looking at the stats over a longer period of time makes this incident appear as more of a "blip."

My followup post from last week to Adam Smith Esq. post, "Are you making your times, or are they making you?" is more relevant now as we look at the decisions made by the parties. I would place Denise in the same category. She is a person who "makes the time" rather than being created by the time. Having a feeling of connection to both Denise and Greg Jordan I wish both Denise and Reed Smith success in the future.

Like no time ever before, the blogosphere (blawgoshere or bobbersphere) and electronic social networking allow for the quick sharing and discussion of opinions on a global scale. It simply amazes me everyday. The action taken by both parties and the resulting online dialogue in this case is but one example.

Update: A followup post by Kevin O'Keefe at LexBlog mentioning an article from the UK's Lawyer, "Reed Smith launches women's career forum and sacks female blogger."


Technorati stats:

Posts that contain "Reed Smith" per day for the last 30 days.
Technorati Chart
Get your own chart!

Posts that contain "Denise Howell" per day for the last 30 days.
Technorati Chart
Get your own chart!

Posts that contain "Denise Howell" And "Reed Smith" per day for the last 30 days.
Technorati Chart
Get your own chart!

Posts that contain "Denise Howell" Fired "Reed Smith" per day for the last 30 days.
Technorati Chart
Get your own chart!


Google statistics as of 7/19/2006:

Search of "Reed Smith" law 1,220,00 hits.

Search of "Denise Howell" 490,000 hits.

Search of "Denise Howell" and "Reed Smith" 690 hits.

Search of "Denise Howell" fired "Reed Smith" 154 hits.

Tags: Howell, Bag and Baggage, Reed Smith, blawg