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When you say the teacup is empty Always ask, . Always ask, Empty of what? --Zen Philosophy . 3. Data Mining the Mother Lode. Fundamental Legal Issues Governing Health Information TechnologyPrivacy/SecurityLiabilityMedical ManagementCost/Restrictions. 4. Privacy/Security. HIPAAMedicar
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1. Data Mining the Mother LodeLegal and Regulatory IssuesinHealth Information Technology Capitol Hill Steering Committee on Telehealth and Healthcare Informatics
April 26, 2006
2. When you say the teacup is empty Always ask, Always ask, Empty of what? --Zen Philosophy
3. 3 Data Mining the Mother Lode Fundamental Legal Issues Governing Health Information Technology
Privacy/Security
Liability
Medical Management
Cost/Restrictions
4. 4 Privacy/Security HIPAA
Medicare and Medicaid
Federal and State Drug and Alcohol Laws
HIV Information
Mental Health Records
5. 5 Privacy/Security HIPAA
Privacy Rules Facilitate Transmission of Data for Treatment
More Limited for Payment and Operations
Security – Consistency with Current Standards
6. 6 Data Mining the Mother Lode Health Care Legal Presumptions:
Vaccination > Opt Out
Organ donation > Opt In
Fluoridation of Water > No Option
7. 7 Privacy/Security HIPAA
Disclosures/Tracking and Responding to Requests
Public Health
Public Protection/Law Enforcement
Subpoenas
Patient Requests
Tracking
8. 8 Privacy/Security HIPAA Security
Administrative, Physical and Technical Safeguards
Audit Controls
Access Controls
Authentication
Certification
9. 9 Privacy/Security Medicare
Medicaid
Federal and State Drug and Alcohol Laws
HIV Information
Mental Health Records
10. 10 Liability Key Issues:
Content
Practice Enhancements/Evidence Based Medicine
UM/DM/CM
Pay for Performance
Duty to Consult
Fraud and Abuse Implications
11. 11 Liability Content:
Origination
Quality/Accuracy/Integrity
Amendments/Additions/ Disputations
12. 12 Liability Practice Enhancements
Evidence Based Medicine
Pay for Performance
Vehicle for Care Management
Disease Management
Case Management
Utilization Management
13. 13 Liability Duty to Consult:
Yes: Primus v. Galgano
No: Suniga v. Eyre
Susnis v. Radfar
14. 14 Liability But Innovation Leads to Higher Expectations
Consider:
Helling v. Carey (Glaucoma Testing)
Shannon v. Mc Nulty
(Nurse Call Center)
Fetal Monitoring Cases
X-Ray Cases
15. 15 What is Medical Management?
16. 16
17. 17 Cost
Reimbursement
Restrictions
Stark
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