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Full-Text Articles in Law
Teaching The Hipaa Privacy Rule, Stacey A. Tovino
Teaching The Hipaa Privacy Rule, Stacey A. Tovino
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Twenty years ago, President Clinton signed the Health Insurance Portability and Accountability Act of 1996 (HIPAA) into law. Over the past two decades, the federal Department of Health and Human Services (HHS) has published several sets of rules implementing the Administrative Simplification provisions within HIPAA as well as the Health Information Technology for Economic and Clinical (HITECH) Act within the American Recovery and Reinvestment Act (ARRA). These rules include, but certainly are not limited to, a final rule published on January 25, 2013, governing the use and disclosure of protected health information by covered entities and their business associates (the …
On Health, Law, And Religion, Stacey A. Tovino
On Health, Law, And Religion, Stacey A. Tovino
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The Supreme Court recently decided a number of cases involving health, law, and religion, including Whole Woman's Health v. Hellerstedt, Zubik v. Burwell, and Burwell v. Hobby Lobby Stores, Inc. These cases were important for understanding constitutional undue burden limitations and the boundaries of religious exercise during the Obama Administration. Unfortunately, the Supreme Court's recent opinions addressing health, law, and religion have little value for many health law professors and most practicing health care attorneys. These individuals, tasked with teaching and applying the thousands of federal and state statutes, regulations, and government guidance documents that address a wide …
Giving Thanks: The Ethics Of Grateful Patient Fundraising, Stacey A. Tovino
Giving Thanks: The Ethics Of Grateful Patient Fundraising, Stacey A. Tovino
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Grateful patient fundraising, defined as the solicitation of philanthropic donations by health care providers from current and former patients, raises a number of legal and ethical issues. Elsewhere, I detailed the confidentiality issues raised by the use and disclosure of patient identifiable information by hospital development officers, major gifts officers, institutionally-related foundations, and commercial fundraisers, and proposed corrections to federal health information confidentiality regulations to better balance the competing aims of health care philanthropy and health information confidentiality. In this Article, I analyze several outstanding issues raised by physician involvement in grateful patient fundraising. That is, physicians who solicit philanthropic …
Silence Is Golden . . . Except In Health Care Philanthropy, Stacey A. Tovino
Silence Is Golden . . . Except In Health Care Philanthropy, Stacey A. Tovino
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No abstract provided.