ABI’s 19th Annual Winter Leadership Conference Committee Agenda
by: David N. Crapo
Gibbons P.C.; Newark, N.J.
Members of the committee are reminded to attend the ABI’s 19th Annual Winter Leadership Conference at the Westin Mission Hills Resort in Rancho Mirage, Calif., on December 6-8, 2007. Our committee meeting will be held on Dec. 7 from 3:45 - 5:15 pm. The committee will depart from the format of previous meetings, in that committee members of the Committee will conduct a roundtable discussion of health care issues on the cutting edge of reform, legislation, case law and business operations. By providing a venue for practitioners to address the specific issues they face on a regular basis, the committee’s meeting should be especially interesting and informative.
Protection of Patient Confidentiality in the Bankruptcy Setting
by: Carol E. Jendrzey
Cox Smith Matthews Inc.; San Antonio
Health care bankruptcies present debtor’s counsel with a whole host of unique issues. Should a patient care ombudsman be appointed? How do you provide notice of the bankruptcy to patients without violating HIPAA or other laws relating to the protection of patient confidentiality? What to do with medical records when there are insufficient funds to store them? Clearly, these questions are only the tip of the iceberg and this article is only going to touch on the issues relating to the protection of patient confidentiality.
Is the Ombudsman for You: 7 Hills Radiology and the Application of 11 U.S.C. §333
by: Bonnie L. Clair
Summers, Compton, Wells & Hamburg, P.C., St. Louis, Mo.
Newly incorporated into the Bankruptcy Code as part of the Bankruptcy Abuse Prevention and Consumer Protection Act of 2005 (BAPCPA), 11 U.S.C. §333 requires the appointment of patient care ombudsman within 30 days of the petition date in any chapter 7, 9 or 11 case filed by a “health care business.” BAPCPA defined “health care business”as a public or private entity, profit or nonprofit, that primarily offers facilities and services to the general public for “the diagnosis or treatment of injury, deformity, or disease” and “surgical, drug treatment, psychiatric, or obstetric care.” The definition specifically includes hospitals; ancillary ambulatory, emergency or surgical treatment facilities; hospices; home health agencies; other similar entities; and long-term care facilities or health care institutions affiliated with long-term care facilities.
Health Care Information Technology Licenses in Critical Care Situations
by: John G. Loughnane
McCarter & English, LLP; Boston
Long before Michael Moore focused his camera on the U.S. health care system in his movie Sicko, the need for improvement was apparent. Costs had spiraled out of control, quality of care was inconsistent and health care providers faced daunting operational and financial challenges. Incredibly, as other industries aggressively deployed technology to deliver products and services more efficiently, the otherwise technologically advanced U.S. health care industry lagged behind. Although not a panacea, the improved deployment of technology is widely regarded as an important component in improving the U.S. health care system.
A Hidden Risk for Secured Lenders: How Taking a Security Interest in a Health Care Business May Force You to Pay for the Cost of Medical Record Storage and Dissemination
by: Kristin K. Going
Drinker Biddle & Reath, LLP; Washington, D.C.
One of the goals of the Bankruptcy Abuse Prevention and Consumer Protection Act of 2005 (BAPCPA) is to provide greater protections to patients in health care business bankruptcies. See Pub.L. No. 109-8. To that end, new Bankruptcy Code provisions have been enacted to specifically address issues that arise in healthcare business bankruptcies. For example, §101(27A) now defines health care businesses as hospitals, nursing homes, physician practices and other entities that provide diagnosis or treatment of injury or disease.