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Health Law Reporter Fall/Winter 2012

Monday, February 11, 2013
The Fall/Winter 2012 issue of the Health Law Reporter is now available! 
Click here to view.

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:

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.

By: Cassandra H. Arriaza and Sarah W. Walsh (LibbyHoopes, P.C.)

By:  Samantha Morton, Executive Director, Medical-Legal Partnership | Boston 

By: Margaretta Homsey Kroeger, Esq.

Policymaker Profile:

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)

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New Lawyers Committees

  • Entrepreneurial Development Committee
    The Entrepreneurial Development Committee consists of bar members with entrepreneurial spirit and the drive for success in the legal industry through firm establishment and growth. Committee members aim to enhance law practice management and marketing skills through exploring the integral areas of finance, office administration, personnel management, technology, market strategy, and personal legal career development. The EDC strives to foster entrepreneurship in the Boston legal community by providing law firm management and solo practitioners with the resources and tools to grow and prosper.

    Contact Information

    Alexis B. Kaplan

    Law Offices of Alexis B. Kaplan, LLC

    (617) 903-0225

    Christopher J. Desmond

    Desmond, Strang & Scott, LLP

    (602) 430-7019

  • New Lawyers Communications Committee
    This committee seeks to promote section membership and events and section members through a wide variety of online channels. Committee members assist in generating and aggregating content, publicizing section events and section-relevant information, publicizing updates on developments in the law, designing marketing campaigns and generally communicating section membership benefits to Massachusetts attorneys and law students.

    Contact Information

    Jared D. Correia

    Law Office Management Assistance Program

    (857) 383-3252

  • New Lawyers Law School Outreach Committees
    This Committee seeks to integrate Boston area law students into the local legal community by encouraging participation in the BBA. We conduct programming, in conjunction with other sections of the BBA and local law schools, designed to promote the professional development of law students. Through these programs, the Committee provides students with opportunities to obtain practical substantive legal knowledge and to network with attorneys and other students.

    Contact Information

    Michael Birch

    Lurie, Lent & Friedman, LLP

    (617) 367 1970

    Rebekah Provost

    Suffolk University Law School

    (617) 573-8000

  • New Lawyers Practical Skills Committee
    This Committee creates programming geared towards the needs of new lawyers to help them develop basic and advanced skills, both generally and within their substantive areas of practice, and to practice more effectively. Programming consists of presentations and panels covering a broad range of topics—from how to file an appeal, how to work with partners, to the basics of a purchase agreement. Committee members, who are responsible for managing these events from concept through to completion, have the opportunity to work closely with senior lawyers in numerous practice areas when facilitating these programs.

    Contact Information

    David D. McGowan

    Suffolk County District Attorney's Office

    (617) 619-4101

    Jamie M. Charles

    Middlesex County District Attorney's Office

    (781) 897-6836

    Robert Stetson

    Bernkopf Goodman LLP

    (617) 790-3323

  • New Lawyers Public Policy Committee
    The BBA is very active in legislative and regulatory changes. Attorneys are often asked to lend their expertise.

    Contact Information

    Gerrit Betz

    Exemplar Law Partners, LLC

    (617) 542 7400

    Michael Thomas Mullaly

    Desmond, Strang & Scott, LLP

    (857) 233-5534

  • New Lawyers Public Service Committee
    This Committee serves as a resource for new attorneys interested in starting or expanding their pro bono and community service work. The committee runs the Volunteer Income Tax Assistance Program which offers free tax help to low-to-moderate income persons in Massachusetts.

    Contact Information

    Sara Farnum

    Massachusetts Office of the Attorney General

    (207) 712-8555

    Margaret A. Caulfield

    Partners HealthCare

    (617) 954-9895

  • New Lawyers Social Events Committee
    This Committee organizes monthly gatherings for the New Lawyer's Section, including wine tastings, a casino night, happy hours, and more.

    Contact Information

    Michael Licker

    Foley Hoag LLP

    (617) 832-1197

    Ben Montgomery

    Partners HealthCare

    (617) 954-9525

  • Steering Committee
    The leadership committee of the Section organizes programs and discusses policy. To inquire about opportunities, please contact the Section Co-Chairs.