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Copyright © 2008 Alan S. Goldberg All Rights Reserved |
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This Web site
provides general educational information only & should not substitute for
professional advice on your specific legal situation. Neither access to this
Web site nor communication via this Web creates an attorney-client
relationship.
This is Alan S. Goldberg's personal Web site for lawyers & law and other students for educational use only. This is NOT a law firm Web site & this is NOT a law or other school Web site. New York law requires you to be reminded that this website is ATTORNEY ADVERTISING. By entering this Web site, you agree to my >Disclaimer |
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>HEALTHLAWYERBLOG |
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This Web site
provides general educational information only and should not substitute for
professional advice on your specific legal situation. Neither access to this
Web site nor communication via this Web site creates a lawyer-client
relationship. By entering this Web site, you agree to our >Disclaimer |
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Please read our Year 2000 Readiness Disclosure for this Web site |
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>Comptroller General Disclosure under Medicare Program 42 USC 1395(v)(1)(I) |
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>Complaint in California Consumer Health Care Council vs. Kaiser Foundation Health Plan, Inc. et al. under Business & Professions Code re: alleged privacy violations. dated March 12, 2004 |
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US v. Green & Related Decisions: US Sentencing Guidelines Unconstitutional, June 18, 2004 |
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STARK II INTERIM FINAL RULE >Stark II Interim Final Rule March 25, 2004 - Before Publication in Federal Register >Stark II Interim Final Rule Federal Register March 26, 2004 (requires correction below) >Stark II Interim Final Rule 69 Federal Register Page 17933 et seq. Correction dated April 6, 2004 >Stark II Interim Final Rule Correction (.html version) >Stark II Interim Final Rule Federal Register March 26, 2004 (Rule without Preamble) >Stark II Interim Final Rule (.html version) |
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FDA & SEC
Cooperation >FDA Web Site Announcement >SEC Web Site Announcement >FDA letter to SEC >SEC letter to FDA >Opinion: Dismissal of Count 9 in Martha Stewart et al. Criminal Proceedings |
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>DC Bar Health Law Section -- The Patients Rights
Manual Copyright 2004 DC Bar. All Rights Reserved A companion manual for legal practitioners will soon be available. Contact DC Bar Sections Office (202) 626-3463 |
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Privacy, Security, HIPAA Administrative Simplification & Beyond:
Litigation
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As published in Federal Register April 18, 2005 |
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Goldberg Dates
HIPAA(sm) (Webmaster's Chart of Some Important HIPAA Administrative Simplification Dates) |
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>HHS Office for
Civil Rights HIPAA Guidance Documents - Office for Civil Rights - HIPAA Medical Privacy - National Standards to Protect the Privacy of Personal Health Explaining Significant Aspects of the Privacy Rule - December 4, 2002 & revised April 3, 2003 >http://www.hhs.gov/ocr/hipaa/privacy.html >12.02 OCR Privacy Rule Guidance .pdf format >4.03 Revision of 12.02 Privacy Rule Guidance .pdf format >4.03 Revision of 12.02 Privacy Rule Guidance .html format >CompareRite(TM) version of 4.03 version vs. 12.02 version of 12.02 Privacy Rule Guidance .pdf format HIPAA Guidance Published July 6, 2001 on the Office for Civil Rights HIPAA web site and subsequently withdrawn HHS HIPAA Final Privacy Rule General Overview "The following is an overview that provides answers to general questions regarding the regulation entitled, Standards for Privacy of Individually Identifiable Health Information (the Privacy Rule), promulgated by the Department of Health and Human Services (HHS), and process for modifications to that rule. Detailed guidance on specific requirements in the regulation is presented in subsequent sections, each of which addresses a different standard...."
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Individually identifiable health information; privacy standards -- Preamble & Rule - .pdf Federal Register, August 14, 2002, pages 5318153273 Individually identifiable health information; privacy standards -- Rule Only - .pdf Federal Register, August 14, 2002, pages 5326653273 Individually identifiable health information; privacy standards -- Preamble & Rule - .doc Federal Register, August 14, 2002, pages 5318153273 Individually identifiable health information; privacy standards -- Preamble & Rule - .html Federal Register, August 14, 2002, pages 5318153273 Individually identifiable health information; privacy standards -- Preamble & Rule - .wpd Federal Register, August 14, 2002, pages 5318153273 |
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DEPARTMENT OF
HEALTH AND HUMAN SERVICES Office of the Secretary 45 CFR Parts 160 and
164 Amendments first published August 9, 2002 unofficially by HHS Office for Civil Rights Standards for Privacy of Individually Identifiable Health Information To be published in Federal Register August 14, 2002 |
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Andrew W. Card, Jr./White House Regulatory Review Plan Memorandum of January 20, 2001 -- Final Rule Postponement |
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(Adobe Acrobat (R) PDF files take several minutes to open
or download)
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Aggregated General Topic HHS HIPAA FAQs |
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Corporate Compliance Plans Under HIPAA &
Beyond December 2000 by Alan S. Goldberg, JD, LLM HIPAA HERO® speech summarized in online media article |
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"IITRI found that the current system of external and internal controls makes it unlikely that either FBI or ISP personnel will use Carnivore carelessly or for improper purposes. However, maintaining central control and the requirement of headquarters approval are critical to maintaining effective operational controls...A small group of highly skilled FBI agents must not only approve applications of Carnivore, but are also intimately involved in the logistics. Their training and professionalism ensure that the intercept proceeds as narrowly and efficiently as possible...The risk of misfeasance may increase significantly, however, if Carnivore becomes more widely used. The governing statute, by itself, permits expanded use of Carnivore, but does not require that the Carnivore units be centrally stored; does not require FBI Headquarters approval for court authorization of a Carnivore intercept; and does not limit use of Carnivore to federal agents. Thus, although use of Carnivore in practice has been centralized, nothing in the statute prohibits state and local law enforcement agents from using Carnivore or local Assistant U.S. Attorneys on their own initiative from applying for court authorization to use the device...." | US
Department of Justice publishes IITRI Independent Technical Review of the Carnivore System Final Report 8 December 2000 |
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(Adobe Acrobat (R) PDF files take several minutes to open
or download)
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(Adobe Acrobat (R) PDF files take several minutes to open
or download)
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(Adobe Acrobat
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Privacy Standards: Issues in HHS' Proposed Rule on Confidentiality of Personal Health Information Testimony of Associate Director, GAO, Before Committee on Health, Education, Labor, and Pensions, U. S. Senate, Released April 26, 2000 |
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THE ELECTRONIC FRONTIER: THE CHALLENGE
OF UNLAWFUL CONDUCT INVOLVING THE USE OF THE INTERNET A Report of the Presidents Working Group on Unlawful Conduct on the Internet March 2000 Appendices to Report |
Remarks of John T.
Bentiveglio, Special Counsel for Health Care Fraud and Chief Privacy Officer,
U. S. Department of Justice --
Telemedicine: Evolving Legal and Regulatory Issues for
the Health Professions, April 28, 2000 -- Buffalo, N. Y. Computer Crime and Intellectual Property Section (CCIPS) of the Criminal Division of the U.S. Department of Justice |
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The USPTO issued a notice regarding changes in business process patents affecting software and the internet | Journal of the American
Medical Association Vol. 283 No. 12, March 22/29, 2000 Guidelines For Medical and Health Information Sites on the Internet |
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Office of Inspector General Long Term Care Compliance
Program Guidance for Nursing Facilitities Adobe Acrobat PDF (R) file from the Federal Register/Vol. 65, No. 52/Thursday, March 16, 2000/Notices Page 14289-14306 |
March 9,
2000 - Office of the Inspector General Estimated Improper Payments By Type of
Error - Medicare Program For Webmaster's Adobe Acrobat PDF (R) file of chart converted from OIG web site PPT file: Error Chart PDF file For link to Microsoft PowerPoint (R) version of chart from OIG web site: Error Chart PPT file |
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Department of
Labor, NOV 1999: Monitoring Fair Labor Standards Act Compliance in the
Long Term Health Care Industry Note that the pagination of this file is exactly the same as in the booklet received from the DOL (the Adobe (R) PDF (R) file will take several minutes to open) |
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FTC Gramm-Leach-Bliley Privacy Initiatives |
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Senate Banking Committee Statement of Managers on Privacy Title 5 of Act: Privacy Department of the Treasury, Federal Reserve System, Federal Deposit Insurance Corporation: NPRM Proposed Privacy Rule
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US Department of
Health & Human Services Nursing Home Nursing Staff Study 2001 Executive Summary Overview |
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Complaint: The Official Committee of Unsecured Creditors
of Allegheny Health, Education and Research Foundation vs.
PriceWaterhouseCoopers, LLP US District Court For the Western District of Pennsylvania, No. 00-684 [Note: the Adobe Acrobat (R) PDF file will take several minutes to open or download] |
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>PROTECTING PRIVACY WHEN USING TELEHEALTH TECHNOLOGY IN
HEALTHCARE Vol. 1 >PROTECTING PRIVACY WHEN USING TELEHEALTH TECHNOLOGY IN HEALTHCARE Vol. 2 Issues and Recommendations Telehealth Deployment Research Testbed Grant Award # 1 D1BTM 0005-01 October 2002 "Executive Summary This report documents the observations and recommendations resulting from a study of the privacy, confidentiality, and security issues unique to delivery of care through telehealth interactions. ..." |
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General Principles of Software
Validation; Final Guidance for Industry & FDA Staff Document issued on:
January 11, 2002FDA Software As Medical Device |
"This guidance describes how
certain provisions of the medical device Quality System regulation apply to
software and the agencys current approach to evaluating a software
validation system. For example, this document lists elements that are
acceptable to the FDA for the validation of software; however, it does not list
all of the activities and tasks that must, in all instances, be used to comply
with the law...." |
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THE FIRST
TELEMEDICINE ANTIKICKBACK OPINION: OFFICE OF THE INSPECTOR GENERAL ADVISORY
OPINION 98-18 REGARDING OPHTHALMOLOGY AND TELEMEDICINE |
THE SECOND
TELEMEDICINE ANTIKICKBACK OPINION: OFFICE OF THE INSPECTOR GENERAL ADVISORY
OPINION 99-14 REGARDING A RURAL TELEMEDICINE NETWORK |
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THE THIRD TELEMDEDICINE
ANTIKICKBACK OPINION: OFFICE OF THE INSPECTOR GENERAL ADVISORY OPINION 02-12
REGARDING INTERNET-BASED CHRONIC DISEASE MANAGEMENT Go to OIG Advisory Opinion 02-12 |
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New American
Health Lawyers Association Publications
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A Glossary of Health Care Terms, published in May 1999, contains definitions of important health care terms and provides useful information to those endeavoring to understand the often confusing language used in connection with the delivery of health care today. The newly published fourth edition contains additional information relative to the delivery of health care via telemedicine and reflects the many changes in health care today. For more information, go to Glossary.
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Download these file in
Adobe(R) Acrobat(R) PDF file format - (download will take several
moments) The Y2K Act and Year 2000 Information and Readiness Disclosure Act |
How to Build a Telemedicine
Program Sponsored by Fletcher Allen Health Care in Alliance with the University of Vermont - For further information about purchasing a CD-ROM containing program excerpts, go to: Fletcher Allen Health Care Telemedicine Program |
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