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Showing posts sorted by date for query medical privacy. Sort by relevance Show all posts
Showing posts sorted by date for query medical privacy. Sort by relevance Show all posts

Thursday, June 9, 2016

NJ Supreme Court Allows COLA Pension Freeze

LaVECCHIA, J., writing for a majority of the Court. In this appeal, the Court considers whether the 2011 suspension of State pension cost-of-living adjustments (COLAs), L. 2011, c. 78, contravened a term of the contract right granted under the earlier enacted “non-forfeitable right” statute, L. 1997, c. 113 (presently codified as N.J.S.A. 43:3C-9.5).

FL Supreme Court Rules Yet Another Part of the Work Comp Law Unconstitutional

The Florid Supreme Court today ruled yet another part of the Florida Workers' Compensation Act unconstitutional. The cut off of benefits provision was declared unconstitutional. The future of workers' compensation law in FL is now uncertain.

Wednesday, April 27, 2016

Privacy: Court Mandates Protective Order for Workers' Compensation Discovery

Plaintiff in mesothelioma case sought production of defendant's (Union Carbide Corp) employees' workers' compensation claim records. The corporate defendant, Union Carbide Corp) sought to restrict access and limit dissemination of the records of the workers' compensation matters sought through discovery.

Confidentiality is a two sided sword. Historically asbestos litigation had its genesis in workers' compensation claims. In this instance the Corporate Defendant sought the utilization of privacy restrictions as a defense.

Wednesday, March 23, 2016

Expectations Must Adapt to Change

In the "old days" the US workers' compensation system,  meet or "exceeded exceptions." Looking backward we recognize an aggressive and dedicated work ethic, that the government, private industry and labor," managed to embrace into a "Grand Bargain" called Workers' Compensation. 

Times have changed. In the past the corporate and executive workplace was a formal "tie and jacket" environment. Seasoned member always gripe how things have changed for the worse and long for a return to the comforting and familiar "good old times." 

Monday, February 8, 2016

Defense Firm Prohibited From Seeking Unfettered Medical Discovery

A defense firm, that had a “custom” of seeking unlimited medical discovery in workers’ compensation claims, was barred from utilizing that litigation tactic. The NJ Appellate Division affirmed the trial level decision of The Honorable Emille R. Cox, Supervising Judge of Compensation that prohibited requests for unlimited medical data.

Thursday, February 4, 2016

Senator Patrick Leahy Calls For Greater Transparency by Asbestos Companies

Statement of Senator Patrick Leahy Ranking Member, Judiciary Committee Hearing on “The Need for Transparency in the Asbestos Trusts”

Today the Judiciary Committee meets to discuss legislation that purports to promote more transparency in asbestos trusts.  Before we get into a detailed discussion about the merits of the proposed legislation, I want to make sure we all remember why we are here today.  For decades, millions of American workers were secretly poisoned.  Men and women who worked in our Nation’s factories, shipyards, mines and construction sites, and service members in the military, unknowingly inhaled air that was laced with asbestos—a substance so harmful that an individual can become critically ill simply by breathing.

Wednesday, August 5, 2015

CMS to Speed-Up MSP Collection Practices

The Centers for Medicare and Medicaid Services (CMS) has announced that it intends to speed up its collections practices enforcing the Medicare Secondary Payer Act (MSP). CMS stated that such procedures are mandatory under the Digital Accountability and Transparency Act of 2014 or the DATA Act Public Law No: 113-101 (05/09/2014).

Thursday, May 28, 2015

In the name of privacy...

After the massive US IRS data breach announcement this week, CMS has posted that it is establishing a more secure system for access to Medicare Secondary Payer Information. This is pretty consistent with President Obama's announcement to take Social Security Numbers off of Medicare Cards. 

The real issue is that while workers' compensation records are supposedly confidential in State systems, the Federal government has consistently neglected to insure that privacy whether be: medical records under HIPPA; by integration of  state's motor vehicle or workers' compensation records utilizing Social Security Numbers, or by Medicare Secondary Payer Act electronic data systems. 

Additionally, the Federal government will probably be mandating the reporting workers' compensation payment information, in Federal Income Returns shortly. The batting record of the IRS this week on privacy has been dismal.

Time will only tell whether workers' compensation data can actually be shielded from intruders. 

CMS announced today:

"As part of the Strengthening Medicare and Repaying Taxpayers (SMART) Act, the Centers for Medicare & Medicaid Services (CMS) will be implementing optional MFA services on the MSPRP. MFA is the use of two or more different authentication factors to verify the identity of an end user. Verified users will have access to view unmasked claim data on the Portal.

"Non debtors will still need to have a Verified Proof of Representation or Consent to Release authorization to perform actions on cases. Please note that MFA and the associated identity proofing process will be optional to portal users. Portal users may continue to use the portal without going through the MFA process but will not have the benefit of viewing un-masked data.

"MFA is scheduled to be available beginning on July 13, 2015. Updated user guides and training materials will be available on CMS.gov and within the portal upon implementation.


Thursday, May 7, 2015

NJ State Bar Association Opposes Workers' Compensation COLA Bill

"The New Jersey State Bar Association respectfully has concerns with S-929 (Sweeney) which concerns certain workers' compensation supplemental benefits. The New Jersey State Bar Association opposes this legislation in order to preserve the “Reverse Offset” provision in New Jersey, visa vie Social Security, which provides for a reduction of the workers' compensation benefit of a worker also receiving disability insurance. Enacting this legislation has the potential of harming the economic integrity of New Jersey’s current cost effective system by allowing for a double recovery of disability benefits and workers’ compensation benefits, which will in turn increase the cost of doing business in New Jersey. A potential alternative that would limit these adverse consequences would be to limit the application of the bill to survivor/death benefits. For the reasons set for above, the New Jersey State Bar Association respectfully opposes this bill."

Tuesday, March 3, 2015

Nurse Who Contracted Ebola in the U.S. Sues Her Hospital Employer

The nurse who was the first person to contract Ebola in the United States filed suit on Monday against the Dallas hospital where she worked, saying it knowingly left workers without the training or equipment needed to handle the disease.

The nurse, Nina Pham, 26, was one of two at Texas Health Presbyterian Hospital who were infected while treating Thomas Eric Duncan, who had the virus when he arrived from the West African country of Liberia.

Ms. Pham’s suit, filed in State District Court in Dallas, accuses the hospital’s parent company, Texas Health Resources, of negligence, fraud and invasion of privacy. Not only did the hospital expose her to a deadly disease, she contends, it also made false statements about her condition and released video of her without her permission.

A Texas Health spokesman, Wendell Watson, said Ms. Pham was “still a member of our team,” and declined to address the specific claims. He added, “We remain optimistic that we can resolve this matter.”

Ms. Pham has been free of Ebola for months, but she has lingering medical and emotional problems, and the long-term consequences remain unclear, said her lawyer, Charla Aldous.

“She still has fatigue and body aches,” and has not been able to return to work, Ms. Aldous said. “She’s been having some liver problems. Her hair started falling out.”

Mr. Duncan went to the hospital’s emergency room on Sept. 25 with fever, nausea and abdominal pain,...


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Wednesday, February 25, 2015

Medical Record Privacy: Does it Really Exist in a Workers' Compensation Claim?

Since before the evolution/promulgation of HIPPA, the nation's workers' compensation system has struggled with issues surrounding medical record privacy and dissemination of data. While establishing an aura of confidentiality, the nation's workers' compensation system has difficulty in maintaining strict medical record privacy.

Excluded from HIPPA, workers' compensation programs exchange huge amounts of medical records in order to efficiently and expeditiously process work related traumatic and occupational exposure claims. The balancing of interests continues to be an evolving process, especially in light of recent mass computer hacking of corporate entities and their employee data.

In a recent social media posting, John Geaney, Esq. defense attorney practicing in  NJ, describes how NJ employers and employee may obtain/exchange/disseminate medical records. Albeit that is only the tip of the medical records corporate iceberg/nightmare, the future remains even more uncertain as computer hacking escalates and national computer security issues become more involved and complicated. The future will even become more complicated as interests of stakeholders are increasingly challenged by technology.


Monday, September 29, 2014

Study: Cancer costs 'skyrocketed' despite drug cuts

Today's post is shared from thehill.com
The cost of treating cancer has "skyrocketed" despite a 2003 law that sought to control Medicare drug costs, including the cost of chemotherapy, according to a new study.
Research published Monday in the Journal of Clinical Oncology found that oncologists did not stop prescribing expensive cancer drugs even after Medicare cut the drugs' reimbursements in 2005.
In fact, the aggregate cost of cancer care rose by as much as 60 percent between the passage of the law in 2003 and 2013, the study noted.
"Economists expected a sharp decline in use of the most expensive drugs targeted by the [2003] law, because reimbursement to oncologists for these drugs was reduced, but that did not happen," said Mark C. Hornbrook of Kaiser Permanente Northwest, the study’s lead author.
Cutting drug reimbursements is one way federal health officials seek to influence doctors' prescribing habits.
Profit on Medicare reimbursements for chemotherapy drugs is one way cancer clinics generate profit, making the payments ripe for scrutiny by Medicare.
The study looked at 5,831 chemotherapy regimens for 3,613 patients and found the the law lowered prescriptions for affected cancer drugs "slightly" in fee-for-service cancer clinics.
The 2003 law — the Medicare Prescription Drug, Improvement and Modernization Act — is best known for creating Medicare Part D.
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Friday, December 13, 2013

Petition Aims to Build First Federally Funded Mesothelioma Program

Helping asbestos victims may become a Federal effort. Today's post was shared by Linda Reinstein and comes from www.asbestos.com


As the youngest person to become chief of Naval Operations, Admiral Elmo Zumwalt played a major role in U.S. military history -- a war hero whose service spanned World War II, Korea and Vietnam.
It's only appropriate that the Mesothelioma Center for Excellence at the VA West Los Angeles Medical Center is adopting his name.
Zumwalt died from pleural mesothelioma cancer almost 14 years ago, an ending that far too many veterans have suffered, stemming from the once-extensive use of asbestos in the armed forces.
His life was dedicated to those who bravely served their country. Now his memory will be, too.
If the efforts to become the first federally funded mesothelioma program are successful, the Elmo Zumwalt Treatment & Research Center in Los Angeles is expected to blossom and become a premier destination for veterans battling this disease.
"These (veterans) are our heroes. They've given so much of themselves. They deserve the best care we can give them, particularly with this disease," said Clare Cameron, executive director of the nearby Pacific Heart, Lung and Blood Institute. "I think it is so important to take care of them now. They have earned that right."

Help With Petition Signatures

Cameron has been gathering petition signatures supporting efforts by the West Los Angeles VA and the Zumwalt family. She will present the petition early in 2014 to Robert Petzel, M.D., Under Secretary for Health for the U.S....
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Friday, December 6, 2013

Keeping privacy in focus

Confidentiality has been the hallmark of Workers' Compensation since the inception of the program. Has been challenged federally through the portability act concerning the privacy of medical records. All that reach was bad enough, a data breach from and a governmental site is even worse. It is becoming more than obvious, but the weak financial infrastructure, of the patchwork of worker's Compensation systems for the country are creating serious challenges. Instead of attempting to run 50 different programs throughout the country, it is probably A good idea to start looking inward, and establishing a single solid system that can meet the needs required to run A multibillion-dollar benefit system the rep country and also maintain the confidentiality and privacy that the parties participating in it require. Today's post shared from therepublic.com

Hackers gained access to the personal information of about 26,000 Pennsylvanians who use debit cards to receive jobless and workers' compensation benefits, the Pennsylvania Treasury Department said Thursday.
The incident was part of a wider security breach affecting 465,000 holders of JPMorgan Chase & Co. prepaid cash cards nationwide.
The breach affects only cardholders who used the JPMorgan Chase UCard Center website between mid-July and mid-September, the Treasury Department said. Michael Fusco, a spokesman for JPMorgan, said the bank found no evidence any information was used improperly.
JPMorgan first contacted the Pennsylvania Treasury Department on Tuesday, agency spokesman Gary Tuma said.
JPMorgan has referred the matter to law enforcement and would not explain details of how the breach occurred, the Treasury Department said.
The Pennsylvania agency wants details from JPMorgan Chase about the bank's response to the breach, including an explanation for any delay in notifying it and the additional measures it will undertake to protect against a recurrence.
The department said most of the personal information that might have been viewed includes card numbers, dates of birth, user IDs, email addresses. Information on external bank accounts might have been exposed, as well, if a cardholder completed a transaction to it, the department said.
Cardholders are being contacted by letter with instructions and are being urged by JPMorgan Chase in the meantime to...
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Thursday, December 5, 2013

The Road toward Fully Transparent Medical Records

Privacy of medical data in the workers' compensation system does not exist. Federal portability act excluded worker's Compensation claims. In some jurisdictions, claimants are able to seek declaratory relief to shield the records. The processes costly, onerous, and incompatible with the underlining summary and remedial legislative intent of a viable Worker's Compensation program. Today's post was shared by NEJM and comes from www.nejm.org

Perspective
Jan Walker, R.N., M.B.A., Jonathan D. Darer, M.D., M.P.H., Joann G. Elmore, M.D., M.P.H., and Tom Delbanco, M.D.
December 4, 2013DOI: 10.1056/NEJMp1310132
Article
Forty years ago, Shenkin and Warner argued that giving patients their medical records “would lead to more appropriate utilization of physicians and a greater ability of patients to participate in their own care.”1 At that time, patients in most states could obtain their records only through litigation, but the rules gradually changed, and in 1996 the Health Insurance Portability and Accountability Act entitled virtually all patients to obtain their records on request. Today, we're on the verge of eliminating such requests by simply providing patients online access. Thanks in part to federal financial incentives,2 electronic medical records are becoming the rule, accompanied increasingly by password-protected portals that offer patients laboratory, radiology, and pathology results and secure communication with their clinicians by e-mail.
One central component of the records, the notes composed by clinicians, has remained largely hidden from patients. But now OpenNotes, an initiative fueled primarily by the Robert Wood Johnson Foundation, is exploring the effects of providing access to these notes.3 Beginning in 2010, at Beth Israel Deaconess Medical Center (which serves urban and suburban Boston), Geisinger Health System (in rural Pennsylvania), and Harborview Medical Center (Seattle's...
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ADAO Resource: How To Find a Doctor or Treatment Facility Specializing in Mesothelioma and Asbestos-Related Diseases

Seeking information about medical treatment concerning mesothelioma? The information made available by the ADAO makes the process less difficult, Especially during challenging moments.Today's post was shared by Linda Reinstein and comes from www.asbestosdiseaseawareness.org

Posted on December 4, 2013*Note: From the very founding of our organization, ADAO has abstained from providing any medical or legal referrals. ADAO remains an independent organization that is not influenced by outside sources, such as drug companies, law firms, or companies that manufacture or use asbestos.

Many of us can think back to the heartbreaking time when we first heard the news that a loved one had an asbestos-caused disease. “Mesothelioma – can’t pronounce it, can’t cure it,” was my devastated, personal reaction. It took me many weeks to even begin to understand the diagnosis my husband had received and find the very limited treatment options available to him.

My learning curve was steep and Alan was diagnosed before the advancement of the smart phone.

Navigating the health care system maze is complex – but it shouldn’t be. The Asbestos Disease Awareness Organization (ADAO) is committed to replacing those feelings of fear, loneliness and confusion with the knowledge that there are others who share your experience and want to support you.

We want you to have easy access to information about medical resources for asbestos-caused diseases. The National Cancer Institute has an excellent page, in English and Spanish, to answer your questions on “How To Find a Doctor or Treatment Facility...
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Friday, November 22, 2013

Overlooked Lymph Nodes in Rib Cage Have Prognostic Power for Mesothelioma Patients

A potential tool to diagnosis and treatment mesothelioma has been reported.

For the first time, researchers from the Perelman School of Medicine at the University of Pennsylvania have shown the predictive power of a group of overlooked lymph nodes--known as the posterior intercostal lymph nodes--that could serve as a better tool to stage and ultimately treat patients with malignant pleural mesothelioma.

The findings were presented October 28 at the 15th World Conference on Lung Cancer.
Physicians look to lymph nodes to stage essentially all cancers, including mesothelioma. The presence or absence of metastatic cancer cells in lymph nodes affects prognosis and also typically dictates the optimal treatment strategy. But posterior intercostal lymph nodes, which are located between the ribs near the spine, have not been previously used to stage or guide treatment of malignant pleural mesothelioma or any other cancer.

Monday, October 21, 2013

Your prescription history is their business

Drug history
Think you can keep a medical condition secret from life insurers by paying cash for prescription meds? Think again.

A for-profit service called ScriptCheck exists to rat you out regardless of how diligent you are in trying to keep a sensitive matter under wraps.
ScriptCheck, offered by ExamOne, a subsidiary of Quest Diagnostics, is yet another example of data mining — using sophisticated programs to scour databases in search of people's personal information and then selling that info to interested parties.

To be sure, life insurers have a need to know as much as possible about the people they cover. This helps mitigate risk and potentially keep rates affordable for everyone.

But for anyone who is taking an antidepressant, say, or being treated for a chronic condition, privacy can be a key consideration. You may not want employers — or potential employers — to know what you're taking. By the same token, you may not want to risk a potentially sharp increase in insurance premiums.

"It's a tough issue," said David Bryant, a Los Angeles life and health insurance broker. "From the consumer's perspective, you may want to keep certain things under wraps. But when you buy a policy, an insurer will want to pull all information about you."

And thanks to ScriptCheck, the insurer doesn't have to give things a second thought. By purchasing this or a similar service, the insurer can be notified of all prescriptions you've filled in recent years, regardless of how...
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Thursday, September 19, 2013

What is the Date Last Insured, and Why Does it Matter?

Today's post comes from guest author Susan C. Andrews, from Causey Law Firm.

A person who has been out of the labor market for quite some time before he applies for Social Security Disability (SSD) may find that his application for benefits is rejected because he cannot prove he became disabled before his date last insured.  

In order to qualify for benefits in the first place, a person must pay Social Security taxes long enough to have insured status. When the individual stops working and therefore stops paying into the system, eventually he will hit his date last insured and lose his insured status. It is a little like a private insurance policy: when you stop paying the premiums, you no longer are covered by the policy.  For a person who has work steadily in his lifetime, the date last insured is arrived at and insured status lapses about five years after stopping work.
 The Social Security Administration has another program for the medically disabled called Supplemental Security Income (SSI) where there is no date last insured rule, but there are other program requirements and limitations. In a future article, we will explore the differences between the Social Security Disability (SSD) and Supplemental Security Income (SSI) programs.   
     As an example of how the date last insured issue can prevent a person from getting Social Security Disability (SSD) benefits, consider the case of a 35 year-old woman who has worked steadily since her late teens. She and her husband have twins when she is in her mid-30s. There are a lot of late night feedings and diapers to change! She stays home to take care of the twins while her husband continues to work to support the family. When the twins turn five, she begins to think about returning to work, perhaps when they go into first grade a year or so later. Five years has passed, and she reaches her date last insured. She loses her insured status and has not yet returned to work. When the twins turn six, she gears up her job search, but has not yet re-entered the labor market. Then medical catastrophe strikes: she has a very disabling stroke – unusual in a person this young, but not unheard of. She clearly cannot work. She applies for Social Security Disability and is turned down because she did not become disabled before her date last insured. Unlike the Social Security Retirement program, where it is possible to collect Social Security Retirement (SSR) benefits on the earnings record of one’s spouse, the Social Security Disability program only allows for benefits to be paid on the basis of one’s own earnings record.

     Consider another scenario with this family of four. When the twins are three, mom is diagnosed with Multiple Sclerosis. This condition can progress slowly or more quickly. In her case, she suffers a fairly quick progression of symptoms. By the time the twins are six and going into first grade, she is ready to return to work, except that she is suffering a variety of MS symptoms, including the profound fatigue that is experienced by many with this disease. Her combination of symptoms prevents her from working, so she applies for Social Security Disability. She passed her date last insured when the twins turned five. Will she get benefits? That depends. She certainly can apply for benefits after her date last insured, but she must be able to show that her symptoms had become sufficiently severe to prevent her from working before her date last insured. We have handled many cases where the individual is out past his or her date last insured. The key is to obtain all of the medical records that help to document the seriousness of the medical condition before that date last insured. Sometimes these can be buttressed with statements from family members or close friends who were in a position to observe at close range how seriously the person’s medical condition was affecting her functioning prior to the date last insured. In the case above, a statement from the husband likely would be helpful.

     The Social Security Administration has another program for the medically disabled called Supplemental Security Income (SSI) where there is no date last insured rule, but there are other program requirements and limitations. In a future article, we will explore the differences between the Social Security Disability (SSD) and Supplemental Security Income (SSI) programs. 

Photo credit: Јerry / Foter.com / CC BY

Monday, September 2, 2013

Media Portrays Social Security as an Avenue to Benefits for the Unemployed - WRONG! It's Not That Simple...

The Social Security Administration turns down many worthy applicants when they first apply.
Photo credit: Thomas Hawk / Foter.com 
Today's post comes from guest author Susan C. Andrews, from Causey Law Firm.

There is a lot in the news these days about the Social Security Disability Program, with some pundits suggesting people are getting on benefits simply because they are unemployed, or because they claim to be injured or ill when in fact they are able-bodied and fully capable of working. Every day, all day, I work with people filing for Social Security Disability benefits. 

So I work with the program’s rules - yes, there are rules for deciding these cases – it is not enough just to claim to be disabled. And I come face to face with individuals who are struggling, sometimes with a major health issue such as cancer, or rheumatoid arthritis, or Multiple Sclerosis

Other folks have multiple health problems that have combined to force them from the labor market. All of them have medical records, often reams of them, documenting diagnoses, chronicling surgeries and other treatment regimens. This is one big thing I think the general public does not know: a person must have one or more diagnoses from a qualified physician that could account for the symptoms and limitations he or she is reporting to Social Security.