Health Law Section of the Florida Bar

The meeting of the Executive Council of The Florida Bar Health Law Section was called to order by Jeanne E. Helton at the Orlando World Center Marriott Resort in Orlando at 4:15 p.m. Council members and officers present in person were Jeanne Helton, Troy Kishbaugh, Cynthia Mikos, Lester Perling, Rodney Johnson, Lew Fishman, Monica Rodriguez, Charmaine Chiu, Sandra Greenblatt, Bill Dillon, George F. Indest, III, and Laurie Levin, who attended by telephone. Other Section members present were John Buchanan, Clifford Lober, Christine Whitney, Richard Bodderson, J. Guerrero, Mike Bittman, Allen Grossman, Greg Chaires, Harold Kaplan, Chet Barclay, Nicholas Romanello, Stephanie Russo, Nathaniel Lacktman, Steve Grigas, Mark Thomas, and Bruce Lamb. Also attending was Carl Schwait from the Eighth Judicial Circuit and Christina Sykes, Program Administrator.

Ms. Helton welcomed the attendees and acknowledged Laurie Levin’s presence by telephone. Jeanne thanked Al Robinson from Navigant which has sponsored our receptions for its ongoing support of the Section and presented him with a gift card as a small token of the Section’s gratitude.

The January 15, 2009 Section minutes were approved without corrections. A motion to accept the minutes was made by Rodney Johnson and seconded by Christine Whitney.

Lester reviewed the financial reports. Revenue was behind for two reasons, 1) handbook not yet selling, and, 2) bar investment losses allocated to us. Good news is expenses are down as well. One item over budget is speaker expense. Fund balance increased to $100,027.

Troy Kishbaugh attended the Council of Sections meeting. Allen Grossman is its current chair. Top issues facing The Florida Bar were identified as 1) court revenue down leading to reduction of court services and increased reliance on technology; 2) communication with the public, 3) protecting the public in tough economic times; 4) helping members hurt by economic downturn with technological practice management assistance. The Bar is reviewing its mission statement. The Bar’s Strategic Planning Committee is looking for section involvement. The Council of Sections passed a bylaw combining the secretary and treasurer’s office. For more information about the Council of Sections, communicate with Troy or Allen.

The members welcomed the Bar’s Board of Governors’ liaison, Carl Schwait from the Eighth Judicial Circuit. He invited the Health Law Section to send a representative to the Board of Governors to report on section activities. He sees health issues as increasing in importance over the upcoming year.

Monica Rodriguez presented the recommendations of the nominating committee. Nineteen people have indicated an interest in serving on the Sections Executive Council. Those who were not nominated were given information about serving in other capacities. The committee recommended Bernabe Icaza as Secretary and Charmaine Chiu, Lew Fishman, Nick Romanello, Jennifer Smith and Jay Wolfson to serve as Council members. The Committee’s recommendations were unanimously approved. Thanks to Monica Rodriguez, Michael Bittman, Allen Grossman, Rodney Johnson and Harold Kaplan for serving on the committee.

Thanks to Lester Perling for co-chairing the Representing the Physician program in January. Lester asked whether we would sponsor it again. Charmaine Chiu moved that we do so, George Indest seconded. The last mid-year meeting will be held in Jan 2010 in Orlando rather than Miami so the seminar will be in a new location next year. Thanks also were given to Sandy Greenblatt and Chet Barclay for co-chairing the Health Law Certification review course. A certificate of appreciation with a gift card as a small token of our appreciation was given to Sandy Greenblatt for her years of service as the chair of the certification course review committee. The pending CE program with multiple guest speakers was received.

Lew Fishman reached out to University of Miami law school. Sandy Greenblatt had lunch with a professor at the University of Miami law school as well. The school requested a seminar for students on the topic of health law. Monica Rodriquez, Lester Perling, Lew Fishman and Sandy Greenblatt are willing to speak to them. Chet Barclay is serving as liaison between FSU College of Law and the Health Law Section. He would like to increase communication between the section and FSU law school. We were reminded that the Section will reimburse for lunches at the schools. Idea: to invite FAMU and Barry to January meeting to meet with section in Orlando. Jeanne will email the list of people who volunteered to liaison with each law school.

The website is operating well. Items sent are generally posted on the same day sent. The latest newsletter was posted online. Some items were out of order, but will be revised. Only items which are sent to Chet Barclay are posted. Thus, minutes and agendas have not been posted and the Section Program Administrator agreed to automatically send them to Chet.

A new journal named the Florida Health Care Lawyer is moving long. The initial editorial board is Barbara Del Castillo, Walter Carfora, Charmaine Chiu, Richard Jacobs and Jeanne Helton, with Chet Barclay as Editor in Chief. Its first issue is to be published in November, 2009. Articles from six individuals who volunteered to write were due July 1, 2009. Students at FSU law school will help. The Journal will be sent to all members of Health Law Section, law school libraries, etc. Subscription anticipated being $40 annually and $20 per issue with a goal of semi-annual publications. The next deadline is December 1, 2009. Chet anticipates the project will come in at budget.

Tom Clark, the new editor of the newsletter was unavailable but Harold reported in his place. The spring issue is ready to go and should be out momentarily. The newsletter is being published twice a year.

Bill Dillon reported on changes in privacy law with the new federal economic stimulus package and the recent Florida legislative session. Red flag rules are becoming effective as well as changes to business associate agreements making business associates liable for breach. Also, security breach notifications must be delivered by first class mail unless with permission to send by email. This could be a possible CE topic.

Bill Dillon spoke at the last bi-monthly public health committee conference call on changes to confidentiality laws in Florida. Lucy Schneider, Esq. of the Department of Health reported about public health changes related to public to swimming pools. Howard Kaufman, MD., JD, MPH professor at University of Miami medical school spoke about immunization and autism. Suggestions were made to use bi-monthly conference call to earn CLE or CME with possible cost to be approved for CLE and to seek sponsors for the calls. The DOH is providing conference call lines. Rodney will coordinate with Charmaine Chiu re possible CLE approval.

Steve Grigas provided a PowerPoint handout of several health law bills that passed. SB-1122 was an assignment of benefits bill which permits assignment to non contracted providers. There were concerns regarding undermining preferred provider networks. OPPAGA is to study it for the next two years. SB-1986 contains lots of changes for home health agencies; eliminates optional enforcement; felony in background a big issue for those with Medicaid application, professional licenses, etc.; redefined CHOWs – new definition tagged to an event but it is unclear what constitutes an event. In SB-1658, Provider Service Networks pushed out the deadline for capitation. SB-162 -- Electronic Health Records – provides a universal authorization form. HB-285 covers low income pool for Medicaid waiver programs and recomposed a council to decide how money will be divided among hospitals. Lobbyists have been removed from the council which will now be chaired by AHCA. SB-462 – The Board of Medicine will define and regulate pain clinics. A possible teleconference CE on SB-1986 was discussed and potential speakers identified were Bruce Lamb and Jack Fernandez.

a. The new health law handbook is done and will be published in two weeks. Thirty-five orders are currently pending, 12 from Georgia. The two-volume set is priced at $150.00.

d. The Section will suspend action on developing a policy for sponsorship until the issue arises.

e. The hardship waiver for CLE did not pass and thus is not a problem for our Section.

f. Nate Lacktman served as the Section’s representative to the Florida Institute of CPAs and Accountants’ (FICA) introductory meeting. The Institute is a crossover between lawyers and accountants looking for ideas. The Institutes is a subset of the Business Law Section. CPAs want to be involved in proposed legislation reviewed by the Bar. Nate will keep the Section posted on developments.

a. The Health Law Section will meet only twice yearly instead of three times per year – in either October or November in the fall and in June, starting in 2011.

b. Section members asked whether the Section be interested in helping returning veterans. The decision was to have the interested people coordinate with the Military Committee at the Bar

c. The Section welcomed its new Program Administrator, Christina Sykes. Christina has worked for The Florida Bar for 10 years but is new to section work.

d. The Section presented gift cards to Valerie Yarbrough, Bernabe Icaza, and John Buchanan for their support of the Section.

e. Section members thanked Jeanne Helton for her leadership as Section Chair. Jeanne passed the gavel to Troy Kishbaugh, incoming Chair.

a. Troy expressed his gratitude to the Section for his election and presented Chris Rolle Medal of Honor award to Jeanne Helton thanking her for her service to the Section.

b. The next Section meeting will be on September 10, 2009 at the Tampa Airport Marriott.

Minutes of June 25, 2009, Executive Council meeting