On this Veterans Day I give thanks to all military veterans who have served their county. Please take time today at the 11th hour of the 11th day of the 11th month to thank a family member, friend or colleague who served their county.

Thanks to my sister Becky who submitted information to the National WWII Memorial to honor my dad, LeMoyne Coffield, and his brother and my uncle, Terrell Coffield. They are my heroes in so many ways. The photo to the right is my dad and his honoree entry reads:

ACTIVITY DURING WWII
INDUCTED INTO THE U.S. ARMY ON DECEMBER 18, 1942, PROCESSED AT FORT HAYES, COLUMBUS, OHIO AND REPORTED FOR DUTY AT WEST VIRGINIA UNIVERSITY ON DECEMBER 21, 1943. HE WAS LATER TRANSFERRED TO THE MEDICAL COLLEGE OF VIRGINIA TO COMPLETE HIS MEDICAL TRAINING. HE WAS IN THE ARMY SPECIALIZED TRAINING PROGRAM (ASTP) WHICH TRAINED PHYSICIANS FOR MILITARY SERVICE. A PRIVATE FIRST CLASS DURING THE WAR, HE WAS HONORABLY DISCHARGED ON MARCH 23, 1946.

You can search the WWII registry or register an honoree here.

Go to Source

Google Flu Trends uses search terms as an indicator of flu activity by state.

According to the Google.org Flu Trends the aggregated search data can estimate flu activity in a state up to two weeks faster than traditional systems. The chart comparison with CDC data is impressive at showing the consistency between tracking search terms vs. using influenza surveillance data. Read about how it works and the FAQs.

Go to Source

Tim Sturgill, MD JD at symtym provides an explanation and insight into the potential shift from silo’ed EHRs controlled by multiple providers to a Health Cloud centralized around a single PHR.

The result of such a shift lessens the need for complex health information exchanges to process and communicate information among a variety of health information silos, matching patient records and trying to match multiple sources of health information that may or may not be identical.

This approach is similar to the discussion and perspective I outlined in a recent article on PHRs for Health Lawyer News.

Graphic image courtesy of Tim’s post.

Go to Source

Yesterday, I listened to brief media reports about DHL’s layoffs of up to 9,500 people in their US operations in advance of the holiday season.  I also listened to much, much more media coverage of the White House visits.  I expected that – not surprising in light of our wonderful, national celebration of the election results and our shared hope for change – real change.

In particular, I listened yesterday for any news about what two leaders of this nation – my current President and my future President talked about in that hour together.  The economy and the international scene were their topics for discussion, I learned.  But what I really hoped to hear in this season of hope and this season of change was more direct and more substantial – from both men.

Nearly 10,000 Americans – many in that “battleground”  Ohio we loved so just one week ago – will lose their jobs in the DHL layoff alone, and do either of these fellows actually know how that will play out in the glorious season for those good and decent citizens they are elected to serve?

I can tell you that it hurts to lose one’s job during the holidays in ways unspoken.  It isn’t just the smaller celebrations or the scaled-back expectations.  It is the incredible disconnect somewhere in-between peace on earth and goodwill to men and the overdue gas bill, the unpaid mortgage, the late credit card payment and the impending loss of health benefits.  It just flat hurts.  And it hurts the nation too.

So, did I hear some swift and concrete plans yesterday to help those losing their jobs during this exciting time and the hundreds of thousands more that will lose their jobs in the immediate post-holiday season?  No, I did not.  Did I hear anyone say that we’d take action – let’s say in this same Congress that just a month ago was so worried about the Wall Street collapse that they acted with lightning speed to commit my funds and your funds and my children’s funds and my grandchildren’s future funds to bailing out the big boys?  No, I did not.  I heard lots of squishy talk about how damned concerned they all are about the economy.  Really?

I have a thought.  How about making sure these families – these hard-working, good Americans – losing their jobs in this downturn and who qualify for unemployment benefits also know that the instant they are approved for those benefits they will also be eligible for Medicare coverage?  Emergency healthcare benefits along with the small weekly unemployment checks might keep some families afloat through the months ahead rather than forcing them to either pay huge COBRA benefits (often $1,000/month or more for a family) or go bare for medical coverage.  Why not start now to really put our money into shoring up some people who through no fault of their own are being raped by this downturn so fueled by the powerful who didn’t care one lick about “Main Street?” 

An emergency aid package for average Americans put forward and passed as quickly as the bail-out was would send a really strong message – and it should be done now and by both parties’ leadership.

That’s what I wanted to hear come out of the past few days and certainly from the White House yesterday.  But I suspect those kinds of chats will plod along with no real urgency while families suffer through job and income loss, then benefit loss, then home losses and ultimately down the financial tubes to bankruptcy waiting for the polite politicians and the powerful pundits to take any real notice.  The pain is unfolding and will accelerate – on Main Street – because those on Pennsylvania and Congressional Avenues don’t really get it, or worse, don’t really care to get it.

Some family values, folks.  Some peace on earth, sisters and brothers.  I hope someone on the transition team and someone on the current team take note and show some leadership now – let’s not wait until January 20.  Let’s be humane and smart now.  Helping America’s families and hard-workers is good for us all and what a wonderful message it would send.

I am sitting in the Capital Hilton writing this.  That, in itself, is more than I could have hoped for or dreamed of just one year ago.  You see, I am one of those failed American dreams.  I am one of those dirty, awful Americans who went bankrupt.  And I don’t care what reason – medical crisis or other unearned calamity – I may have suffered, we still have a bias and distrust of those individuals among us who cross that legal and financial line.  But I am blessed to have a wonderful job now working for a wonderful organization that does get it.  But I remember.  Oh God, how I remember.  And I will work twice as hard and twice as long for the rest of my life to try to undo the image of me as a failure.

I don’t want the horror I remember to be what we do to this newest batch of American economic refugees.  I’d like to see us do what is right, what is just and what lifts us all.  The big boys – and a few big girls – can still celebrate and ponder the power and bask in the moment in history.  Helping those on the brink will not burden or injure those lining up for their place in power.  In fact, I expect it would make the view from the mountaintop a bit more sweet.

Go to Source

Draft L.E.O. 2009-01 What Is Metadata and Why Should Lawyers Be Cautious?
The definition of metadata used in the draft LEO is broad to include all “data behind the data” including the “author’s identity, the number of revisions made and comments and redlining.” Citing Rule 1.1 and 1.6, N.Y. State Bar Association Committee Op. 782 and D.C. Bar Op. 341, the proposed LEO places a duty on a lawyer to take reasonable steps to protect metadata in transmitted documents. Citing Rule 8.4(C) and N.Y. State Bar Association Committee Op. 749, the proposed LEO also places a duty on the lawyer receiving inadvertently provided metadata to consult with the sender and abide by the sender’s instructions before reviewing such metadata.

Draft L.E.O. 2009-02 Wholly-Owned Subsidiary Law Firms.
The draft opinion allows a law firm to form a wholly-owned subsidiary law firm while cautioning lawyers that, in order not to deceive clients and the public, full disclosure of the relationship between the two firms is essential.

Go to Source

Check out these fast facts and take a big step toward getting the coverage you need!

• In some states, insurers offer specialized mobile home insurance. (Residents of other states insure their homes with a basic homeowners policy.) Contact your state department of insurance to see if mobile home insurance is available in your area.
• Mobile home insurance protects against losses from physical damage and personal liability. Physical damage coverage pays for (accidental) damage to your home, belongings, or nearby or attached structures. Personal liability coverage kicks in when someone files a claim and/or lawsuit against you after being injured on your property.
• Mobile home insurance, like all types of homeowners policies, does not cover flood damage. If you live in a flood zone, contact the National Flood Insurance Program to obtain protection against water damage from flooding.
• Lastly, a word of caution: Cheap insurance now could end up costing you a fortune later; be sure to get adequate coverage for your home and belongings!

Now that you’ve got some good information, get a free quote!

Go to Source

The WSJ Health Blogs reports about a potential data breach at Express Scripts, one of the largest pharmacy benefit management companies in North America. More from Express Scripts on the Facts, FAQs and Other Resources.

The potential data breach came to Express Scripts attention after having received an anonymous letter attempting to extort money from the company by threatening the expose millions of patient records. The threat letter included personal information on 75 members, including names, dates of birth, social security numbers and prescription information.

The article also mentions a similar extortion related data breach which occurred in March 2006 and involved Medical Excess LLC, a subsidiary of AIG. In that case the FBI investigated and arrested an individual who stole a computer server containing personal health information of more than 900,000 individuals. The individual tried to extort AIG for $208,000 after threatening to release the information on the Internet.

According to the FBI Press Release, the individual involved was the first person to be charged under the new federal criminal statute, Title 18 U.S.C. 1030(a)(7)(B) and (C). The new federal criminal statute makes it a federal crime to commit extortion relating to unauthorized access of, or damage to, a protected computer system and/or to impair the confidentiality of information obtained from a protected computer.

To learn more read Express Scripts’ press release and related support site.

Go to Source

With the economy in the tank and a new president in control, we have to wonder where our country is headed from here. Now that campaigning is over and things are starting to settle down, it’s up to our new leader and his administration to set the course for the next few years.

Most of the decisions made that affect our everyday lives are now largely beyond our control. Yes, being involved in issues we’re passionate about at the state and local levels helps. We can each make a difference where we live and work. But after speaking our minds and voting our consciences over the past few days, the rest is largely out of our hands—and in the hands of those we’ve chosen to lead.

After watching gas prices soar to nearly four dollars a gallon nationwide (and higher in some areas), I have to say it’s encouraging to see a slow and steady price drop continuing after November 4. How long that will continue, none of us can say. The cost of filling up our gas tanks, heating our homes, putting food on the table and shouldering heavy mortgages—or losing our homes to foreclosure—are burdens we all share and have very little control over.

For many Americans, another major issue is insurance. Those who can get insured through an employer, professional organization or other means have healthcare within their control—and an avenue to get there. But for many others forced to purchase health, home, car or life insurance on their own, finding the cheapest insurance may seem difficult, if not downright impossible.

Regardless of the direction our nation takes, most people can still find cheap insurance coverage if they know how to go about it. By figuring out the type of coverage needed; understanding what factors affect rates—and what to do about them—and formulating a plan for getting the lowest premiums, individuals and families can still get insured affordably today, no matter where our leadership stands on the issue.

If you’re shopping for insurance and you think you’ll never find a plan with affordable rates to protect yourself and your family, don’t worry—there’s hope! Read this handy resource for getting great coverage and affordable rates all wrapped up into one—and take control wherever you can.

Go to Source

Today on Daily Kos,  a diarist  reminded us that  on Tuesday, the people of Massachusetts,  voted against Romneycare and overwhelmingly for single-payer. It would be a tragedy, if Romneycare became the law of the land.  We have waited far too long for what would amount to a huge gift to the insurance industry and nothing for the American people.

And though the  New York Times  thinks that the deep recession will force President Obama to curtail healthcare reform, many believe we have a once in a generation opportunity to extend affordable and guaranteed healthcare to every single citizen in the United States. This is the change the American people voted for.

Here's where we would be headed if President-elect Obama invited me to join his healthcare transition team. Keep in mind, these are all common sense (non radical or, heaven forbid, socialist) changes.

1. President Obama would sign an executive order freezing or even better rolling back the healthcare extortion premium many of us pay. To what level?  I'm not sure, but a significant price reduction. I know, ain't happening, but it should.  My Congressman pays less than half of what you and I pay.

2. An additional executive order would prohibit insurance companies from discriminating against sick people. It would make community rating and guaranteed issue the law in all fifty states. It would prohibit insurance company cherry picking (insuring only the young and healthy), underwriting and all pre-exisiting condition exclusions.

3. Another executive order would prohibit the crime of retroactive recission which the insurance industry pursues with abandon in the state of California. It would make the practice of retroactive recission a crime punishable with significant time in jail.

4. Insurers would be prohibited from second-guessing doctors. If a doctor orders a test, medication, surgical procedure, the insurer cannot overrule this–ever.

5. Medicare Advantage which is nothing more than a taxpayer giveaway to the insurance industry, is thrown in the garbage can.

6. Within the first 100 days, President Obama would send Congress real prescription drug coverage for senior citizens, our most vulnerable. Congress would immediately kill Medicare D and replace it with authentic drug coverage with no doughnut holes.The legislation would require Medicare to negotiate for the lowest prices with the pharmaceutical industry.

7. Another executive order would prohibit Congresspeople from ever working for K Street or any industry they have supervised as a member of Congress.

8.On his first day in office he eliminates the taxpayer subsidies for all Congressmembers and Senators on their FEHBP health benefits. This would mean, they'd just be paying the same rates extortion as the American people.

9. Affordable and guaranteed dental care would become an integral and non-negotiable part of the ultimate health reform package.

10. Doctors should be paid what they're worth, which is a hell of a lot more than the .20 cents on the dollar most insurers reimburse.

11. If doctors must accept such woefully inadequate reimbursement, then medical school should be free or heavily subsidized.

12. Caps on the salaries of health insurance industry executives, and a  swift  immediate phase out of the for-profit insurance industry as the country replaces the dangerous, failed and corrupt for-profit model with single payer.

13. President Obama would use the bully pulpit and his enormous popularity to champion HR 676 and single payer healthcare. He will use his huge mandate to explain to the American people that single payer is a simple and elegant solution–private delivery of healthcare, paid for by a single government entity.

14. Another executive order making illegal the practice of charging women more than men for the identical health insurance policy.

15. And probably most important, single payer advocates would have as many seats at the negotiating table as all the AHIP stakeholders.

And 1-15 is just for starters.

How's this for lukewarm congratulations?

This was all the enthusiasm the monsters lobbyists at AHIP could muster.

AHIP Congratulates President-Elect Barack Obama
   
Washington, DC – Karen Ignagni, President and CEO of America’s Health Insurance Plans (AHIP), today issued the following statement congratulating President-elect Barack Obama:

“We congratulate President-elect Barack Obama for his historic victory last night.  Now is the time for health care reform, and we look forward to working with the Obama administration and the new Congress to develop workable solutions to the health care challenges facing the nation.  We support coverage for all Americans, coverage they can afford, and coverage they can keep.  We will work collaboratively with other stakeholders to achieve these objectives."

Change is coming–and they know it.

Go to Source

Today is a new day. Andre Blackman shared the image below (courtesy of Patrick Moberg) with me this via Twitter. The image speaks volumes about the significance of yesterday. Congratulations to President Elect Barack Obama.

Although West Virginia stayed in the red yesterday there was great support by West Virginians although not always reported that way by the national media. This morning I shared with friends some links to history about a West Virginia lawyer, J.R. Clifford, as a way to reflect on the significance of Obama’s win.

Mr. Clifford (wikipedia entry) paved the way in 1898 as a result of his legal work on his most famous case, Williams v. Board of Education Tucker County. The case was the first in U.S. history to hold that discrimination in school terms and teacher pay is against the law. The case occurred 50 years before the landmark Brown v. Board of Education. In 1896, two years prior, Mr. Clifford brought the first legal challenge of the state’s segregated school system to the court which he ultimately lost and was not overturned until Brown v. Board of Education. For more on Mr. Clifford check out the J.R. Clifford Project (www.jrclifford.org).

As a fellow West Virginian and lawyer I’m proud of Mr. Clifford and his willingness to create change and look forward to supporting President Elect Obama’s efforts to create positive change for the United States at home and around the globe.

Go to Source