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Blog Directory ID: 3398

Blog URL: http://www.elderlawmissouri.com

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Blog Description: Information, news, resources, legal analysis, and more about elder law and related topics.

Blog Category: Law Blogs

Blog Owner: Julia Hargraves

Blog Added: July 10, 2008 02:41:39 AM

Audience Rating: General Audience

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Latest Blog Post from Missouri Elder Law Blog

Missouri Selected for Pilot Program Encouraging Electronic Health Information Exchange

Missouri is one of eight states selected for a federal initiative designed to encourage participation in electronic information exchange. The Health Information Security & Privacy collaberation Provider Education Toolkit, launched January 15, provides educational resources to healthcare providers who want to understand electronic healthcare information exchange, security, and privacy practices. The web-based toolkit can be found at www.Secure4Health.Org. It provides physician-to-physician advice, FAQs, and resource links. Check out mosecure4health.org/legal.html for a quick reference guide for legislators, policy makers, doctors, and lawyers on Missouri laws and regulations that impact digital health record privacy, and a comparison of Missouri laws to HIPAA regulations.

The goals of the toolkit are to
- Introduce physicians to the benefits of electronic health information exchange.
- Increase provider?s awareness of the privacy and security benefits and challenges of health information exchange;
- Motivate providers to learn more about the advantages of participating in electronic health information exchange
- Encourage the adoption of electronic health record technology so that the providers can connect to a regional health information exchange.

The website's traffic will be evaluated, and the information will be used to design a similar toolkit for the medical community nationwide. The pilot is running until March 2009. For more information, visit www.Secure4Health.org.

Nixon Picks Donnelly to Head Dept of Health and Senior Services

Governor Nixon picked former state representative Margaret Donnelly to run the Missouri Department of Health and Senior Services. Donnelly has a background in social work and law. The appointment is subject to Senate confirmation.

State Senator Proposes Tax Breaks to Medical Providers Who See Medicaid Patients

Missouri State Senator Jason Crowell has proposed legislation giving a tax incentive for doctors to provide care to Medicaid patients. The bill would allow doctors, nurses, and dentists to deduct Medicaid payments from taxable income. Crowell argues that the plan will incentivize doctor participation in programs for the uninsured that are available but not mandatory under Missouri HealthNet. For an article on this subject, click here.

SSA Changes Approach to Missouri Public School Retirement System

In October, the Social Security Administration (SSA) reinterpreted its approach to Missouri Public Schools? retirement systems. Since the 1960?s Missouri public schools have been operating under an agreement with the SSA that teachers, principals, supervisors, and those with teaching certificates are exempt from paying into Social Security if they are covered by the Missouri Public School Retirement System. In 1984, Missouri expanded the retirement system to cover all public school employees. The SSA did not object to this expansion until this October, when the SSA issued a reinterpretation of its approach, stating that only teachers, principals, and a few other employees are exempt from paying into Social Security.

The SSA?s decision may affect as many as 10,000 employees, including guidance counselors, administrators, bus drivers, and teachers? aides. Seeking compliance by July 1, 2009, the SSA may face a class action lawsuit if they refuse to change their position, according to Alan Thompson, general counsel for the Public School Retirement System. Senator Kit Bond sent a letter to the SSA last week to the Social Security Commissioner, seeking an explanation for the change and warning of the potentially ?dire hardship? on Missouri public school employees.

For the Associated Press article that was the source of this post, click here.

Southern District Court of Appeals Decision Regarding Nursing Home Arbitration Clauses

The Southern District Court of Appeals recently decided that arbitration agreements are not enforceable against non-parties to the agreement. In Sennett v. National Healthcare Corporation, the facts were that Edith Schmeets was admitted to a long-term, residential care facility in Joplin, Missouri in 2004. When admitted, her son, Mike Sennett signed an arbitration agreement, but his mother did not. There was no evidence that Mike was legally appointed as Edith's guardian.

In May 2006, Edith passed away. Almost a year later, Mike and Edith's other children filed suit against appellants for wrongful death, alleging: general negligence (count 1); negligence per se (count 2); breach of contract (count 3); breach of fiduciary duty (count 4); aggravating circumstances (count 5); and lost chance of survival (count 6). Appellants responded with a motion to compel arbitration. The trial court held Mike could not be bound by the arbitration agreement, reasoning that Mike was not the legal representative of Edith and therefore could not be bound by the arbitration agreement. The Southern District Court of Appeals affirmed.