Doctors, Hospitals in Okla. Could Face Sweeping Legal Changes from Reform

By Davis, KirLee | THE JOURNAL RECORD, November 3, 2011 | Go to article overview

Doctors, Hospitals in Okla. Could Face Sweeping Legal Changes from Reform


Davis, KirLee, THE JOURNAL RECORD


Doctors and hospitals could face dramatic changes in the way they handle affirmative action rules, patient privacy guidelines and managed care contracts, a GableGotwals attorney warned during the Oklahoma Bar Association's 107th annual meeting.

David B. McKinney discussed those concerns plus a number of other potential disruptive changes affecting the health care industry during a report at the Hyatt Regency Hotel in downtown Tulsa.

"The one that really got my attention is the Sorrel case," he said, referring to a lawsuit that developed from Vermont, Sorrel v. IMS Health Inc. "This is a United States Supreme Court case authored by Justice (Anthony) Kennedy, who I think correctly fancies himself as the court's premier expert on the First Amendment."

McKinney, who prepared a paper for the OBA with Jordon B. Edwards to provide further details, said the case evolved from a Vermont statute stopping drugstores from selling data on how doctors prescribe drugs to their customers.

"Vermont didn't want the drug companies going in and saying, 'Dr. Edwards, why aren't you prescribing Ambien? Why are you prescribing this low-cost sleep aid instead of our high cost Ambien?'" McKinney said.

But while the Supreme Court noted significant state interests in stopping such sales - such as preserving medical privacy or physician confidentiality, or basic public health improvement and potential cost containment - McKinney said the court sided on concerns over information discrimination.

"It held that since there were exceptions to the rule for research, giving the information away and certain other activities, this was a content-based discrimination against those who wanted to sell the doctors' information for a profit and that was a violation of free speech," he said. "They said there are some rights of the government to regulate commercial speech, but they have to be nondiscriminatory about it."

That drew McKinney's concerns over the carefully crafted personal health information rules found in the Health Insurance Care Portability and Accountability Act. The court referred to the act, McKinney said, but did not say HIPAA passes muster.

"I do not think that HIPAA, in its current form, can pass constitutional scrutiny under the Sorrel case," McKinney said. "The reason I'm spending so much time on Sorrel is that I think it's a watershed moment in free speech jurisprudence and it applies in many other respects. If there is a discrimination between the nonprofit and for-profit use of information, that discrimination may very well be unconstitutional."

McKinney pointed to one point in particular.

"HIPAA says that a hospital cannot sell personal health information or use personal health information for most marketing purposes," he said. "I think that one just goes away. But we'll see."

On affirmative action, McKinney pointed to a number of recent developments involving the Office of Federal Contract Compliance Programs.

"The OFCCP is the federal agency that makes sure that government contractors don't discriminate on the base of race and a bunch of other reasons," he said. …

The rest of this article is only available to active members of Questia

Sign up now for a free, 1-day trial and receive full access to:

  • Questia's entire collection
  • Automatic bibliography creation
  • More helpful research tools like notes, citations, and highlights
  • A full archive of books and articles related to this one
  • Ad-free environment

Already a member? Log in now.

Notes for this article

Add a new note
If you are trying to select text to create highlights or citations, remember that you must now click or tap on the first word, and then click or tap on the last word.
One moment ...
Default project is now your active project.
Project items

Items saved from this article

This article has been saved
Highlights (0)
Some of your highlights are legacy items.

Highlights saved before July 30, 2012 will not be displayed on their respective source pages.

You can easily re-create the highlights by opening the book page or article, selecting the text, and clicking “Highlight.”

Citations (0)
Some of your citations are legacy items.

Any citation created before July 30, 2012 will labeled as a “Cited page.” New citations will be saved as cited passages, pages or articles.

We also added the ability to view new citations from your projects or the book or article where you created them.

Notes (0)
Bookmarks (0)

You have no saved items from this article

Project items include:
  • Saved book/article
  • Highlights
  • Quotes/citations
  • Notes
  • Bookmarks
Notes
Cite this article

Cited article

Style
Citations are available only to our active members.
Sign up now to cite pages or passages in MLA, APA and Chicago citation styles.

(Einhorn, 1992, p. 25)

(Einhorn 25)

1

1. Lois J. Einhorn, Abraham Lincoln, the Orator: Penetrating the Lincoln Legend (Westport, CT: Greenwood Press, 1992), 25, http://www.questia.com/read/27419298.

Cited article

Doctors, Hospitals in Okla. Could Face Sweeping Legal Changes from Reform
Settings

Settings

Typeface
Text size Smaller Larger Reset View mode
Search within

Search within this article

Look up

Look up a word

  • Dictionary
  • Thesaurus
Please submit a word or phrase above.
Print this page

Print this page

Why can't I print more than one page at a time?

Help
Full screen

matching results for page

    Questia reader help

    How to highlight and cite specific passages

    1. Click or tap the first word you want to select.
    2. Click or tap the last word you want to select, and you’ll see everything in between get selected.
    3. You’ll then get a menu of options like creating a highlight or a citation from that passage of text.

    OK, got it!

    Cited passage

    Style
    Citations are available only to our active members.
    Sign up now to cite pages or passages in MLA, APA and Chicago citation styles.

    "Portraying himself as an honest, ordinary person helped Lincoln identify with his audiences." (Einhorn, 1992, p. 25).

    "Portraying himself as an honest, ordinary person helped Lincoln identify with his audiences." (Einhorn 25)

    "Portraying himself as an honest, ordinary person helped Lincoln identify with his audiences."1

    1. Lois J. Einhorn, Abraham Lincoln, the Orator: Penetrating the Lincoln Legend (Westport, CT: Greenwood Press, 1992), 25, http://www.questia.com/read/27419298.

    Cited passage

    Thanks for trying Questia!

    Please continue trying out our research tools, but please note, full functionality is available only to our active members.

    Your work will be lost once you leave this Web page.

    For full access in an ad-free environment, sign up now for a FREE, 1-day trial.

    Already a member? Log in now.