SecTion SpoTLiGhT

Health law section: Pandemic-era Programming

By KimBerLy A. CHojnACKi

As it has for most of us, 2020 has presented unique the program was driven by the unique challenges the pandemic challenges and opportunities for the Health Law has presented regarding HIPAA, patient care, and privacy. Section. The section typically is a space for health Telemedicine is another area the pandemic has transformed. law practitioners to network, share resources, and Telemedicine is not a new resource for practitioners or patients. support each other’s practices. This year, however, In fact, it has been around for decades. However, the pandemic the section is faced with a changing health law landscape with has pushed forward—in earnest—the reliance on telemedicine limited (if any) opportunity to for patients who don’t necescome together for in-person sarily need in-person examiprogramming or meetings. Yet nation by a physician for dithat hasn’t stopped them from agnosis and treatment. The taking the lead in this par- Health Law Section will be ticularly health-focused bar devoting an entire program year to provide the resources to this topic as more seek to we all need to assist our cli- understand the nuanced legal ents and, in some instances, challenges it presents, such as ourselves as we navigate this prescription authority and repandemic. imbursement rules.

COVID-19 has required The balance of the section’s shifts in a number of health programming this year will law areas because it has pre- focus on the “nuts and bolts” sented previously unseen and, of health law in the age of a in fact, unimagined scenarios pandemic. Presentations will that healthcare providers have include investigations and had to navigate on the spot. “One thing[, for example,] that is compliance; the intersection of legal and compliance from the getting heightened focus is that there are some things HIPAA perspective of a compliance and ethics officer; IT, healthcare, doesn’t cover that patients believe it should cover. They think and privacy; and a year in review, all through the lens of COthere is an expectation of privacy around certain information VID-19. and really the law doesn’t require that sort of privacy,” says Sara Tucked in between their programs will be the section’s annual Brinkmann, the chair-elect of the Health Law Section. “The happy hour, currently set for October 22. As with most things issue isn’t what you’re required to do to cover yourself under this year, it is subject to change based on COVID-related develHIPAA, but also what is the best practice to ensure patients feel opments. comfortable in how their data is handled.” If you are interested in becoming a member of the Health Law

These types of twists on previously well-known health law Section, or for more information about the programs planned topics are the focus of the Health Law Section’s programming this year, please visit hba.org/healthlaw. this bar year. At the end of August, for example, the section hosted “Updated Federal Guidance on HIPAA Compliance Issues in Kimberly A. Chojnacki is an associate editor of The Houston providing COVID-19 Treatment,” a discussion with Hanly P. Lawyer. She also is a litigation associate at Baker Donelson in HousFunderburk, an investigator with the U.S. Department of Health ton. She represents corporate clients in eminent domain proceedings, and Human Services, Office for Civil Rights. As its title suggests, complex commercial litigation, and insurance defense disputes.