Nashville Bar Journal | November 2014

Nashville Bar Journal

November 2014 - VOL 14, NO. 10

NBA BOARD OF DIRECTORS NOMINEES Welcoming New Americans – Taking a Pro Bono Naturalization Case Rose Hernandez

CAN I BE DETAINED FOR BEING ILL? Governmental Restrictions on Individual Liberties to Control Communicable Diseases Jerry W. Taylor

AnnualMeet

Nashville Bar Association

Annual Meeting & Banquet BUILDING ON 50 YEARS OF SERVICE TO THE LEGAL COMMUNITY.

December 4, 2014 Wildhorse Saloon

The NBA Annual Meeting and Banquet will take place on Thursday, December 4, 2014 at Wildhorse Saloon.

As in past years, a reception for the general membership is set to begin at 5:30 p.m., with dinner and the program to begin at 7 p.m. The passing of the gavel from President Charles Grant, to President-Elect Ed Lanquist, introduction of the NBA officers for 2015, and Award presentations are just a few of the events on the agenda for the evening.

The aba retirement funds program (“the Program”) is proud to celebrate its 50th year of providing comprehensive and affordable

RSVP @ www.nashvillebar.org

retirement plans exclusively to the legal community. Your membership has made the Program a success.

Thank You. Find out what thousands of Program member firms already know about saving for retirement.

Call an ABA Retirement Funds Program Regional Representative today at (866) 812-1510. www.abaretirement.com joinus@abaretirement.com

PRE-ORDER YOUR 2015 NBA DIRECTORY ON YOUR DUES FORM OR ONLINE TODAY @ WWW.NASHVILLEBAR.ORG

Cornelius & Collins, LLP 511 Union St, Ste 1500 Nashville, TN 37219 ph: 615-244-1440 fx: 615-254-3060 The Program is available through the Nashville Bar Association as a member benefit. This communication shall not constitute an offer to sell or the solicitation of an offer to buy, or a request of the recipient to indicate an interest in, and is not a recommendation of any security.

Securities offered through Voya Financial Partners, LLC (Member SIPC).

The ABA Retirement Funds Program and Voya Financial Partners, LLC, are separate, unaffiliated companies and are not responsible for one another’s products and services.

CN0311-8581-0415

www.corneliuscollins.com

RULE 31 LISTED GENERAL CIVIL MEDIATORS

Bryan Williams bkwilliams@cornelius-collins.com

Broad experience in state and federal civil litigation and alternate dispute resolution

Call/e-mail for available dates. Available statewide.

Dan Berexa dpberexa@cornelius-collins.com

Articles 6 Here They Come?

No, Meaningful Use Audits Are

Departments 2 4

Already Here

8

Michaela D. Poizner

NBA BOARD OF DIRECTORS NOMINEES

New Americans 14 Welcoming – Taking a Pro Bono Naturalization Case Rose Hernandez

18 CAN I BE DETAINED FOR BEING ILL? Governmental Restrictions on Individual

Liberties to Control Communicable Diseases

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Communique • NBA Memorial Service • Annual Meeting & Banquet • Toiletry Drive • NSL Library • Golden Oldie Reveal • Upcoming Events

CONTINUING LEGAL EDUCATION CENTER SECTION

22

Jerry W. Taylor

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Columns

From the President

Disclosure - Announcements • Kudos • People on the Move • Firm News • In Memory Classified Listings

Golden Oldie

Gadget of the Month

Bill Ramsey, Neal & Harwell, PLC Phillip Hampton, LogicForce Consulting

Identify the individuals in the photo. Be the first to email the correct answer to nikki.gray@ nashvillebar.org and your name (along with your correct entry) will appear in next month’s issue.

NBA Calendar of Events NOVEMBER 11- 11:30 AM LAW Committee Meeting

NOVEMBER 12- 12 PM Community Relations Committee Meeting NOVEMBER 17- 11:30 AM Probate Committee Meeting NOVEMBER 18- 11:30 AM CLE Committee Meeting NOVEMBER 18- 12 PM Ethics Committee Meeting

NOVEMBER 18 NBA Swearing-In @ AA Birch Building Sponsored by First Tennessee Bank

DECEMBER 4

NBA Annual Meeting & Banquet

NOVEMBER 19, 2014 - 4:30-6 PM Happy Hour hosted

by Bone McAllester Norton NOVEMBER 20 NBA Fall Memorial Service @ Downtown Presbyterian Church NOVEMBER 27-28 NBA CLOSED FOR THANKSGIVING HOLIDAY

Committee Meetings are held at the NBA Offices unless otherwise noted l o= Special Event l Full Calendar online at www.nashvillebar.org

' A Monthly Publication of the Nashville Bar Association

Charles K. Grant, Publisher William T. Ramsey, Editor-in-Chief ramseywt@nealharwell.com

Eleanor Wetzel, Managing Editor eleanorwetzel@jis.nashville.org

From the President

Support Nashville's Effort For Long Overdue Federal Court; Farewell Remarks by:

Charles K. Grant

Journal Staff:

Nikki Gray, Director of Communications nikki.gray@nashvillebar.org

Tina Ashford, Communications Coordinator tina.ashford@nashvillebar.org

Editorial Committee: Kelly L. Frey Kathleen Pohlid Tim Ishii Tracy Kane Everette Parrish Bill Ramsey Rita Roberts-Turner Eleanor Wetzel David Winters Victoria Webb

Nashville Bar Association Staff Gigi Woodruff Executive Director ----------Tina R. Ashford Communications Coordinator Susan W. Blair Director, Continuing Legal Education Shirley Clay Finance Coordinator

In September 2014, the Judicial Conference of the United States reaffirmed Nashville as the Federal Judiciary's number-one priority for FY2016. If built, the new U.S. District Court for the Middle District of Tennessee would cost $181.5 million. To date, $25.1 million has been spent on land acquisition and design, with a project announced in 2002 for a site at Church Street and Eighth Avenue, next door to the Nashville Public Library. Initial designs call for a seven-story, 347,000 square-foot building. The site has been acquired and is shovel ready for construction. The project remains unfinished, in part because no new courthouse construction funding has been included in the budget request since FY 2010.

Malinda Moseley CLE Coordinator

Presently, Congress has yet to release funding for construction. Other cities are looking to replace Nashville at the number one spot for courthouse construction.

There are very legitimate concerns that, if the new Nashville courthouse is not included in the FY2016 budget, we will not get a new courthouse any time in the near future. The time is now. Please voice your support for inclusion of a new federal courthouse in Nashville in the FY2016 budget by writing the President and copying your congressional representatives.

Judy Phillips CLE Coordinator

* * * * *

Wendy K. Cozby Lawyer Referral Service Coordinator Nikki R. Gray Director of Communications Traci L. Hollandsworth Programs & Events Coordinator

Vicki Shoulders Membership Coordinator/Office Manager The Nashville Bar Journal, ISSN 1548-7113, is published monthly by the Nashville Bar Association at 150 Fourth Avenue North, Suite 1050, Nashville, TN 37219, (615) 242-9272. Periodicals Postage Paid, Nashville, TN (USPS 021-962). Subscription price: $25 per year. Individual issues: $5 per copy.

POSTMASTER: Send address corrections to Nashville Bar Journal, 150 Fourth Avenue North, Suite 1050, Nashville, TN 37219

No part of this publication may be reprinted without written permission of the Nashville Bar Journal Editorial Committee. The Nashville Bar Journal is not responsible for the return or loss of unsolicited manuscripts or for any damage or other injury to unsolicited manuscripts or artwork.

All Articles and Letters contained in this publication represent the views of the authors and do not necessarily reflect the opinions of the Nashville Bar Association.

Nashville Bar Association 150 Fourth Avenue North Suite 1050 Nashville, TN 37219 615-242-9272 Fax 615-255-3026 www.nashvillebar.org

2

The effort to secure a new courthouse to replace the Estes Kefauver Federal Building on Broadway has been a two-decade quest for Nashville's federal court. Built in 1952, the current building is nearly unchanged since it first opened. Regular users of the courthouse know its many limitations. In light of this, the Tennessee delegation is presenting a strong bipartisan front in support of the project, urging the President to include the courthouse in his FY2016 budget. Nashville has pursued a new federal courthouse for 22 years, when federal officials deemed the current courthouse at 801 Broadway inadequate. The security concerns surfaced in 1992, nine years before the September 11, 2001, terrorist attacks.

Nashville Bar Journal - November 2014

My tenure as President is coming to an end, and this is my last column. I have thoroughly enjoyed the honor and privilege of being the President of our great association, and I want to express my deepest gratitude to our Board and our members for the tremendous support they have provided. I also want to thank Gigi Woodruff and the fine staff at the NBA office. It has been a pleasure working with them. As most of you know by now, this is Gigi's last year as our Executive Director. She has resigned to spend more time with family in Cincinnati. We appreciate her outstanding leadership over the last seven years and we wish her all the best.

Finally, I want to thank my firm's management, attorneys, and staff for their unwavering support and encouragement. I especially want to thank my assistant, Deborah Wilson, for her hard work and good humor during my presidency.

To say that we have had an interesting year would be an understatement. We have come up with new and innovative ways to promote membership, such as First Tennessee Bank's initiative to pay one year's dues to those lawyers who open an

2014 NBA BOARD OF DIRECTORS

account at their fine bank. We have a membership dues scholarship fund for those who qualify. A record turnout at our Law Day Luncheon heard Belmont Law School Dean and former U.S. Attorney General Alberto R. Gonzales provide a moving account of his personal and professional journey. We had another record turnout at our Annual Member's Picnic in September. Throughout the summer, our Bar members led on the retention election of our Supreme Court justices by writing columns, educating community leaders, planning and attending rallies, and many other efforts.

It now is time to turn over the reins to President-Elect Ed Lanquist, with whom I have enjoyed working during the last year. Ed has worked tirelessly on behalf of our Bar for many years, and he is well acquainted with our challenges and opportunities. He will do an excellent job as our President. n

Charles K. Grant, President Edward D. Lanquist, Jr., President-Elect Dewey Branstetter, First Vice President John C. McLemore, Second Vice President Thomas J. Sherrard, Immediate Past President Stacey Billingsley Cason, Secretary Nicole James, Treasurer Hon. Joe B. Brown, Assistant Treasurer Gareth Aden, General Counsel Hon. Joe P. Binkley, Jr. Kathryn S. Caudle Irwin J. Kuhn Claudia Levy Hon. Randal S. Mashburn Jeffrey Mobley Andrea P. Perry Matt Potempa Sara F. Reynolds Nathan H. Ridley Maria M. Salas Saul Solomon Jocelyn A. Stevenson Overton Thompson, III M. Bernadette Welch

Got an Idea for an NBJ Article?

We want to hear about the topics and issues readers think should be covered in the magazine.

Send it to nikki.gray@nashvillebar.org

NASHVILLE BAR ASSOCIATION Each day, we work hard to help people and businesses in our community. The NBA has a wide variety of services and programs that can help lawyers work smarter, stay informed and keep connected with fellow attorneys. From sole practitioners to the largest firms, from legal aid attorneys to those in private practice, the NBA supports all of us so we can better serve our clients and the justice system.

Our Bar Association is much more than just a collection of services.

The power of our membership lies in the power of the people.

https://www.facebook.com /NashvilleBarAssociation

@theNashvilleBar

WE are the Bar. And together, we shape the future of the legal profession.

Nashville Bar Journal - November 2014

3

communiquĂŠ NBA Annual Memorial Service The Nashville Bar Association's annual Memorial Service will be conducting the service on Thursday, November 20, 2014, at the Downtown Presbyterian Church. The service begins at 11 a.m. with a reception immediately following in Fellowship Hall.

A project of the NBA's Historical Committee, the Memorial Service honors the memory of those Nashville lawyers and judges who passed away during the preceding six-month period.

Memorial resolutions, recounting the lives and legal careers of the deceased individuals, are prepared and then read at the service by friends and colleagues of the bench and bar.

Family members and friends of the deceased are invited to attend.

Attorneys to be HONORED: Jon Setzer Ramsey Leathers David Coleman Raymond (Jack) Whiteaker Ginger Marlowe Cecil Branstetter Joseph Loser, Jr Harlan Mathews Wirt McKnight William Baker Pete Halverstadt Jack Gannon Special Acknowledgement of Senator Howard Henry Baker, Jr.

NSL LIBRARY OPEN TO ALL The Nashville School of Law library is a resource available to the entire legal community. It is located near 100 Oaks Mall at 4013 Armory Oaks Drive. The library open from 8:30 a.m. to 10:30 p.m. on Mondays through Thursdays, and from 8:30 a.m. to 6 p.m. on Fridays through Sundays. Ample, convenient, and free parking is available.

In addition to its collection of federal and state reporters, the library provides free access to WestlawNext. Limited copying services are also available for a modest fee.

-Golden Oldies

Dyke Tatum correctly identified the individuals in the October 2014 Golden Oldies photo.

Pictured are: James Hofstetter and Michael Bennett

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Nashville Bar Journal - November 2014

Toiletry Drive

The NBA Annual Meeting and Banquet will take place on Thursday, December 4, 2014, at Wildhorse Saloon. As in past years, a reception for the general membership is set to begin at 5:30 p.m., with dinner and the program to begin at 7 p.m.

The passing of the gavel from President Charles Grant, to President-Elect Ed Lanquist, introduction of the NBA officers for 2015, and Award presentations are just a few of the events on the agenda for the evening. Bring your business card to drop in Sponsor Prize Boxes!

Awards to be presented include: John C. Tune Award, Joseph G. Cummings Pro Bono Award, Volunteer of the Year Award, CLE Excellence Award, Nashville Bar Journal Awards, YLD Leadership Awards, Emeritus Awards, and the President’s Awards.

Registration form on page 19 or visit www.nashvillebar.org

For three weeks in August and September, the Homeless Committee of the NBA's Young Lawyers Division partnered with the Nashville chapter of NALS, the association for legal professionals, to coordinate a toiletry driving benefiting the homeless of Nashville. Lawyers, legal assistants, and paralegals from more than 30 law firms and government offices donated new, unopened toiletries, including shampoo, conditioner, deodorant, soap, toothbrushes, toothpaste, floss, paper products, razors, shaving cream, baby supplies, and a wide range of other products. The toiletries were sorted, boxed, and delivered to the Nashville Rescue Mission with the help of members of the Nashville legal community, including attorneys, law students, and legal assistants. The donation totaled three full pallets, and the Mission was extremely grateful for the donation.

The toiletry drive is an important contribution to the homeless in Nashville and to the Nashville Rescue Mission, and the needs remain strong each year. The Homeless Committee and NALS would like to thank everyone who participated in and helped organize the drive within your organizations.

The Homeless Committee and NALS also would like to thank New World Imports—a Nashville based supplier of personal care amenities—which contributed a massive amount of toiletries that more than doubled the total donation. Pictured above are Mollie Gass and Joseph Hubbard, chairs of the Homeless Committee, with the donated goods at the Nashville Rescue Mission on September 19.

NBA Calendar of Events November 18, 2014 NBA Swearing-In @ AA Birch Building Sponsored by First Tennessee Bank -----------------------------------------------------------November 19, 2014 Happy Hour hosted by Bone McAllester Norton 4:30 - 6 p.m.

-----------------------------------------------------------November 20, 2014 NBA Fall Memorial Service @ Downtown Presbyterian Church

-----------------------------------------------------------December 4, 2014 NBA Annual Meeting & Banquet ------------------------------------------------------------

Nashville Bar Journal - November 2014

5

Feature

Here They Come?

No, Meaningful Use Audits Are Already Here by:

Michaela D. Poizner

Pop quiz. If a government auditor knocks on your door, the best thing you can do is: (a) invite him in for a cup of coffee and start piling all of the company documents on his lap, (b) lock him in a conference room and start shredding the company documents, (c) slam the door, or (d) drop to the ground and play dead.

Obviously, none of these answers is correct (though (d) would be an interesting social experiment). But the question deserves consideration, particularly for attorneys with health care clients participating in the Electronic Health Records (EHR) Incentive Program offered by the Centers for Medicare and Medicaid Services (CMS). The EHR Incentive Program, also called Meaningful Use, pays health care providers who integrate certified EHR technology (CEHRT) into their practices, and it has doled out more than $24 billion to providers since 2011. When that many zeroes are involved, government audits are inevitable, and Meaningful Use has not been immune.

This article offers an overview of the Meaningful Use program and the audit process currently underway, with practical advice for helping health care clients prepare for or, if necessary, respond to an audit.

Why Don't You Make Yourself Meaningfully Useful?

If you play in the health care sandbox at all, you're probably familiar with Meaningful Use. The program aims to increase technology utilization in health care delivery by offering incentive payments to individual providers and hospitals who meet various technology objectives, and subjecting eligible Medicare providers who do not participate to reimbursement reductions. The program is bifurcated into a Medicare track and a Medicaid track. Providers who satisfy the eligibility criteria for both programs may only participate in one, but they can switch between the Medicare and 6

Nashville Bar Journal - November 2014

Medicaid programs once.

Under the Medicare program, incentive payments began in 2011, and the final payments will be made in 2016.1 Providers are eligible to receive incentive payments totaling up to $43,720 over five consecutive years, and this year is the last year to register and begin receiving payments.

Providers must successfully demonstrate meaningful use of CEHRT each year to be eligible for the incentive payments. Beginning in 2015, providers who are eligible to participate in the Medicare program, but do not successfully demonstrate meaningful use, will be subject to downward payment adjustments by CMS starting at 1% and growing to 5%.

The Medicaid program also began making incentive payments to providers in 2011, but payments continue through 2021. Providers have until 2016 to begin participating in the program and are eligible for six years of payments, which do not have to be consecutive, totaling $63,750. Providers participating in the Medicaid program can receive an incentive payment for "adopting, implementing, or upgrading" CEHRT in their first year of participation and must demonstrate meaningful use in each subsequent year. Providers who are only eligible for the Medicaid EHR Incentive Program will not be subject to downward payment adjustments, but providers who are eligible for both the Medicare and Medicaid programs will face the payment adjustment on their Medicare reimbursements beginning in 2015 if they do not successfully demonstrate meaningful use.

Come On, Everybody's Doing It Judging by the $24 billion that CMS has paid in incentives since 2011, Meaningful Use is not a fringe movement. According to CMS data as of June 30, 2014, more than 484,000 individual providers and hospitals have registered for the program, and every single state has established a Medicaid EHR Incentive Payment Program.2 That's nearly 90% of all eligible individual providers and 95% of all eligible hospitals.3 In Tennessee, 8,383 individual providers and 108 hospitals are participating, and CMS has paid nearly $550 million in incentives since 2011.4 Among office-based physicians, adoption of basic EHR systems increased more than 20% between 2012 and 2013, and by 2013, 69% of office-based physicians had already registered or planned to register for the EHR Incentive Program.5 What Are the Odds?

Pretty High, Actually Would you rather wind up in the emergency room after a pogo stick injury, or be selected for a meaningful use audit? If you chose the pogo stick mishap, good luck: those odds are about 1 in 115,300, while Meaningful Use participants have about a 1 in 20 chance of being audited, according to CMS.6 For purposes of running your Meaningful Use program, you should assume that you're going to be audited and start preparing early.

CMS has conducted audits of Meaningful Use participants who receive incentive payment since October 2012, but in January 2013, the agency began conducting pre-payment audits of providers who attest to Meaningful Use.7 CMS and its contractor, Figliozzi and Company, conduct the audits of Medicare-eligible and dually eligible Meaningful Use participants, while states and their contractors audit Medicaid EHR Incentive Program participants.8

CMS offers the following overview of the Medicare program audit process (the Medicaid process varies from state to state):9 • Figliozzi and Company will initiate audits by request letters (via email) sent to selected providers (some random, some suspicious) from a CMS email address.

• The initial review process will proceed using information that the provider produces in response to the request letter. The auditor may request additional information during or after the initial review process.

• CMS expects most audits to be "desk audits," but in some cases the auditor may require an on-site review at the provider’s location, including a demonstration of the EHR system.

• Figliozzi and Company will use a secure communication process to assist the provider in sending sensitive information.

• Providers should direct questions pertaining to the information request to Figliozzi and Company, at the contact information included in the initial request.

• If the auditor determines the provider is ineligible for an EHR incentive payment, the payment will be recouped (or, in the case of a pre-payment audit, denied).

CMS allows providers in the Medicare EHR Incentive Program to appeal a negative audit finding, and states have likewise implemented appeals processes for Medicaid program participants who are facing a payment recoupment or denial.10 When In Doubt, Don't Throw It Out CMS has cautioned that one of the most common ways participants fall short in a Meaningful Use audit is an inability to produce proper documentation.11 When a provider attests to Meaningful Use each year, the attester is required to answer nu-

merous questions about patients and the services they received during the reporting period. Providers should retain all relevant supporting documentation that they use when completing the attestation for at least six years after the attestation, and documentation that supports payment calculations (such as cost report data) should be retained according to current retention processes.12 The most important kind of information to retain is what CMS calls "Source Documentation." These are the documents that a provider relies on when entering numbers into the attestation portal (for example, x number of the provider's patients, out of y number of total patients, received the benefit of a particular aspect of the provider's CEHRT).

Many certified EHR systems will print reports that can be used to enter attestation data, and these reports are the ideal Source Documentation. A provider should print out the reports on the day the attestation is made, so that, in the event of an audit, the auditor can easily see what numbers the provider relied on in making the attestation. If the certified EHR system does not produce reports, or data for a particular Meaningful Use measure is not included on a report, other documentation is acceptable.

Regardless of what Source Documentation a provider retains, the documentation should include a summary of the data that supports all information entered during the attestation. Specifically, the summary should include: •

The numerators and denominators (x out of y patients) for each Meaningful Use measure;

•

The time period the report covers;

•

Evidence to support that the report was generated for that particular provider, identified by National Provider Identifier (NPI), CMS Continued on Page 13 

Nashville Bar Journal - November 2014

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2015 NBA BOARD OF DIRECTORS NOMINEES (Please note: Nominees’ information is listed in the same order as the nominees’ names are listed on the ballot, which order was determined by a random draw.)

Rita Roberts-Turner is the chief of staff for the Office of the General Counsel at Vanderbilt University.

She received her B.A. in mass communications from Western Kentucky University and her J.D. from Temple University. She worked as an assistant public defender and later joined the Metropolitan Department of Law where her areas of practice included civil rights, employment, and personal injury law. Prior to joining Vanderbilt, she was the Human Resources Director for the Metropolitan Government. Roberts-Turner has been an active member of the Nashville Bar Association since 1998. She is the former cochair of the Diversity Committee (formerly the Minority Opportunities Committee), served on the Government Attorneys Committee and has been a regular contributor to the Nashville Bar Journal and volunteer for the YLD Davidson County High School Mock Trial Competition.

She is a Nashville Bar Foundation Fellow and was recently selected as a mentor for the inaugural NBF Leadership Forum. In 2014, she was appointed to the State Board of Appeals, which operates as the hearing panel for state employees appealing disciplinary action. She also serves on the Tennessee Board of Law Examiners Investigating Committee. Of particular interest is advancing the Bar’s initiatives for professional development, legal education, and community outreach.

David L. Raybin has practiced criminal and federal civil rights law in Nashville for forty years. He serves as local counsel for Children’s Rights, a non-profit involved in foster care litigation. For over twenty-five years David has represented Nashville police officers through the Fraternal Order of Police. Raybin served on the Tennessee Sentencing Commission for nine years. He was twice awarded the Justice Joe Henry Award for outstanding legal writing by the Tennessee Bar Association and received the Norman Award from the Nashville Bar Association. He is also the author of the three-volume treatise Tennessee Criminal Practice and Procedure. He is a 1973 Order of the Coif graduate of the University Of Tennessee College of Law. After graduation he served as an Assistant State Attorney General for three years. Then he was hired by Tom Shriver to serve as an Assistant District Attorney for seven years. After his service with the government, he joined what was then Hollins Wagster and Yarbrough. Following the reorganization of the firm, Raybin is now the senior partner of Hollins Raybin and Weissman. He is married and has two children, one of whom, Ben Raybin, practices with the firm.

Robert C. Bigelow is a member with Dickinson Wright PLLC. A recipient of the NBA’s President’s Award and former President of the NBA’s Young Lawyers Division, he is a two-time Vanderbilt graduate (A&S ’99; Law ’02). Bigelow is a Nashville Bar Foundation Fellow, Harry Phillips Inn of Court member, Tennessee Bar Association Leadership Law graduate, PTO President at Glendale Elementary School, and a Trustee and Sanctuary Choir Member at West End United Methodist Church. He previously clerked for the Honorable Juliet Griffin. Robb helped develop 8

Nashville Bar Journal - November 2014

and implement the Nashville Bar Foundation’s Leadership Forum, worked with the NBA to form a dues scholarship for attorneys who might otherwise not be NBA members, co-founded the YLD/ Napier-Looby Bar Association Day of Service, helped raise well over $100,000 for non-profit organizations through the YLD, and co-authored a statewide High School Mock Trial Competition problem. He is actively involved with the Legal Aid Society, Tennessee Justice Center, H.E.L.P. Project, Room In the Inn, and numerous other non-profit organizations. Particular areas of interest include mentoring younger members of the Bar, bridging the gap between the NBA and the YLD, and helping the NBA be a continued force for good in Nashville.

Richard McGee started his career as a criminal defense attorney in the Public Defender’s Office in Nashville in 1978 (law school: UT/’78; MTSU ’75).

After five years he went into private practice where he has been for the last twenty-five plus years. His practice is exclusively criminal defense. McGee is the former president of the Tennessee Association of Criminal Defense Lawyers and has been Chair of the Strike Force for TACDL for a number of years. He is a Fellow of the Nashville Bar Foundation and a proud recipient of the Norman Award. He is a member of the Inns of Court and of the Tennessee and Nashville Bar Associations. McGee is a senior facility instructor at the TACDL Trial College and a frequent presenter throughout the state on various criminal defense issues.

His son, Kevin, was a Public Defender in Knoxville and Nashville.

His daughter-in-law was also a Public Defender in Nashville, the first family to achieve this distinction. Prior to his teaching at the TACDL College he was an instructor at the National Institute for Trial Advocacy for ten years. He is a frequent guest lecturer at Vanderbilt University and the Nashville School of Law. He is the monthly coordinator for a mentoring program for young lawyers in Nashville along with other members of his firm and wears the hat of mentor with great pride. He has headed up two teaching trips to Guam on trial advocacy.

Peggy Mathes is in practice with Hiland, Mathes & Urquhart. She received her undergraduate B.S. degree in business from the University of Alabama in 1972 and her J.D. from Nashville School of Law in 1976. Elected by the Metropolitan Council, Mathes has been the Public Administrator of Davidson County since 1998. She has been Co-Chair of the NBA Probate Court Committee for the last three years and is a Fellow of the Nashville Bar Foundation. She is past president of the 140-member Tennessee Golf Events and is a member of St. George’s Episcopal Church. Goals and areas of interest within the Nashville Bar Association relate to improving the respect and fellowship among our members of the bar, the promotion of better relations and public opinion with members of the bar and the community, and the continued support of our mentoring efforts.

Jonathan E. Richardson is a solo practitioner with the Law Office of Jonathan E. Richardson. He attended Morehouse College in Atlanta, Georgia, receiving his undergraduate degree with honors in 1994 and his J.D. from Valparaiso University in 1998. Richardson was recently re-elected to the Davidson County Democratic Party Executive Committee and he is currently a co-chair of the NBA Circuit Court and Chancery Court Committee, and a member of the NBF Leadership Forum Steering Committee. Richardson serves as Assistant Secretary on the National Bar Association Board of Governors and served as Board Member at Large on the National Bar Association Board of Governors in 2013-2014. He has served as a past president for the Napier-Looby Bar Association, as a Regional Director for the National Bar Association, and as a board member for TABL. He is a Nashville Bar Foundation Fellow, TBALL Graduate, past YLD Board Member, past editor of OYEZ!, past member of the Tennessee Bench and Bar Relations Committee, and a past board member of the Nashville Pro Bono Program. Richardson believes in service to the bar, is a member of Belmont University School of Law’s American Inns of Court, mentors law students there, and is a member of the Federal CJA Panel.

Jennifer Rusie is a shareholder in the Nashville office of Ogletree, Deakins, Nash, Smoak & Stewart, P.C. She graduated magna cum laude with a BA in American Studies from Vanderbilt University in 1999 and received her J.D. from New York University School of Law in 2003. Rusie represents management in the area of labor and employment law with an emphasis on employment litigation.

Her practice regularly involves advising employers on the topic of payroll cards and ensuring compliance with state and federal regulations in this emerging area of law. Rusie is the co-chair of the Labor and Employment Section of the NBA and is a frequent speaker at NBA and Tennessee Bar Association CLEs. She is a member of the Nashville Bar Association, the Tennessee Bar Association, the American Bar Association, the Federal Bar Association and the Lawyers Association for Women. She is passionate about Nashville’s legal community. Areas of interest include fostering collegiality amongst members of the bar, helping lawyers find meaningful mentoring relationships, and assisting lawyers with their professional development.

Kelly L. Frey is with Frost Brown Todd LLC. He received his B.A. from Vanderbilt University in 1973, his M.S. from Vanderbilt Graduate Medical School in 1979, and his J.D. from the University of Tennessee in 1982. Frey was honored as the Nashville Bar Journal’s Contributor of the Year in 2007, 2008, and 2009, is active on the NBJ’s editorial board, and is a regular contributor to the NBJ. He serves as Co-Chair on the Business Law Committee of the NBA, is a Fellow of the Nashville Bar Foundation, and assists Volunteer Lawyers and Professionals for the Arts. He is a former Board member for the Tennessee Repertory Theatre, and currently serves as President of the Nashville Film Festival and on the Board of Governors of the historic Franklin Theatre. He has completed the Approved

Mentor program designed to assist new lawyers with the transition from law school to law practice. He currently serves, pro bono, as General Counsel to the Board of the Ethics and Compliance Officer Association.

Particular areas of interest include mentoring new attorneys, working with artists and filmmakers, and assisting companies with intellectual property transactions and corporate ethics/compliance.

Margaret M. (“Marnie”) Huff is a solo practitioner at Margaret Huff Mediation. She is a graduate of Smith College (1972) and Vanderbilt University School of Law (1976).

Huff received the NBA President’s Awards for chairing the Ethics Committee (1987) and the Task Force on Attorney Health and Wellness (2008). She currently co-chairs the NBA ADR Committee. She is past chair of the NBA Bankruptcy (1986, 1991) and Pro Bono (1988) Committees, and is a Nashville Bar Foundation Fellow. She serves on the LAW Board and is an active member of the TBA. Marnie’s national bar work includes service on the ABA Section of Dispute Resolution’s Council (2010-present; Strategic Outreach Officer 2014), its Membership Committee (chair 2011-14), and its Ethics Committee (co-chair 200711). She co-chairs the ABA Advanced Mediation and Advocacy Skills Institute. She is an English Language Learners tutor at St. Ann Church and a volunteer ombuds for the U.S. Department of Defense TN ESGR program (Tennessee Committee for Employer Support of the Guard and Reserve). Marnie’s recent pro bono work includes teaching workplace conflict management skills to Magdalene House residents. Special areas of interest include improving access to justice, high quality CLE for NBA members, and mentor/mentee opportunities.

Sheila Calloway, a native of Louisville, KY, came to Nashville, Tennessee in 1987. She received her B.A. degree in Communications in 1991 and her J.D. in 1994, both from Vanderbilt University. After graduating, she worked at the Metro Public Defender’s Office in both the adult system as well as the juvenile system. In January 2004, she was appointed by Judge Betty Adams Green to the position of Juvenile Court Magistrate.

She was elected Juvenile Court Judge in August 2014. She serves as an Adjunct Professor at Vanderbilt University. Calloway is currently a member of the Napier-Looby Bar Association, the Nashville Bar Association, and the Disproportionate Minority Local Task Force. She is on the Board of the Nashville Prevention Partnership and serves on the MNPS Academies Partnership Council, where she is the immediate past chair of the Health and Public Services Partnership Council. She is the chair of the Advisory Board of the Cane Ridge High School Academy of Law, a 2013 member of Leadership Donelson/Hermitage and serves on the state-wide Advisory Board of Tennessee Voices for Victims. She is the co-founder and co-director of The Voices of Justice – a choir comprised of Juvenile Court employees and others that work with juveniles. She has also worked with Project Prison Connect – a program designed to educate high school students across Davidson County about the criminal justice system. Calloway is a member of the Temple Church. At Temple, she is an active member of the Music Ministry, the Women’s Ministry, and a regular volunteer at the Second Harvest Food Bank. She is happily married to Paul Butler Calloway, Jr. and the proud mother of one son, Paul Calloway, III.

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9

2015 NBA BOARD OF DIRECTORS NOMINEES (Please note: Nominees’ information is listed in the same order as the nominees’ names are listed on the ballot, which order was determined by a random draw.)

Bill Koch is currently the Dean of the Nashville School of Law. Before his appointment, Dean Koch served as a Justice of the Tennessee Supreme Court and as a Judge of the Tennessee Court of Appeals. He received his undergraduate degree from Trinity College. He earned his J.D. from Vanderbilt Law School and his LL.M. from the University of Virginia. During his 30-year judicial career, ABOTA recognized Koch as Appellate Judge of the Year and he was also recognized as one of the 500 Leading Judges in America. Koch currently teaches Constitutional Law at the Nashville School of Law and has received adjunct appointments at Vanderbilt Law School and Belmont Law School. Koch is a Fellow of the Nashville Bar Foundation and has served on the NBA’s Appellate Practice Committee.

He is currently vice president of the American Inns of Court Foundation, president of the Harry Phillips American Inn of Court, and vice president of the Belmont College of Law American Inn of Court. Koch also serves on the boards of the United Way of Metropolitan Nashville and the Community Foundation of Middle Tennessee, and he is a member of Christ Church Cathedral.

Elizabeth Tipping is a member of Neal & Harwell, PLC. She received a Bachelor of Music from Acadia University in 2000 and a J.D. from Vanderbilt Law School in 2003.

Tipping was a member of the NBA Young Lawyers Division Board for eight years, including three years as a member of the Executive Committee and two years as co-chair of the Carbolic Smoke Ball committee. She worked closely with Gigi Woodruff on the It’s Your Move NBA Capital Campaign. She works as a CASA volunteer, is a Lead Coordinator for Nashville United Methodist churches with the Supreme Court’s Tennessee Faith and Justice Alliance, and is a volunteer respondent for OnlineTNJustice.org. Tipping is a member of the Linden Waldorf School Board, a member of the Board for Mur-Ci Homes, Inc., the Council Chair at Tulip Street United Methodist Church, and an Advisory Board member for the Nashville Opera. Particular areas of interest include: increasing attorney involvement in, and community awareness of, the Supreme Court’s Access to Justice Initiative; promoting effective representation for all litigants; and the mentoring and professional development of new attorneys.

Casting Your Ballot

10

Erin Palmer Polly is a partner at Walker Tipps & Malone, PLC. She graduated from Maryville College in 1999 and later received the Young Alumni Award from the College in 2006. She graduated from the University of Tennessee College of Law in 2002, where she served as the Executive Student Materials Editor of the Tennessee Law Review. Erin presently serves on the Alumni Council for the College of Law. Erin recently completed her term as President of the Young Lawyers Division after serving on the Board of Directors since 2006 and receiving the Enterprise Award from the YLD in 2007. She also serves as a Barrister in the Harry Phillips American Inn of Court, a member of the Lawyers Association for Women, and a member of the NBA Federal Courts Committee. Along with this, Erin recently completed the Tennessee Bar Association Leadership Law Program and has been recognized by Mid-South Super Lawyers as a Rising Star from 2010 through 2013. Her areas of interest within the NBA include engaging young lawyers to become active participants in the NBA and finding ways for the NBA to give back to the community in meaningful ways.

Ballots for the election will be sent electronically to all eligible NBA members in early November at which point you will be asked to vote for six of the thirteen nominees. We urge all members to participate in selecting the future leadership of the Nashville Bar Association. Dues for 2015 must be in good standing in order to vote (you will receive a notice if you have not yet renewed.)

Election Results will be announced at the Annual Meeting & Banquet on December 4, 2014 (Registration for that event can be found on page 11 of the Nashville Bar Journal or you may register online at www.nashvillebar.org).

Nashville Bar Journal - November 2014

Nashville Bar Journal - November 2014

11

BIL L G A & PH DG ET O IL'S F THE

MONTH

Test Drive: iPhone 6 Plus vs. Galaxy Note 4 Goliath vs. Goliath

By: Bill Ramsey, Neal & Harwell, PLC and Phillip Hampton, LogicForce Consulting Midterm elections, college football playoffs, World Series…competition is in the air. But the race that we are watching closely is the battle of the tech titans: two huge companies, Apple and Samsung, going head to head with their Goliath phablets (a cross between a smartphone and tablet), the iPhone 6 Plus and the Galaxy Note 4. Of course, we couldn't sit this one out on the sidelines, so we got together to decide who was going to buy what and turned this Apple vs. Samsung battle into the ultimate Bill vs. Phil challenge. Bill went with his heart and chose the iPhone 6 Plus. Phil went with his head and chose the Galaxy Note 4. The credit card transactions were made, the phones were activated, and the two gladiators were off to prove that his phablet choice was the best. Each makes their case below: Phil: Samsung Galaxy Note 4 The fourth generation of Samsung’s very popular Note series smartphone is definitely the best phablet on the market. In fact, you could say (and many are indeed saying) that the iPhone 6 Plus is simply Apple's attempt to catch up with Samsung's popular giant Note. The Note 4 display is a dazzling 5.7 inches (larger than the iPhone 6 Plus) and, admittedly takes some getting used to handling. The metal frame around the edges gives the Note 4 a sturdier albeit heavier feel than its predecessor, the Note 3. While I am thrilled with the incredible size and resolution of the Note 4's display; it's what's on the inside that makes the phone a winner. The phone has a beastly quad-core processor that is noticeably faster than my previous Galaxy S4 phone. The 16mp camera takes beautiful photos. The battery life is good and can be charged fairly rapidly. In ad12

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dition, Samsung has introduced some battery-saving features on the phone that they tout can significantly stretch the amount of time you can go between charges.

The Note 4 comes out of the box with Android KitKat, but as of this writing, I am awaiting for the availability of the latest version, Android Lollipop, which I will immediately install on my Note 4. Nonetheless, the phone's operating system, Android, which is the most popular smartphone operating system in the world (sorry Apple), is a big reason why I chose the Note 4 over the iPhone 6 Plus.

A custom feature on the Note 4 is the ability to truly multi-task. You can bring up two apps side by side on the Note 4's huge screen. This is a first and welcome development for this genre of giant smartphones. In addition, with the apps button at the bottom of the screen, it is very easy to quickly pull up recently used (and still running) apps. Never has Android been more user friendly than on this Note 4.

Another unique feature on the Note 4 is the S Pen stylus. This pointing/writing device can be used as a mouse or to take handwritten notes. I have found the functionality of the S Pen stylus along with Samsung's included note-taking app to be exceptional. Unlike some electronic notetaking devices and apps, the experience on the Note 4 is very close to writing with a real pen on actual paper.

Samsung has installed a fingerprint reader on the device's home button which worked great for me during setup; but has been more problematic in actual use. I finally ditched the fingerprint authorization to unlock my screen and resorted to a passcode. I have never been a big fan of

fingerprint authorization and the Note 4 implementation didn't change my mind.

All in all, I am very, very pleased with my new Note 4. Yes, it's big…no, huge; but I am glad to report that it still fits snugly into my back pocket and, so far, it has not bent one millimeter (sorry, Bill & Apple).

If you're looking to get into the giant smartphone, or phablet, craze (and who's not?), then I believe the Note 4 is currently the best bet for the savvy professional.

Bill: Apple iPhone 6 Plus Whatever, Phil! iPhones are still the favorites in the US market, and they completely dominate the legal market! There is a reason that Samsung’s stock is taking a nosedive, Apple’s stock is taking off like a rocket. iPhones are simple, intuitive and easy to use. The 6 Plus is no exception.

You can talk about “bending” iPhones all you want, but the device is sturdy and lighter than the Note 4. (I saw no evidence of any tendency to bend.) It is also smaller and fits better in your hand than the Note 4, but, thanks to the excellent design of the Apple engineers, the screen seems every bit as big as the Note’s, even though it is slightly smaller – it can still be used with one hand. But, the screen is large enough to make “two thumb” texting a breeze, so old guys like me can text (and email) like a teenager. In my opinion, it beats the Note 4 ergonomically hands down. It just feels good in your hand(s).

Continued on Page 18 

Here They Come?

No, Meaningful Use Audits Are Already Here Continued from page 7

Certification Number (CCN), the provider's name, the practice name, or some other identifier.

Depending on the nature of the audit and the contents of the summary report, the auditor may need to review additional information, including patient information or medical records. The bottom line is, the provider must be prepared to provide documents that support every single aspect of the attestation.

In addition to EHR system reports, and depending on the Meaningful Use objective in question, proper documentation may be a screenshot, a successful electronic transmittal receipt, or a letter from a public health agency confirming receipt of some filing. CMS offers guidance for documentation that may satisfy various Meaningful Use objectives on its website, but if you are unsure whether some data system report, online confirmation screen, patient visit note, weather report, or drawing by your kindergartner will be useful in an audit as documentation, just save it.

One final word of advice regarding preparation: stay organized from day one. You may have saved enough documentation to protect you from the most onerous audit CMS can muster, but that doesn't help you if it's buried among boxes and papers piled to the ceiling.

Lucky You, You're Being Audited If you are the happy recipient of an email from your new friends at Figliozzi and Company, or the equivalent agency for your state's Medicaid Meaningful Use program, don't despair (and don't drop to the ground and play dead). Assuming you've been diligently saving and filing your documentation, you should have no problem proving that you're entitled to your incentive payment. There are a few pointers to keep in mind as you navigate the process, though: • Respond to the initial request promptly. A typical response window is 14 days, so this is not the time to dilly-dally.

• Don't get angry at the auditor.

Chances are, you are not being singled out, you're just one of the lucky 20%. And whether you're being singled out or not, making the auditor dislike you is not helpful.

• Produce everything the auditor asks for. Don't make him ask twice for the same piece of information (see tip above about not making the auditor dislike you).

• Be responsive. There will likely be a lot of back and forth with the auditor throughout the process, and unanswered emails and phone calls do not help your case.

• Consider including cover letters with your responses that explain why you understand your attestation to be in compliance with the Meaningful Use requirements.

Consult with experienced Meaningful Use counsel for assistance in drafting these responses, because Meaningful Use law is extremely complex, and there can be a lot of gray area in completing an attestation. While you don't want to be unnecessarily confrontational with the auditor, it can be helpful to explain the validity of your attestation as part of the audit response process, particularly if the auditor has questioned a particular aspect of the attestation.

• If the audit does not go your way, remember that you can always appeal. Or, in a worst case scenario, Medicaid EHR Incentive Program participants can simply try again the following year, since Medicaid incentive payments do not have to be in consecutive years (and Medicare program participants may want to consider switching to the Medicaid program, if they are eligible).

At the end of the day, the Meaningful Use program presents providers with a unique

opportunity to benefit from a transition that many providers want to undertake, anyway: incorporating more technology into their day-to-day practices to better serve their patients. While audits are a very real part of the ($24 billion) Meaningful Use landscape, providers can take proactive steps to prepare themselves and ultimately navigate the audit process with minimal heartburn, if and when the time comes.  Michaela D. Poizner is an attorney in the Health Law Group at Baker Donelson. She focuses on regulatory issues including Meaningful Use, HIPAA, fraud and abuse, licensure, and the corporate practice of medicine.

(Endnotes) All information in this paragraph and the next is from CMS's webpage, "Medicare and Medicaid EHR Incentive Program Basics," http://www.cms.gov/ Regulations-and-Guidance/Legislation/EHRIncentivePrograms/Basics.html.

1

2 CMS, Data and Program Reports (through June 2014), http://www.cms.gov/Regulations-and-Guidance/Legislation/EHRIncentivePrograms/DataAndReports.html (last updated Sept. 3, 2014).

CMS, Medicare & Medicaid EHR Incentive Programs, HIT Policy Committee Meeting Presentation (Aug. 2014), http://www.cms.gov/Regulations-and-Guidance/Legislation/EHRIncentivePrograms/Downloads/ HITPC_August2014_Full_Deck.pdf.

3

4

CMS Payment Data Report, supra note 2.

Chun-Ju Hsiao, PhD & Esther Hing, MPH, Use and Characteristics of Electronic Health Record Systems Among Office-based Physician Practices: United States, 2001–2013, 143 National Center for Health Statistics Data Brief (Jan. 2014), available at http://www.cdc. gov/nchs/data/databriefs/db143.pdf.

5

Statistic comes from a statement by Robert Anthony, Deputy Director of the HIT Initiatives Group at CMS, during a telephone update of the agency's audit efforts in April 2013, reported by Modern Healthcare, available at http://www.modernhealthcare.com/ article/20130422/NEWS/304229954 (registration or subscription required).

6

7 CMS, EHR Incentive Programs Audits Overview, http:// www.cms.gov/Regulations-and-Guidance/Legislation/ EHRIncentivePrograms/Downloads/EHR_Audit_ Overview_FactSheet.pdf (last updated Feb. 2013).

8

Id.

9

Id.

10

Id.

11

See supra note 6.

The information for this paragraph and the remainder of this section comes from the document

by CMS, EHR Incentive Programs Supporting Documentation for Audits,http://www.cms.gov/Regulationsand-Guidance/Legislation/EHRIncentivePrograms/ Downloads/EHR_SupportingDocumentation_Audits. pdf (last updated Feb. 2013). ?

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13

Feature

Welcoming New Americans

– Taking A Pro Bono Naturalization Case by:

Rose Hernandez

Veterans Day is November 11th. My thoughts on this day inevitably turn to my grandfather, who was a veteran of World War II, the Korean War, and the Vietnam War, and retired from the Air Force as a Lt. Colonel after 26 years of service. His opinion mattered greatly to me, and so when I told him I would focus my law practice on immigration, I hoped he would see how that fits in with the ideals of national service. Much to my relief, my grandfather told me he was proud I would be helping immigrants become New Americans. He saw it as patriotic, and today I enjoy honoring my grandfather’s memory through pro bono naturalization work.

Did you know that there are 74,000 permanent residents living in Tennessee who are eligible to apply for U.S. citizenship but have not yet applied?1 In Nashville alone the number is 21,000. Lawful permanent residents (called LPRs for short in immigration-speak) are foreign nationals who are entitled to live and work in the United States indefinitely. Their immigration status never expires, but LPRs who meet stringent requirements can eventually apply for U.S. citizenship through the naturalization process. Once naturalized, an LPR becomes a U.S. citizen, with the accompanying right to vote and fully participate in government. Most people agree that immigrant social integration and participation are the ultimate indicators of a successful national immigration policy. As attorneys, you can help get New Americans involved by taking a pro bono naturalization case.

I know what you’re thinking – immigration is sticky, I’d best leave it to the immigration attorneys. And in many cases that is true.

LPRs with a criminal or deportation record should always seek the advice of an experienced immigration lawyer specifically. The government scrutinizes naturalization applications, and all details must be perfectly consistent with the information disclosed on previous

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applications for permanent residence. Applicants must also be extremely forthcoming and disclose all sorts of information at great length, even as to speeding tickets. But some LPRs with straightforward cases have not yet applied for naturalization even though they are imminently eligible.

In many cases this is because they cannot afford to hire an immigration lawyer. And this is where pro bono clinics come into the picture.

Here in Nashville, the Tennessee Immigrant and Refugee Rights Coalition (TIRRC) holds quarterly clinics to connect naturalization-eligible LPRs and pro bono attorneys.2 The clinics feature training sessions for volunteers, as well as pre-screening and quality control of cases by experienced immigration attorneys. This makes these clinics a safe venue for your pro bono efforts. You will not believe me until you experience it for yourself, but the clinics are also lots of fun.

The legal requirements for naturalization are found at sections 310 through 318 of the Immigration and Nationality Act (INA), or 8 U.S.C. § 1421-1429. Following is a summary of the basic requirements for naturalization. Naturalization applicants must: 1) Be an LPR.3 There is an exception for certain immigrants who served the military honorably in time of war.4 2) Have resided in the U.S. as an LPR for five years.5

The residence period is shortened to three years if the LPR applicant is married to and living with a U.S. citizen spouse.6 The three year rule also applies to spouses or former spouses of U.S. citizens who battered them and/or subjected them to extreme cruelty, even if they are no longer married or living together.7 Practice Tip: Some permanent residents are married to U.S. citizens AND have been permanent residents for more than five years. The naturalization form allows the applicant to choose between applying after three years on the basis of marriage to a U.S. citizen OR on the basis of five years as a permanent resident. Applicants meeting both criteria should choose the five year option. That way, it is not necessary to prove shared residence with the U.S. citizen spouse.

Another exception to the general five year rule is for spouses of U.S. citizens who are employed abroad by U.S. companies.

If the U.S. citizen spouse of an LPR is transferred abroad by his or her U.S. employer, the requirement for the LPR to accumulate at least three years of residence in the U.S. before naturalizing case poses a big problem. If the family leaves the U.S. to pursue the work opportunity abroad, the permanent resident spouse is prevented from accumulating the three years required for citizenship, and may even be considered to have abandoned permanent residence. The good news is that spouses of U.S. citizens employed by U.S. companies abroad can have the three-year waiting period waived through “expedited” naturalization. 8 3) Have lived in the state where applying for naturalization for at least three months.9 4) Be age 18 or older.10 5) Have been physically present in the U.S. for at least half of the five- or three-year period as an LPR.11 Again recognizing the efforts of military families, time spent abroad as the de-

pendent of a member of the U.S. Armed Forces counts as time in the U.S.12 This requirement can trip up applicants who must travel extensively for work, and can require advance planning.

6) Be a person of good moral character13 during the five year (normal), three year (for spouses of U.S. citizens) or one year (military) look back period.

As a pro bono attorney with a practice focused on an area outside immigration, you can learn a lot about the good moral character requirement just by looking at the naturalization form, Form N-400, including questions such as “Have you ever been a habitual drunkard?” and “Do you owe any overdue Federal, State or local taxes?” A full six pages of Form N-400 is taken up by good moral character and related questions. Many of these questions have been there for years and clearly point to concerns about immigrants at particular points in our nation’s history, i.e. “Have you ever been a member of, or in any way associated with the Communist Party?”

Some questions are brand new, including “Did you ever receive any type of military, paramilitary or weapons training?” New questions relating to terrorism, persecution, torture, or genocide are necessitated by the Intelligence Reform and Terrorism Prevention Act of 2004.

The term “good moral character” does not have an exact definition. Section 101(f ) of the Immigration and Nationality Act and the accompanying Federal Regulations14 instead include a list of grounds that automatically bar a finding of good moral character for naturalization purposes.

This article is not intended to cover every single act or conviction that could result in a finding that an LPR lacks good moral character. That being said, an LPR may be found to lack the requisite good moral character if he or she has been: - -

Convicted of murder at any time Convicted of an aggravated felony at any time (and this is not limited to felonies under state law)15

- - -

- - - - - - - - - -

Convicted of one or more crimes involving moral turpitude Convicted of two or more offenses for which the total sentence imposed was five years or more Violated any law anywhere relating to controlled substances (with an exception for only a single offense for simple possession of marijuana in the amount of 30 grams or less) Actually imprisoned for a total of 180 days due to a conviction or convictions Provided false testimony to gain an immigration benefit Involved in prostitution or commercialized vice (such as gambling) Involved in smuggling people into the U.S. Practiced polygamy Convicted or two or more gambling offenses or earns income mostly from illegal gambling Habitual drunkard Failed willfully to support dependents Had an affair that “tended to destroy an existing marriage” Other “unlawful acts” such as unlawful voting and false claim to U.S. citizenship, failure to file tax returns or pay taxes.

For you criminal defense attorneys out there, please take note that for immigration purposes, a “conviction” even includes criminal proceedings where a formal adjudication of guilt has been withheld but the judge ordered some punishment, as well as cases where the applicant has admitted sufficient facts to warrant a finding of guilt.16 Expungement does not remove the underlying conviction for immigration purposes.17 Foreign convictions generally count against naturalization applicants.

Probation also affects naturalization. An applicant who is on probation, parole, or under a suspended sentence cannot establish good moral character.18 However, Continued on Page 20 

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15

Feature

CAN I BE DETAINED FOR BEING ILL? Governmental Restrictions on Individual Liberties to Control Communicable Diseases by:

Jerry W. Taylor

Introduction The Ebola virus is an epidemic ravaging the West African countries of Liberia, Sierra Leone, and Guinea, and threatens to become a broader pandemic. The first known cases of Ebola infected individuals being in the U.S. were two American healthcare workers who contracted the disease while caring for patients in Liberia, and were then transported back into the U.S. to receive treatment. The infected healthcare professionals were transported in specially equipped vehicles (both ground and air transportation) and assisted by other healthcare professionals in “HazMat” type protective gear. Once in the U.S., both were quarantined in special care units in hospitals for a period of several weeks. With the use of experimental medications not yet certified for public use by the Food and Drug Administration, the two workers fully recovered from their illness. No one else contracted the virus from these two individuals.

The next case of Ebola diagnosed in the U.S. was an individual who traveled to Dallas, Texas from Liberia. After arriving in the U.S. he had lived in close contact with family members in an apartment complex in Dallas.

He became symptomatic and was eventually diagnosed with Ebola and admitted to a Dallas Hospital. The patient died shortly thereafter. His family members were placed in quarantine for 21 days before being cleared as virus-free. Shortly thereafter, two nurses who provided care for that individual were diagnosed with the virus. They were also placed in isolation while receiving treatment. At the time of this writing another health care professional had just been diagnosed in New York City. By the time this is being read, there have likely been additional cases diagnosed.

With these first cases of Ebola infection originating in the U.S. came calls for stronger and swifter governmental action to contain the virus and prevent further spread of the disease. Among the steps some have called for are travel bans and mandatory quarantine of anyone who has recently been in the West African countries. Following the Ebola diagnosis in New York, the governor of that state as well as the governor of New Jersey announced plans for the future mandatory quarantine of health care workers returning to those states who had been in contact with Ebola victims in the affected countries.

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In all of the reported cases of Ebola in the U.S., the patients/victims apparently were compliant with the quarantine and isolation efforts. But what if the carrier or suspected carrier is not compliant, and refuses to be isolated or quarantined? What if he/she wants to take a commercial flight for interstate or international travel while positive for the virus? Are U.S. citizens subject to involuntary detainment for the purpose of isolation and quarantine? The purpose of this paper is to summarize the authority of the federal government and the State of Tennessee in placing restrictions on individual liberties when necessary to prevent the spread of communicable diseases.1 Federal Authority The federal government’s authority in this area is grounded in the Commerce Clause of Article I, Section 8 of the United States Constitution. Accordingly, the federal government’s responsibility is limited to efforts at preventing the spread of communicable diseases into the U.S. from foreign nations, and among and between the states. The authority of the Secretary of Health and Human Services is delegated to the Centers for Disease Control (CDC) and the Division of Global Migration and Quarantine.2 Through these offices, the federal government takes a number of steps to prevent the spread of communicable diseases, including: (1) the operation of Quarantine Stations at ports of entry; (2) establishment of standards for medical examination of persons destined for the U.S.; and (3) administration of quarantine regulations governing the international and interstate movement of persons, animals and cargo.3

A threshold question is what is a “communicable disease” for the purpose of qualifying an individual for possible isolation or quarantine? A list of quarantinable communicable diseases is set forth by Executive Order

which can be and is amended from time to time.4 By Executive Order dated July 31, 2014, the list of quarantinable communicable diseases was amended to include “severe acute respiratory syndromes” falling within certain defined parameters. The list also includes “viral hemorrhagic fevers.” A full list of quarantinable communicable diseases may be found on the CDC website. 5 The Ebola virus is a communicable disease.

The statutory basis for the federal government’s authority in this area is 42 USCS §264, which extends plenary rulemaking authority to the Surgeon General, with the approval of the Secretary of Health and Human Services, “to prevent the introduction, transmission, or spread of communicable diseases from foreign countries into the States or possessions, or from one State or possession into any other State or possession.”6 The enabling statute specifically provides for the apprehension, examination, and detention of individuals reasonably believed to be infected with a qualifying communicable disease and coming into a state from a foreign county or from another state. If found to have a communicable disease, such individual may be detained “for such time and in such manner as may reasonably be necessary.”7 Implementing regulations are codified at 42 Code of Federal Regulations, Parts 70 and 71.

The violation by any person of a law or regulation governing quarantine for a communicable disease is punishable by a fine of not more than $1,000 or by imprisonment for not more than one year, or both.8 As discussed below in regard to Tennessee law in this area, the federal government recognizes the individual states have the power and authority to control the spread of disease within their respective borders. Therefore, the federal statute expressly and affirmatively rejects any federal preemption of state law in the field.9 If, however, the Director of the CDC determines measures taken by state or local authorities are insufficient to prevent the interstate spread of communicable disease, he/she may

“take such measures as he/she deems reasonably necessary” to prevent it.10

Conspicuously absent from the federal statutory and regulatory scheme is any affirmative procedure for a pre- or postdeprivation notice and the right to be heard by a judge or magistrate, or any other form of due process safeguards.

The absence of such a provision in the statute and regulations does not mean that such rights are precluded, but it clearly puts the burden on the potential detainee to seek injunctive or other form of extraordinary relief, or perhaps a writ of habeas corpus from a court of law.

State of Tennessee Authority ­The several states have the authority to protect and promote the public health, safety and welfare through the states’ inherent police powers. This certainly extends to taking all reasonable and lawful measures to detect communicable disease and prevent its spread within a state’s borders. The Tennessee laws on the subject matter of quarantine and isolation of persons and premises to prevent the spread of communicable disease are a patchwork of measures and are outdated in some respects. For example, the only diseases specifically named in the relevant Tennessee law and rules are cholera, yellow fever, smallpox, and tuberculosis. Unlike the federal scheme, there is no rule or executive branch document listing of communicable diseases that can be easily and quickly updated. There is a definition of “Communicable Disease” in the Rules of the Department of Health which appears to be broad enough to include the Ebola virus.11 But despite some shortcomings of Tennessee law in this area, it does have an important feature which is lacking in federal law – an affirmative statement and process for a pre-deprivation notice and hearing, and other due process safeguards (discussed below).

Primary authority for implementing and enforcing the quarantine laws in the State of Tennessee is vested with the Commissioner of Health and its

designees.12 Derivative authority is also vested in the “municipal or county health authorities” as directed and prescribed by the Commissioner of Health.13 Pursuant to T.C.A. §68-1201(a) the Commissioner of Health is authorized to: (1) “declare quarantine whenever, in the commissioner’s judgment, the welfare of the public requires it”; (2) promulgate rules and regulations for the prevention of the introduction of “epidemic diseases” into the state; and (3) “carry into effect such rules and regulations as, in the commissioner’s judgment, will, with the least inconvenience to commerce and travel, prevent the spread of the disease.”

Rules implementing the commissioner’s statutory authority are codified at Tenn.

Comp. R. & Regs. Chapter 1200-144. The Rules set forth the “procedures to be followed by the Commissioner, health officers, and their designees, in carrying out disease control enforcement activities involving persons or premises that pose a health threat to others.”14 If the commissioner reasonably believes based upon clinical or epidemiological evidence that a threat health to others from a communicable disease exists, he/she may issue a “health directive.”15

A health directive is a statement, based upon clinical or epidemiological evidence, that such a threat exists, which requires a person to cooperate with health authorities’ efforts to prevent or control transmission of the disease.16 Such cooperative measures may include, without limitation, submitting to medical testing, participation in treatment programs, isolation and/or quarantine, and preventing or restricting access to affected premises.17 The health directive must be individual and specific, and may not be issued to a class of persons.18 The isolation or quarantine may be effectuated in places such as the person’s home or in a medical institution, but in no case may a person be so detained in a correctional facility.19 The individual has a right to appeal the health directive decision to Continued on Page 18  Nashville Bar Journal - November 2014

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CAN I BE DETAINED FOR BEING ILL? Governmental Restrictions on Individual Liberties to Control Communicable Diseases Continued from page 17

the Office of the Chief Medical Officer, and the CMO must issue a decision within five business days of its receipt.

If the subject of a health directive is dissatisfied, or refuses to comply, the commissioner may file a petition for a Public Health Measure with the General Sessions Court of the county where the alleged carrier lives or can be found.20 A public health measure is in essence a health directive that is issued by the General Sessions Court after a hearing. The rules provide for a temporary emergency hold of an individual for up to five days pending a hearing on the merits, which temporary hold may be ordered by the court upon petition of the commissioner supported by affidavit. A temporary hold may be extending for up to a total of fifteen days upon approval of the court.21

The carrier must be served with notice of the petition and hearing at least five days prior to the hearing. The notice must set forth the grounds and underlying facts that demonstrate the carrier poses a health threat to others, the nature of the relief south, and that the relief sought is the least restrictive measure to protect the public health.

The Department of Health has the burden of proving there is a substantial likelihood the carrier or premises poses a health threat to others by clear and convincing evidence.22 The decision of the General Sessions court may be appealed as provided by law for any other civil proceeding, but the court’s decision is not stayed by an appeal, according to the Rule.23 Conclusion The authority to control and prevent the spread of communicable diseases is shared among the federal and state governments. Federal authority is limited to cases of potential international and interstate proliferation while the several states have the authority to control communicable diseases within their borders. The authority of both the federal and state governments includes the power to detain an individual carrier or potential carrier in order to protect the public health safety and welfare.

18

Nashville Bar Journal - November 2014

The federal law in this area is expansive in its scope and includes no affirmative provisions to afford procedural due process for affected citizens. Tennessee law includes more limitations on the discretion of the government to restrict the liberty interests of its citizens, while still allowing the government to take actions to protect the public health, safety and welfare. Importantly, Tennessee law affords fundamental due process protections of notice and an opportunity to be heard by a court of law. 

Jerry W. Taylor is a Member of Stites & Harbison, PLLC, located in the Nashville office.

His practice focuses on health care law,

business transactions and commercial loan transactions. He has practiced health care law in private practice, for government regulatory agencies, and for the Tennessee Attorney General. He is a member of the Nashville Bar Association, Tennessee Bar Association and the American Health Lawyers Association.

(Endnotes) 1 The scope of this writing is limited to individual civilian citizens. Laws regarding the subject matter relating to military personnel, times of war, navigation and aircraft, import/export of goods, animals and a myriad of others is beyond its scope, as is a summary of relevant laws in all 50 states.

CDC, Quarantine and Isolation, http://www.cdc.gov/ quarantine/specificlawsregulations.html (provides links to specific laws and regulations).

2

3

Id.

4

42 C.F.R. §§70.2, 70.6.

CDC, Quarantine and Isolation, http://www.cdc. gov/quarantine/quarantineisolation.html (provides explanation of quarantine and isolation).

5

6

42 U.S.C. §264(a).

7

42 U.S.C. §264(d).

8

42 U.S.C. §271(a).

9

42 U.S.C. §264(e).

10

42 CFR §70.2.

11

Tenn. Comp. R. & Regs. 1200-14-4-.02(6).

12

See, e.gTenn. Code Ann. §68-1-201.

13

Tenn. Code Ann. § 68-5-103.

14

Tenn. Comp. R. & Regs. 1200-14-4-.01.

15

Id. at 1200-14-4-.04(1).

16

Id. at 1200-14-4-.02(10).

17

Id. at 1200-14-4-.04(2).

18

Id. at 1200-14-4-.04(1).

19

Id. at 1200-14-4-.04(2).

20

Id. at 1200-14-4-.04(4), (7).

21

Id. at 1200-14-4-.05.

22

Id. at 1200-14-4-.06(1).

Id. at 1200-14-4-.06(4). The legitimacy of an administrative rule purporting to limit the court’s discretion to issue a stay is dubious.

23

Continued from page 12

In my opinion, the iPhone 6 Plus’s camera is superior, even though its megapixel rating is lower. When tested critically, the iPhone outperforms the Note 4, especially in low-light conditions. The iPhone 6 Plus’s outstanding optical image stabilization functionality makes the difference, and it is an excellent video camera.

Now the most important part. The iPhone 6 Plus provides access to Apple’s App Store. You name the App, and Apple has it, including a fully functional Microsoft Office. It also has the superbly slick operating system that makes it so easy to use. Additionally, Apple has just added Apple Pay functionality to the device. Certainly, the iPhone 6 Plus is unbeatable in terms of its feature set and ease and pleasure of use.

Apple has again delivered a smartphone which is physically attractive and supremely slick to use. It is simply the best and most obvious choice in the phablet marketplace (which is now suddenly crowded).

See you next month, —Bill & Phil

WE HOPE TO SEE ALL NBA MEMBERS THERE! A reception for the general membership is set to begin at 5:30 p.m., with dinner and the program to begin at 7 p.m.

RSVP @ www.nashvillebar.org The passing of the gavel from President Charles Grant, to President-Elect Ed Lanquist, introduction of the NBA officers for 2015, and Award presentations are just a few of the events on the agenda for the evening.

Bring your business card to drop in Sponsor Prize Boxes!

Name:___________________________ BPR#:__________ Phone:_____________ Email:___________________________ Guest:_______________ Member?

Member?  Yes  No Guest:_______________ Member?

Member?  Yes  No Guest:_______________ Member?

Member?  Yes  No Guest:_______________ Member?

Member?  Yes  No $_________ Regular Registration - $99 per person

(received on or before November 26, 2014) $_________ Non-Member or Late Registration - $109

per person (received after November 26, 2014)

$_________ TOTAL (All prices include open bar until

8:00 p.m.)

No Refunds – Only Substitutions after November 26

 Mail Form to:

Nashville Bar Association 150 Fourth Avenue North, Suite 1050 Nashville, TN 37219



Or Fax Form or Call: Fax: 255-3026 - Phone: 242-9272



Or Register Online: www.nashvillebar.org





Total Amount: $__________________________ Credit Card #: ___________________________ Exp. Date: ______________ C V V Code: ________ (three digit code on the back of card)

Billing Address: _____________________________ Signature: _______________________________

Nashville Bar Journal - November 2014

19

Welcoming New Americans – Taking A Pro Bono Naturalization Case Continued from page 15

as long as probation, parole or suspended sentence have been completed, an officer may grant naturalization in his or her discretion.19 LPR applicants have the burden to show they have been and continue to be persons of good moral character for the statutory period and all the way until the oath of allegiance ceremony after naturalization has been approved.20 Conduct outside the look back period may also be considered, as weighed against positive equities such as family ties in the U.S. and community involvement.21 The immigration service looks at the LPR’s immigration file, criminal record, the naturalization application itself, and testimony provided verbally at the interview to make a determination of good moral character. When preparing a naturalization application, a criminal record should prompt a thorough analysis of whether an applicant meets the good moral character requirement. If the applicant answers “yes” to one of the screening questions making up six full pages of the Form N-400, this should also be examined carefully.

People who cannot learn U.S. civics or English due to a medical disability may attempt to have this requirement waived.

25 Some applicants who have been living in the U.S. for many years as LPRs already and who are at least 50 years old may be able to take the test in their own native languages or even be given a “simplified” version on the test.26 The different combinations of ages and required number of years as an LPR are: a) 50 years old; 20 years as LPR – test in native language b) 55 years old; 15 years as LPR – test in native language c) 65 years old; 20 years as LPR – simplified test in native language.

Assisting permanent residents with becoming U.S. citizens really is an important way to exercise our patriotism and honor the history of this country. After reading this summary of the eligibility requirements for naturalization, if you are interested in pro bono work in the clinic setting, contact Camila Fyler at TIRRC (camila@ tnimmigrant.org). 

(Endnotes) This data originates from the U.S. Department of Homeland Security, Office of Immigration Statistics (as processed and refined in collaboration with the Center for the Study of Immigrant Integration at the University of Southern California) and is reported by Rob Paral and Associates, a consulting firm using applied research methods to help service organizations and government agencies understand the communities they serve. See http://robparal.com/NatzEligible/ Naturalize.html.

1

See Tennessee Immigrant & Refugee Rights Coalition, Citizen Program, http://www.tnimmigrant.org/ citizenship/2012/2/20/citizenship-program.html.

2

3

INA § 318.

4

INA § 329(a).

5

INA § 316(a)(1).

6

INA § 319(a).

7

Id.

8

INA § 319(b).

9

INA § 316(a)(1).

10

INA § 334(b).

11

INA § 316(a).

12

INA § 328.

13

INA § 316(a)(3).

14

8 C.F.R. § 316.10(b)(2010).

See the definition of aggravated felony at INA § 101(a)(43).

15

16

INA § 101(a)(48)(A).

See ​Matter of Marroquin​, 23 I​&N​ Dec. 705 (AG 2005).

17

7) Be attached to the principles of the Constitution and be welldisposed to the good order and happiness of the United States.22 8) Be willing to bear arms or perform noncombatant service or work of national importance.23 9) Demonstrate knowledge of the English language, U.S. history, and government.24 For the English language test, an applicant must show elementary-level reading, writing, and understanding of English. The U.S. civics exam is tough, but hopefully lawyers would do pretty well. Test your mettle with a self-test if you would like at http://www.uscis.gov/citizenship/quiz/ learners/study-test/study-materials-civicstest/naturalization-self-test-1.

20

Nashville Bar Journal - November 2014

Rose Hernandez is a Partner at Saev Hernandez Immigration Practice, PLLC (www.shipimmigration.com).

She is a graduate of Vanderbilt University Law School and has practiced immigration law in Nashville for seven years. Her practice is focused on corporate and business immigration, complex citizenship matters including expedited naturalization for military spouses and spouses of U.S. citizens employed abroad, derivative citizenship, and visas for victims of certain crimes.

Ms. Hernandez is the supervising attorney for the Tennessee Immigrant and Refugee Rights Coalition (TIRRC) Welcoming Tennessee Naturalization Clinics.

18

8 CFR § 316.10(c)(1).

19

Id.

20

8 C.F.R. § 316.10(a)(1).

21

​INA 316(e)​; 8 CFR 316.10(a​)(​2).

22

INA § 316(a)(3).

23

INA § 337(a)(5)(A)-(C).

24

INA § 312.

25

INA § 312(b)(1).

26

INA § 312(b).

YOU CHOOSE THE CHECKING WE’LL PAY YOUR NBA DUES Open a First Tennessee checking account with direct deposit, and we’ll pay your Nashville Bar Association membership dues (currently a $245 value) for one year. We have several great checking options you can choose – each available with the convenience of free Banking Online and Mobile Banking.

Learn more at FTB.com/checking or present this ad at any financial center in Middle Tennessee. See terms and conditions below for offer details.*

*

Terms and Conditions: Offer valid for enrollment of Nashville Bar Association membership year beginning November 1, 2014. Offer expires December 31, 2014. You must present this printed offer at a financial center in Middle Tennessee when you open your checking account. Minimum opening deposit is $100, and cannot be transferred from an existing First Tennessee account.

Cannot be combined with other checking offers or promotions. Accounts opened online are not eligible . You must be a new checking household, which means that no member of your immediate household has had an open First Tennessee consumer checking account in the previous 12 months. A direct deposit must post to this account within 60 days. You agree to maintain the account in good standing for at least 6 months. If you meet the conditions of this offer, you will receive a voucher in the mail within 6 weeks of your first direct deposit. You will be able to present this voucher to the Nashville Bar Association. The Association will then return it to us, and we will pay to them your dues for your one year of NBA membership. Upon delivery of the voucher to you, First Tennessee is required to report the $245 value as interest income on Form 1099-INT. This voucher is non-transferable, cannot be redeemed for cash or any alternative bonus, and must be presented by you to the Association by March 31, 2015.

FSR: Use promo code NBADUE. ©2014 First Tennessee Bank National Association. Member FDIC.

Nashville Bar Journal - November 2014

21

Disclosure Margaret Behm, principal at Dodson, Parker, Behm and Capparella, P.C., will serve as the 2015 campaign chair of the Campaign for Equal Justice for the Legal Aid Society of Middle Tennessee and the Cumberlands. “It is my honor and privilege to lead Legal Aid Society’s Campaign for Equal Justice for the coming year,” Behm said. “I started my career with Legal Aid Society, so I know firsthand the life-changing hope that fairness and justice under the law can bring a family.

With more than 18,000 requests for assistance last year, I will make every effort to support Legal Aid Society’s mission to assist more low-income Tennesseans through free legal help.”

Joshua Burgener has joined Dickinson Wright as an associate attorney. Burgener earned his juris doctor from Vanderbilt University Law School in 2010. Throughout his educational career and professional practice, he has pursued opportunities to serve the community through Legal Aid Society of Middle Tennessee and the Cumberlands, the Tomorrow Fund and the Tennessee Justice Center.

Michael Lewis has joined Dickinson Wright as an associate attorney. Lewis previously worked for Dickinson Wright as a summer associate in the Nashville office.

In addition to his time at the firm, Lewis gained experience as a judicial intern for Tennessee Supreme Court Justice William C. Koch, Jr. Lewis graduated from Wake Forest University School of Law, where he served as Articles Editor on the Wake Forest Law Review. During more than six years of service as an officer in the U.S. Army, Lewis earned numerous military awards, including the bronze star medal.

He served in a variety of military positions between 2004 and 2010, including tours of duty in Iraq and Korea.

22

Nashville Bar Journal - November 2014

\Dis*clo”sure\ (n) The act of revealing, releasing or bringing to light relevant information concerning NBA Members & Staff. n Announcements n Kudos n People on the Move n Firm News Jeana Hendrix has been named assistant general counsel for the Tennessee Administrative Office of the Courts. In this role, she will be tracking proposed legislation, preparing fiscal notes, providing legal and procedural advice, and preparing judicial publications, reports and manuals as well as participating as legal staff support for task forces, commissions, committees. Hendrix earned a JD at the Nashville School of Law and holds a bachelor’s degree from the University of North Alabama.

Thomas (Trey) R. Frazer III has joined Bone McAllester Norton PLLC. Frazer focuses his practice on commercial litigation, product liability, antitrust violations and intellectual property law. He is an alumnus of Cumberland School of Law, where he served as the Research and Writing Editor of the American Journal of Trial Advocacy. He was awarded the Scholar of Merit for his outstanding work in Civil Procedure. Mr. Frazer also studied law abroad at Cambridge University in England.

Johanna F. Ellison has joined Fowler Bell PLLC as Of Counsel. Her focus will be within the firm’s Workers’ Compensation, Litigation and Employment Law Groups by representing employers, insurance adjusters, small businesses and national corporations.

Ellison’s practice specializes in assisting and representing employers in all phases of the workers’ compensation process and brings a fresh, creative approach to a sometimes confusing process for businesses.

Nashville Bar Association members may send Disclosure announcements via email to nikki.gray@nashvillebar.org Submissions are subject to editing.

n

Scott M. Brown has joined Fowler Bell PLLC as Of Counsel. His focus will be within the firm’s Workers’ Compensation, Litigation and Commercial & Business Law Groups. Brown’s practice specializes in evaluating, litigating, and settling workers’ compensation claims, medical disputes and subrogation matters for employers and their insurers. Also, he has experience assisting business owners with the creation of business entities, drafting and negotiating contracts, and advising on litigation matters.

Thomas M. Donnell, Jr., its managing attorney with Dickinson Wright PLLC, has been honored as a Nashville Business Journal 2014 “Most Admired CEO”. Donnell is one of two winners in the “Local Office or Operation” category of the awards, which recognizes top local executives of national companies. To receive this honor, the Nashville Business Journal solicited nominations from the public, and nominees then voted on one another by category.

--------------------------------------------------The American Bar Association’s Section of Litigation Legal Services Access to Justice Committee has awarded Legal Aid Society of Middle Tennessee and the Cumberlands a $5,000 Justice Assistance Fund Grant. The money will be used to expand and deepen relationships with rural attorneys, private law firms, government agencies and private businesses for Legal Aid Society’s Volunteer Lawyers Program as well as to expand its Campaign for Equal Justice.

Welcome New NBA Members!

2015 NBA Premier Members:

Neil Alden Burr & Forman LLP*

Anita Modak-Truran Butler Snow, LLP*

Taylor James Ashley Bass, Berry & Sims PLC

Sarah Murray Baker, Donelson, Bearman, Caldwell & Berkowitz, PC*

Alice Bohannon Dustin Carlton Bass, Berry & Sims PLC

Kathryn Blair Ostrander Baker, Donelson, Bearman, Caldwell & Berkowitz, PC*

Martha B. Davis Cleeton Davis Court Reporters, LLS+C

Casey McCluskey Parker Baker, Donelson, Bearman, Caldwell & Berkowitz, PC*

Carl Thomas Eppler Wyatt, Tarrant & Combs, LLP Becky Francis Cornelius & Collins, LLP*

Richard Parker Bass, Berry & Sims PLC Jeremiah Pierce

Andrea S. Freeman Ortale, Kelley, Herbert & Crawford*

Jennifer Marie Provost Cole Law Group

Chaucey Fuller 2 0th Jud. Dist. Pub. Def. Office

Phylinda Lorene Ramsey Constangy, Brooks & Smith, LLP

Sarah Gritton Law Office of Bruce H. Phillips, PLLC

Holly Rhea Burr & Forman LLP*

Thomas Hall

Todd J. Rolapp Bass, Berry & Sims PLC

Parker Scott Hanks Butler Snow, LLP* Emily Ann Herbert Metropolitan Public Defender Alexandria Elaine Howard Adams and Reese LLP* Miller Kelly Hunt Taylor, Pigue, Marchetti & Blair PLLC* Mallorie Kerby

Will Kerby

Jessica Kinnard

M. Ryder Lee Walker, Tipps & Malone, PLC* Sarah Graham McGee Metropolitan Public Defender

Adelee Traylor Seidel Butler Snow, LLP* Kimberly D. Simpson J. Dana Slater Peggy R. Smith The Law Office of Martin Sir & Associates Jena R. Story Kelley Strange Cole Law Group Jimmie Bizet Strong Baker, Donelson, Bearman, Caldwell & Berkowitz, PC* Kaitlyn Elizabeth Tucker Cole Law Group

Joe P. Binkley Jr. Joe B. Brown John Ray Clemmons Michael Clemons Dixie W. Cooper Virginia Chase Crocker John Franklin Floyd John J. Griffin Jr. Paul T. Housch Michael F. Jameson William C. Koch Jr. Carol L. McCoy Marlene Eskind Moses Michael I. Mossman Edgar M. Rothschild III Maria M. Salas Peter Weiss Thomas V. White NBA Premier Membership is a special category that recognizes our members who desire to demonstrate the utmost in commitment and support to the NBA Programs & Services. Contact Vicki Shoulders (615.242.9272, vicki.shoulders@nashvillebar.org).

Dial-A-Lawyer is held the first Tuesday of each month. The public is invited to call in with basic legal questions.

To volunteer your time, please contact Wendy Cozby, LRIS Coordinator at wendy.cozby@nashvillebar.org or 242-9272. Pro Bono credit does apply and dinner will be provided.

October Volunteers:

David Cooper Helen Cornell James Coutts Gina Crawley Tom Lawless Joe Rusnak

* 100% Club

Nashville Bar Journal - November 2014

23

Classifieds

Golf Getaway: The Cottages at Olde Stone Bowling Green, Kentucky Arthur Hills Signature Course 3 BR – 3 ½ baths – Full kitchen – Grill Screened porch on 9th Fairway Dining – Tennis – Resort Pool/ Hot Tub – Fitness Center Contact Amy Gilmet: (502)357-1901

Germantown Office space for rent. Family association of attorneys in general practice. Restored historic house near Bicentennial Mall and the new Sounds stadium in Sulphur Dell. Large office available, and virtual office offered. Shared conference room, kitchen with free onsite parking. Call 615256-6681, ext 3

Expert Witness

Downtown Office condos for Lease or Sale. 500 to 2500 sq. feet. 501 Union Street, 5th floor. Near Legislative Plaza. Call Lynne at (615) 259-1550.

Legal Nurse Consulting Handling cases with medically related aspects? Best Practice Legal Nurse Consulting can help you with superior case preparation. Best Practice can screen cases for merit, find expert witnesses, write summaries and chronologies of medical records, along with other services. Contact Lisa at 615-481-5047 or visit bplnc.com for more information.

For Sale or Lease Historic Office Bldg. For Sale or Lease: .8 Acres, corner lot with traffic light. 3400 sq. ft.

12 minutes from Courthouse, ample parking and ample on-site storage. Quick access to Opryland, Airport, hospital, and all interstates. 1215 Gallatin Rd. S. Contact Steve North, 615-860-7644; stevenorth@comcast.net

Would You Put That In Writing?

Certified Forensic Document Examiner Handwriting Identification & Analysis Expert Witness – 30 Years of Experience Qualified in Federal, State and Local Courts High Level of Professionalism Strict Rules on Client Confidentiality Delivery Deadline Observed Marty Pearce, CDE, CGA E-mail: martypearce@comcast.net 615-884-0363 or 888-640-1001

APPELLATE BRIEFS and ARGUMENT THOMAS F. BLOOM, J.D. (Emory 1977) (615) 260-5952; www.bloomappeals.com Retained by attorneys throughout the State for 29 years to draft briefs and/or argue cases in over 400 appeals, State and Federal. Research assistance also available.

Quality Guaranteed at reasonable cost. References available upon request.

Visit the NBA's Career Center & Get Started Today: http://jobs.nashvillebar.org/home Employers:

Job Seekers:

- Place your job in front of our highly qualified members

- Search for & quickly apply to great, relevant jobs

- Set up Job Alerts so you are immediately notified any time a job is posted that matches your skills or interests

- Manage jobs and applicant activity right on - Create an anonymous job seeker profile our site or upload your anonymous resume so - Limit applicants only to those who are qualified employers can find you - Fill your jobs more quickly with great talent

24

Nashville Bar Journal - November 2014

ABA Retirement Fund................Front Cover Elder Law Practice of Timothy L. Takacs .................................................... Back Cover IPSCO ............................. Inside Back Cover First Tennessee Bank ................................. 20 Cornelus & Collins LLP ............Front Cover NBA Banquet Registration Form................ 19 NBA Career Center .................................. 24 Thomas F. Bloom, JD ............................... 24

Would You Put That In Writing? ©

2 Blocks from courthouse Class A office space for rent in trendy residential area 2 blocks from courthouse. Three attorney offices. Traditional style with hardwood floors throughout, wide molding, exotic granite countertops & elegant alabaster sconce lights. Includes lobby, conference room, work room, two large secretarial stations, kitchinette and telephone system. Free parking. Covered parking available.

Contact Carl Neuhoff, HND Realty LLC. 297-7711 / 390-6186 / c.neuhoff @hndllc.com

- Search our resume database of qualified candidates

Advertiser Index

- Access job searching tools and tips

Should You Join the NBA LRIS? LRIS Markets & Advertises Your Services When you join the NBA LRIS,

your practice benefits from the LRIS’ marketing and advertising programs. Currently, LRIS reaches potential clients through advertising in the Yellow Pages in various telephone directories throughout the state. Clients are referred to us through a variety of sources including the courts, Office of the Attorney General, employee assistance programs, other Bar Associations and the Social Security Administration. Also, our on-line presence attracts clients nationwide.

JOIN NOW Contact: Wendy Cozby, LRIS Coordinator (615) 242-9272 | wendy.cozby@nashvillebar.org The NBA Lawyer Referral & Information Service is the Exclusive Referral Service for the Nashville Bar Association.

Advertising: Contact Tina Ashford at (615) 242-9272 or tina.ashford@nashvillebar.org Classified Advertising: Rates: $75 for the first 50 words and $1 for each additional word.

Available Sections: Expert Witness, For Sale, Forensic Document Examiner, Technical Support Services, Office Space, Litigation Services, Office Sharing, Vacation Rentals and Accounting.

Display Advertising: Full and Half Page color and black & white advertisements. Quarter and Eighth Page black & white advertisements. Please contact Tina Ashford for a display advertising quote.

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Who will care for him when I’m no longer able to?

Elder Law Practice of Timothy L. Takacs offers the services your clients need to respond to the legal, financial and caregiving challenges created by a loved one’s disability.

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