"Gone Too Far: Federal Regulation of Health Care Attorneys" examines the propriety of Congress's decision to extend the application of the HIPAA Privacy Rule to outside counsel who represent health industry clients. As background, outside health care counsel frequently obtain medical records, billing records, health insurance claims records, and other records containing individually identifiable health information in the course of representing health industry clients in medical malpractice, licensure, certification, accreditation, fraud and abuse, peer review, and other civil, criminal, and administrative health law matters. "Gone Too Far" is the first to argue that state rules of professional conduct, not federal health information confidentiality regulations, should govern outside health care counsel’s use and disclosure of confidential client information.
"Conflicts of Interest in Health Care and Health Law" compares and contrasts illustrative conflicts of interest that arise in the contexts of clinical medicine, human subjects research, and the practice of health law. After identifying strengths and weaknesses in state and federal provisions designed to manage such conflicts, the article proposes revisions to federal regulations governing human subjects research and State Rules of Professional Conduct.
