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Saturday, October 13, 2012

Professor Tovino Places New Articles in the Oregon Law Review and the Penn State Law Review

Professor Stacey Tovino has placed two new law review articles for publication. The first article, "Gone Too Far: Federal Regulation of Health Care Attorneys," will appear in volume 91 of the Oregon Law Review in spring 2013. The second article, "Conflicts of Interest in Health Care and Health Law," will appear in volume 117 of the Penn State Law Review also in spring 2013.

"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.