New Jersey Law Journal Article

Please see today's New Jersey Law Journal for an article titled “Document Your Electronic Medical Records"

1:24 PM links to this post   

Kenneth Rashbaum's Biography

Kenneth N. Rashbaum counsels corporations on federal and state compliance and advises hospitals and physicians on privacy issues such as the requirements of the Health Insurance Portability and Accountability Act (HIPAA), including gap analysis, training, preparation of notices and business associate agreements and implementation of compliance plans.

Mr. Rashbaum has successfully litigated disputes involving age, sex, race and gender discrimination, as well as a variety of claims brought under ERISA. His practice includes counseling, training and advice to employers regarding labor and employment and ERISA issues and preparation of release agreements for companies undergoing restructuring.

In addition, Mr. Rashbaum has defended products liability matters involving medical devices, pharmaceuticals, construction equipment, automotive components and power tools. He has also defended cases involving claims of death from allegedly negligent surgical techniques in organ transplants, cardiovascular procedures and neurosurgery, and brain injury from birth trauma, administration of anesthesia and emergency services treatment.

Affiliations, Activities and Accomplishments
Mr. Rashbaum’s experience includes various alternative dispute resolution proceedings, including mediation, and he was designated by the Appellate Division of the State of New York to serve as the attorney member on several medical malpractice mediation panels.

Mr. Rashbaum is a member of WESFACCA (Westchester/Southern Connecticut Chapter of the Association of Corporate Counsel), the American Bar Association, the American Society for Healthcare Risk Management and the New York State Bar Association. He is on the Board of Editors of the Journal of Privacy and Data Security Law, a publication geared toward in-house counsel and senior executives at financial services institutions.

Following graduation from law school, Mr. Rashbaum served as an assistant district attorney in Kngs County, New York, until 1981, at which time he entered civil practice. As an assistant district attorney, he successfully prosecuted career criminals accused of homicides and other violent elonies.

Presentations and Publications
Mr. Rashbaum's publications include:

• “The Mouse That Roared: Outside Directors’ Liabilities in the Post-Disney Era,” distributed at the International Association of Defense Counsel’s Corporate Counsel College: Leadership in the Face of Corporate Crisis (April 2006);
• “Don’t Let the Computer Eat the E-Mail: Electronic Document Preservation Under the Coming Sarbanes-Oxley Requirements,” ABA Health eSource (March 2006);
• "Document Your Electronic Medical Records,” New Jersey Law Journal (Health Care Supplement) (December 12, 2005);
• “Beyond HIPAA: Data Security Breach Laws Mandate Security and Written Electronic Health Data Management Policies,” Sedgwick’s Healthcare Law Newsletter (Fall 2005);
• “State Law Challenges in Managed Care,” Chapter 4 of "Managed Care Litigation" (September 2005), published by the Bureau of National Affairs, Inc. (coauthored with members of Sedgwick’s Healthcare Practice Group);
• “Medical Information Discovery in the Digital Age,” ABA Health eSource (June 2005), published by the American Bar Association Health Law Section;
• “A Call for Federal Immunity to Protect Health Care Employers – and Patients,” Journal of Healthcare Risk Management (Spring 2005), published by ASHRM (American Society for Healthcare Risk Management) (coauthored with members of the ASHRM 2004 Advocacy Task Force);
• “Can Offshore Outsourcing Be a Source of Privacy Claims?”, Healthcare Resource & Materials Management News (November/December 2004), published by AHRMM (the Association for Healthcare Resource & Materials Management of the American Hospital Association);
• “Shadow in the Courtroom: Confronting the Death in a Wrongful Death Trial,” Trials & Tribulations (Fall 2004), published by the Defense Research Institute’s Trial Tactics Committee;
• “Offshore Outsourcing of Health Data Services,” The Health Lawyer (August 2004), published by the American Bar Association Health Law Section;
• "Use of Medical Information for Adverse Employment Decisions: A New Cause of Action?" The Job Description (Winter 2004), published by DRI (Defense Research Institute);
• "Reviewing Discovery Under HIPAA Privacy Rules," New York Law Journal (August 17, 2001); and
• "The Patient Health Information and Quality Improvement Act of 2000: Health Care Consumer Beware — or Befuddled?", Mealey’s Managed Care Liability Report (December 8, 2000).

Mr. Rashbaum has lectured and written extensively on preservation of confidential electronic data. He has also provided in-service seminars to various hospitals on topics such as the HIPAA privacy and security standards, confidentiality of psychiatric clinic records, advance directives, informed consent and the reporting and documentation requirements of the New York Patient Health Information and Quality Improvement Act of 2000. He also lectures on risk management issues to physicians, nurses and other healthcare professionals. Mr. Rashbaum’s presentations include:

• “Managing the Risk of Using E-Mail, E-Mail Retention Policies and E-Mail Discovery Issues,” presented at LexisNexis Mealey's E-Mail Discovery & Retention Policies Conference (May 2006);
• “Electronic Health Information, Document Management and Discovery,” presented to the Montefiore Medical Center Board of Directors and at the Bronx-Lebanon Hospital Center’s Department Chiefs meeting (April 2006);
• "Impact of the Federal HIPAA Regulations on No-Fault Litigation,” panel presentation for New York City civil court judges and members of the New York County Lawyers’ Association’s Civil Court Practice Section, Tort Law Section and Insurance Law Committee (April 2006);
• “Offshore Outsourcing: Privacy and Public Perception Issues,” presented as part of panel discussion, International Outsourcing: An Interactive Discussion of the Key Legal and Business Issues, during the ABA Section of International Law’s 2006 Spring Meeting (April 2006);
• “Fasten Your Seatbelts! Electronic Health Information, Document Management and Discovery,” presented to risk managers from Mount Sinai Medical Center, Montefiore Medical Center, Bronx-Lebanon Hospital Center, Beth Israel Medical Center Center and Maimonides Medical Center and to senior executives of the Federation of Jewish Philanthropies Service Corporation (January 2006);
• “Codifying the Trend: Proposed E-Discovery Amendments to the Federal Rules of Civil Procedure,” presented with cospeaker, Hon. Ronald J. Hedges, U.S. Magistrate Judge (U.S. District Court, District of New Jersey), as part of the Directors Roundtable seminar, Understanding the New Revolution in Compliance & Litigation: Electronic Records Management & Discovery (January 2006);
• “Codifying the Trend: Proposed E-Discovery Amendments to the Federal Rules of Civil Procedure,” presented as part of seminar, Understanding the New Revolution in Compliance & Litigation: Electronic Records Management & Discovery, cosponsored by Sedgwick and Kroll Ontrack Inc. in Los Angeles and San Francisco (November 2005);
• “The Digital Maelstrom: Confidentiality, Preservation and Disclosure of Electronic Health Data,” presented at Columbia University’s Mailman School of Public Health (November 2005);
• “Forensic Risk Management: Monitoring and Reporting Employee Misconduct,” ASHRM (American Society for Healthcare Risk Management) Annual Conference & Exhibition (October 2005);
• “Fasten Your Seatbelts! Electronic Health Information, Document Management and Discovery,” presented at the American Bar Association (ABA) Health Law Section’s Managed Care & Insurance Interest Group meeting during the ABA’s 2005 Washington Healthcare Summit (October 2005);
• “Fasten Your Seatbelts! Electronic Health Information, Document Management and Discovery,” presented during 2005 Managed Care Seminar in Hartford, CT (September 2005);
• “Personal Asset Vulnerability: Do You Still Want to Be a Director – Despite Increased Responsibility, Static Compensation and Heightened Regulatory Scrutiny?”, presentation before in-house counsel, cosponsored with WESFACCA (Westchester/Southern Connecticut Chapter of the Association of Corporate Counsel) (September 2005);
• “Electronic Medical Records and Risk Management,” presented at the Weiler Hospital, Albert Einstein College of Medicine (July 2005);
• “Codifying the Trend: Proposed E-Discovery Amendments to the Federal Rules of Civil Procedure,” presented as part of the Directors Roundtable seminar, Understanding the New Revolution in Compliance & Litigation: Electronic Records Management & Discovery (June 2005) and Electronic Discovery and Electronic Records Retention (February 2005);
• “Still Want to Be a Director? Outside Directors' Liabilities and Company Risk in the Sarbanes-Oxley Era,” presented before the Santa Clara County Bar Association (June 2005);
• “Medical Evidence vs. Medical Confidentiality in Child Abuse Investigation and Prosecution,” presented before the New York City Mayor's Child Abuse Task Force (April 2005);
• Panelist, “Managing Consultant and Vendor Relationships in the Era of Electronic Health Information,” a 90-minute teleconference and live audio Webcast sponsored by the American Bar Association (ABA) Health Law Section and the ABA Center for Continuing Legal Education (February 2005);
• “Labor and Employment Law Legal Research,” presentation at Legal Research: The Practical Ins and Outs of Research for Employment & Labor Law, Products Liability, Commercial Litigation, Antitrust and Bankruptcy, cosponsored with WESFACCA (Westchester/Southern Connecticut Chapter of the Association of Corporate Counsel) (November 2004);
• “Monitoring the Use of Office Technology,” seminar on electronic discovery and employer practices regarding employee use of office technology; cosponsored with WESFACCA (Westchester/Southern Connecticut Chapter of the Association of Corporate Counsel) (October 2004); and
• “The New Juggling Act: Reporting and Presenting Audit Results While Keeping Up With Mergers, Acquisitions and Offshore Outsourcing,” presented at the Auditing Roundtable's 2004 Fall Meeting and Exposition: The Role and Practice of EHS Auditing in a New Era of Corporate Governance and Management Systems (September 2004).

Education
Mr. Rashbaum received his B.A. degree (1975), summa cum laude, from the State University of New York, College at New Paltz. His J.D. degree (1978) was conferred by Hofstra University School of Law.

8:12 AM links to this post