Media Mentions

2008

Stephen W. Bernstein was quoted in the February 2008 issue of Briefings on HIPAA in an article regarding healthcare organizations facing the prospect of preemptive, third-party compliance evaluations because PricewaterhouseCoopers has contracted with CMS to conduct security audits of covered entities.  "Because the scrutiny rule's implementation specifications are generally more technical and more apparently to employees than the privacy requirements, expect more feedback about security policies and procedures from staff members than from patients," Mr. Bernstein said.

Stephen W. Bernstein, Health, HIPAA


Stephen W. Bernstein and Jennifer S. Geetter were quoted in the February 1 issue of Mass High Tech in an article regarding the state of Massachusetts funding stem cell research.  "States see it as a hot new thing, and that's debatable.  But in Massachusetts we have all the raw expertise and can use legislation to springboard what's already here," Mr. Bernstein said.  "State programs can clarify legal aspects.  It's an opportunity for states to clear up any state regulations which may impede stem cell research.  State privacy laws are a patchwork, and you can get tangled in ways the legislation didn't intend," Ms. Geeter said.

Stephen W. Bernstein, Jennifer S. Geetter, Health, Life Sciences & Medical Devices, Life Sciences - Health


2007

Stephen Bernstein was quoted in the April 30 issue of The National Law Journal on law firms' involvement in the BIO conference in Boston.  Mr. Bernstein mentioned the Firm's involvement in the conference as chairs of panel discussions, "We have gone for the substance of what the conference is about," and he also mentioned the Firm's evening reception.

Stephen W. Bernstein, Health, Life Sciences & Medical Devices


Stephen Bernstein was mentioned in the April 13 edition of Government Health IT on American Health Information Community's apparent considering of applying HIPAA to Regional Health Information Organizations and questioning the appropriateness of such an extension.  "It might be difficult to determine which portions of the HIPAA rules apply, given the variations among exchange organizations," Mr. Bernstein said.

Stephen W. Bernstein, Government Strategies, Health, HIPAA


McDermott was mentioned on page one of the Sunday, February 25 Boston Globe in regard to assisting pro bono client Bedside Advocates.  Toby Kusmer, Stephen Bernstein and Kaley Klanica comprise our pro bono team.

Stephen W. Bernstein, Toby H. Kusmer PC, Pro Bono


2006

Stephen Bernstein was quoted by the Boston Business Journal on December 4 in an article regarding the growth of Boston's top five venture capital-backed pharmaceutical start-up companies.  "In Massachusetts, part of the reason this sector is hot is that there is good clustering of companies, academia and capital," Mr. Bernstein said.  "The markets are doing quite well and there's a lot of capital chasing a number of companies positioned in that three-to-five-year window when return is expected."

Stephen W. Bernstein, Health, Life Sciences & Medical Devices


Stephen Bernstein, Bernadette Broccolo and Heidi Echols were quoted in the August 24 issue of BNA's Health Law Reporter.  Ms. Broccolo commented, "I'm not sure the government entirely realizes how big a task it's taken on for itself, but I do applaud the meaningful progress these regulations represent."  Ms. Echols and Mr. Bernstein described the hurdles to implementing the 15 percent cost-sharing provision in the electronic health records exception.  "A hospital licenses a software package for an unlimited number of users who fit within a certain category or meet certain criteria so when it rolls it out it is hard to know what the precise cost will be per person," Ms. Echols said.  Mr. Bernstein added, "There may be things hospital donors want to pay for and there may be things that they don't.  There also may be things they are precluded from paying for that are still rolled into the package."

Stephen W. Bernstein, Bernadette M. Broccolo, Heidi Y. Echols, Health


2003

Stephen Bernstein was quoted in The Wall Street Journal on April 24 in an article addressing how HIPAA may be getting in the way of health care.  Mr. Bernstein commented that many doctors don't realize that HIPAA actually provides "a fair degree of flexibility to share health information with the patient, share it with other providers for treatment, share it with health plans for payment, and share it with other parties subject to certain agreements."

Stephen W. Bernstein, Health, HIPAA


Stephen Bernstein was quoted in the Wall Street Journal on April 24 in an article addressing how HIPAA may be getting in the way of health care.  Mr. Bernstein commented that many doctors don't realize that HIPAA actually provides "a fair degree of flexibility to share health information with the patient, share it with other providers for treatment, share it with health plans for payment, and share it with other parties subject to certain agreements."

Stephen W. Bernstein, Health, HIPAA


Stephen Bernstein was quoted in the April 14 issue of Lawyers Weekly USA regarding how lawyers must change their ways to conform with HIPAA.  One issue lawyers have to deal with is the process by which medical records are obtained and shared.  Mr. Bernstein commented that depending on the jurisdiction, state privacy laws could afford the patient more or less access to records than HIPAA does, which could partially preempt the federal regulations, and attorneys need to be comfortable with the interplay.  "HIPAA creates a floor - a minimum level of privacy," he mentioned.

Stephen W. Bernstein, Health, HIPAA


Stephen Bernstein was quoted in the April 1 issue of The Washington Post in an article addressing the use of e-mail by doctors.  The article reported on the increased usage of e-mail as a communication tool for doctors and their patients, and it described some of the pros and cons of this new method of communication, including privacy issues.  Mr. Bernstein commented on how HIPAA compliance will call for the need of doctors to ask for patients' authorization before sending e-mail.

Stephen W. Bernstein, Health, HIPAA


Stephen Bernstein was quoted in the April 1 issue of The Washington Post in an article addressing the use of e-mail by doctors.  The article reported on the increased usage of e-mail as a communication tool for doctors and their patients, and it described some of the pros and cons of this new method of communication, including privacy issues.  Mr. Bernstein commented on how HIPAA compliance will call for the need of doctors to ask for patients' authorization before sending e-mail.

Stephen W. Bernstein, Health, HIPAA


Stephen Bernstein was quoted in the February 2003 issue of PharmaVOICE, in an article entitled "Piecing Together the Privacy Puzzle," regarding the effect of HIPAA on the pharmaceutical industry.

Stephen W. Bernstein, Health, HIPAA


2002

Stephen Bernstein was interviewed regarding medical privacy on Here & Now, a National Public Radio program that aired on July 3. In the interview, which addressed HIPAA, Mr. Bernstein commented that the new HIPAA regulations are intended to and should help foster a more complete dialogue between patients and their health care providers about how health information is received, used and re-disclosed, and establish a baseline for consumer expectations regarding the privacy of their medical information.

Stephen W. Bernstein, Health, HIPAA


Stephen Bernstein was quoted in the May 7 issue of InfoWorld Daily News in regard to how biotechnology companies are preparing for the HIPAA deadline. According to Mr. Bernstein HIPAA has not been a top priority. "For the most part, biotechnology companies are not covered entities, but there area number of hidden traps and pitfalls, where some companies may be covered entities or hybrids," he commented.

Stephen W. Bernstein, Health, HIPAA, Life Sciences & Medical Devices


Stephen Bernstein was quoted in the May 2002 issue of Health Information Compliance Alert regarding the impact of HIPAA on clinical labs and temporary employees.

Stephen W. Bernstein, Health, HIPAA

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McDermott Will and Emery