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Saturday, September 23, 2006

NJ Laws Newsletter E216 June 4, 2006

NJ Laws email newsletter June 4, 2006 E216
In this issue:
1- Fractures and broken bones in Accidents
2. Federal Health Privacy Law (HIPAA)- Prepare a new Power of Attorney and Living Will
3 Recent cases "Unconditional" guilty plea barred appeal
4. new webpage School Random Drug Permissible. Joye v. Hunterdon Central Bd. of Educ.

1- Fractures and broken bones in Accidents
New article on website www.njlaws.com:
Fracture vs a Break? Despite what you may have heard, a broken bone is not worse than a fracture, they both mean the same thing. In fact, the word fracture, according to the Oxford English Dictionary is defined as "the act of being broken." There are different types of fractures and broken bones, but these words mean the same thing!. See http://orthopedics.about.com/cs/otherfractures/a/fracture.htm

Fractures happen because an area of bone is not able to support the energy placed on it (quite obvious, but it becomes more complicated). Therefore, there are two critical factors in determining why a fracture occurs: * the energy of the event

* the strength of the bone

Treatment of Broken Bones

Fracture Treatment Bone is constantly in a state of turnover, even when not damaged or injured. We continually absorb and replace the cells that make up our bones. Because of this natural turnover, the process of healing bone also comes about quite naturally.

However, in order for a fracture to heal as well as possible, a good reduction, or placement, of the bones must be attained.

According to http://orthopedics.about.com, when doctors talk about reduction or a fracture, or reducing the broken bone, they are talking about improving the alignment of the broken ends of the bone. In most cases reducing a fracture involves placing the broken bone in a cast, often after a little pulling and tugging to achieve improved alignment. If the reduction cannot be satisfactorily achieved (meaning the alignment is either not adequate or not sufficiently stable), then a further procedure may be necessary.

This usually means surgery with fixation of the bone with pins, plates, screws or rods.

One potential complication of fracture treatment is either a mal-union or non-union of bone. This problem is more common in elderly individuals and in people who sustain more severe fractures. In the case of some fractures (e.g. hip fracture in elderly) the rate of non-union is high enough that instead of trying to heal the bone, the damaged segment of bone is replaced (e.g. hip replacement). See http://orthopedics.about.com/cs/otherfractures/a/fracture_2.htm

The treatment of a specific fracture is too complicated to be discussed in a general overview of broken bones, but depends on factors such as:

* Location of the fracture * Severity of angulation or deformity * Potential for healing * Other injuries * Age and activity level of the patient * And many more factors.... In order to understand your treatment, and the options you may have for treatment, you need to discuss your fracture with your doctor. Because treatments are individualized based on the patient, the x-ray appearance of the fracture, and the other factors mentioned, each case must be treated individually.

Underlying Problems The most common cause of fractures is due to trauma.

More information on our new article: Fractures and broken bones in Accidents


Kenneth Vercammen's Law Office handles accident cases involving broken bones.

2. Federal Health Privacy Law (HIPAA)- Prepare a new Power of Attorney and Living Will

The federal regulation known as the Health Insurance Portability and Accountability Act (HIPAA) was adopted regarding disclosure of individually identifiable health information. This necessitated the addition of a special release and consent authority to all healthcare providers before medical information will be released to agents and interested persons of the patients. The effects of HIPAA are far reaching, and can render previously executed estate planning documents useless, without properly executed amendments, specifically addressing these issues. As HIPAA affects not only new documents, any previously executed documents are affected as well.

Any previously executed Powers of Attorney, Living Wills, Revocable Living Trusts, and certainly all Medical Directives now require HIPAA amendments.

The following information was provided by the American Medical Association (AMA).

Today, state and federal laws also attempt to ensure the confidentiality of this sensitive information.
The federal government recently published regulations designed to protect the privacy of your health information. This “privacy rule” protects health information that is maintained by physicians, hospitals, other health care providers and health plans. As of 2003, your physician will need to comply with the privacy rule’s standards for protecting the confidentiality of your health information.

This new regulation protects virtually all patients regardless of where they live or where they receive their health care. Every time you see a physician, are admitted to the hospital, fill a prescription, or send a claim to a health plan, your physician, the hospital and health plan will need to consider the privacy rule. All health information including paper records, oral communications, and electronic formats (such as e-mail) are protected by the privacy rule.

New national health information privacy standards have been issued by the U.S. Department of Health and Human Services (DHHS), pursuant to the Health Insurance Portability and Accountability Act of 1996 (HIPAA). The new regulations provide protection for the privacy of certain individually identifiable health data, referred to as Protected Health Information (PHI).

Powers of attorneys and Living Wills should be updated to reference this New law.

In Personal Injury cases, medical authorizations should:
* specifically identify the protected privacy to be used or disclosed;
* provide the names of persons or organizations, or classes of persons or organizations, who will receive, use, or disclose the protected privacy;
* state the purpose for each request;
* notify individuals of their right to refuse to sign the authorization without negative consequences to treatment, payment, or health plan enrollment or benefit eligibility, except under specific circumstances;
* be signed and dated by the individual or the individual's personal representative;
* be written in plain language;
* include an expiration date or event;
* notify the individual of the right to revoke authorization at any time in writing, and how to exercise that right, and any applicable exceptions to that right under the Privacy Rule; and
* explain the potential for the information to be subject to redisclosure by recipient and no longer protected by the Privacy Rule.

Other information on the HIPAA law at http://www.njlaws.com/hipaa.htm

3 Recent cases "Unconditional" guilty plea barred appeal. State v. Ackerman, Appellate Division, A-759-04T2, October 18, 2005, not approved for publication.
Conviction entered in the Law Division following the defendant's unconditional guilty plea in the Municipal Court to driving while intoxicated and following a trial de novo affirmed; after a motor vehicle chase on July 21, 2001, the defendant was charged in the municipality with the indictable offense of eluding and with seven motor vehicle offenses, including DWI and reckless driving; the eluding and reckless driving charges were dismissed on March 9, 2004 after the defendant completed the Pretrial Intervention Program; the prosecution of the remaining charges in the Municipal Court was adjourned at the defendant's request on October 15, 2003 and, after several adjournments at the State's request, led to the defendant's unconditional plea to DWI on May 19, 2004 and the merger and dismissal of the other charges; contrary to the defendant's arguments on appeal, (1) she waived her right to assert a speedy trial claim when she entered an unconditional plea, and, even if the claim was addressed on the merits, her speedy trial rights were not violated and (2) jeopardy did not attach to the eluding charge, and, even if it did, her prosecution in the Municipal Court was not barred by constitutional double jeopardy principles. Not approved for publication.
source Facts-on-Call Order No. 18679.

4. new webpage School Random Drug Permissible. Joye v. Hunterdon Central Bd. of Educ.

Thank You! Thank You!

Thanks to all our clients who graciously referred their family, friends and associates to our agency. We build our firm on your positive comments. We couldn't do it without you!
Referrals are the lifeblood of any business, and there's no better source than you, our clients.


Thank you for reading our newsletter! God Bless America USA #1
Kenneth Vercammen, Esq.
2053 Woodbridge Ave.
Edison, NJ 08817
PHONE 732-572-0500 (Fax) 732-572-0030
website: www.njlaws.com

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