Bush Administration Supports Medical Privacy Regulations

New CDC Chemical Exposure Report

Bright Future of Web-Based Healthcare

New NIOSH Publications

Liberty Mutual Announces Workplace Safety Index

DATIA Launches Industry Web Site Forum

CDC Intensifies Efforts to Prevent Lyme Disease

Supreme Court to Rule Whether Repetitive Strain Injuries Covered by the ADA

Bush Administration Supports Medical Privacy Regulations

On April 12, 2001 Health and Human Services Secretary Tommy Thompson announced that he will allow the final medical privacy rules to take effect on April 14. The rules result from HIPAA, the Health Insurance Portability and Accountability Act of 1996. Groups affected by the regulations have two years to implement them.

This announcement surprised many people who expected the Bush administration to stop the rules, as it had the OSHA ergonomics standard. Instead, the administration came out in strong support of the rules. Secretary Thompson stated: "Today, I am pleased to announce that the President is taking a bold and definitive step to protect the rights of citizens to keep their medical records confidential. President Bush wants strong patient privacy protections put in place now. Therefore, we will immediately begin the process of implementing the patient privacy rule that will give patients greater access to their own medical records and more control over how their personal information is used."

[top]

New CDC Chemical Exposure Report

On March 21, 2001 the CDC (Centers for Disease Control) released the first National Report on Human Exposure to Environmental Chemicals. The report is significant because it allows for the biological monitoring of blood and urine to determine human exposure to chemicals in the general population rather than relying on estimates of exposure based on air, water, or soil samples.

The exposure of the U.S. population to 24 of 27 chemicals is now known and is being monitored in four classifications: metals, tobacco smoke, organophosphate pesticides, and phthalate metabolites. Environmental Health is one of the Focus Areas of the Healthy People 2010 Initiative. More info: 866.670.6052 or www.cdc.gov/nceh.

Bright Future of Web-Based Healthcare

Watson Wyatt with the Washington Business Group on Health and The Healthcare Financial Management Association in their Sixth Annual Purchasing Value In Health Care Survey of 360 of the largest employers, reported that eight out of ten surveyed employers plan to make significantly greater use of Internet technology in administration of their health benefits and distribution of health information to their workforce. Employers are looking to the Internet to ease administrative burdens, enhance workers’ knowledge and decision-making capabilities, and promote individualized wellness and health information to assist in the personal management of health or chronic conditions.

In the survey, employers identified the following Internet technology strategies that they intend to use:

For more information or copies of the survey: www.watsonwyatt.com.

New NIOSH Publications

The following publications may be ordered from NIOSH (National Institute for Occupational Safety & Health) 800.356.4674 or www.cdc.gov/niosh:

[top]

Liberty Mutual Announces Workplace Safety Index

Liberty Mutual, the country’s leading provider of workers’ compensation insurance, announced the finding of its first annual Workplace Safety Index. The report details the ten leading causes of injuries that account for 86% of almost $39 billion paid out in wage and medical payments. Besides identifying the leading causes of injuries, the Index provides guidelines for preventing accidents and demonstrates the associated cost savings, along with detailing several case studies. For more information: contact Rich Angevine at 617.574.6638 or view the report on-line at www.libertymutual.com.

DATIA Launches Industry Web Site Forum

The Drug & Alcohol Testing Industry Association (DATIA) has started an on-line service for providers and others in the testing industry to pose questions and receive answers regarding the new Part 40 regulations. To access this new forum, go to: www.datia.org.

CDC Intensifies Efforts to Prevent Lyme Disease

Lyme Disease, a tick-borne bacterial illness nationally notifiable since 1991, has been growing with 16,273 cases reported in 1999, compared to prior averages of 12,745 cases. Lyme Disease arises from tick exposures in late spring and early summer and poses the greatest risk for outdoor workers in the Northeast, Mid-Atlantic, and North Central regions of the U.S. Ninety percent of all cases were reported in 109 counties in nine states (NY, CT, PA, NJ, MD, MA, RI, WI, MN). With appropriate preventive efforts, including worker vaccination and use of repellents, most exposures are avoidable. For more info: 970.221.6400 or www.cdc.gov.

Supreme Court to Rule Whether Repetitive Strain Injuries Covered by the ADA

On Monday, April 16, 2001 the United States Supreme Court announced that it would decide two cases concerned with the Americans with Disabilities Act (ADA).

The first case, Toyota v. Williams, concerns Ella Williams, an assembly worker at the Georgetown, Kentucky Toyota plant. Ms. Williams developed carpal tunnel syndrome soon after beginning work at the plant in 1990.

Her problem improved when she was transferred to another job, but recurred when she was required to wipe down passing cars at a rate of one car per minute. Williams sought to be reassigned to her former job. When Toyota refused, she sued.

[top]

Initially, a federal judge dismissed the lawsuit, concluding that her physical difficulties did not constitute a disability; a 6th Circuit Court of Appeals disagreed, however, saying her inability to perform certain tasks brought her within the protection of ADA.

The second case, US Airways v. Barnett, concerns Robert Barnett, who injured his back in 1990 while working in a cargo position for US Airways. When Mr. Barnett returned to his job he found that he was unable to handle cargo and used his seniority to attempt to transfer to the company’s mailroom.

The transfer did not occur because other employees had greater seniority. Mr. Barnett then proposed that the airlines provide special lifting equipment. His request was denied.

Mr. Barnett alleged the airline violated the ADA by failing to provide reasonable accommodations. The airline countered that it is not obligated to change its seniority system to accommodate Barnett. Both a federal court and a panel of the 9th U.S. Circuit Court of Appeals agreed with the airlines. But the full 9th Circuit court ruled that Barnett’s case could go to trial.

[top]