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$SULO9ROXPH1XPEHU Special Issue: Health Law Register now for the 2010More Annual information Me inside!eting 4-10GBJ_Cover.indd 1 3/29/2010 12:08:03 PM What Deserdo you ve? Choose professional liability coverage with Georgia Lawyers Insurance Program, and you deserve to be Treated Fairly®. With a continuing presence led by Aubrey Smith, based in the greater Atlanta area, you deserve: Respect for your busy schedule. Aubrey and his team care about your practice, providing personalized attention and quick answers to your questions. ey know the pulse of law in Georgia. Freedom from letting go of coverage worries. You buy insurance to cover potential claims and deserve to trust your carrier’s financial stability. ProAssurance Casualty Company pays settled claims promptly and is rated A (Excellent) by A.M. Best. Less hassle. Rely on us to provide unparalleled support—from effective risk management to thoughtful claims counsel. Don’t you want to be Treated Fairly®? ink about it. Call Aubrey Smith today at 866.372.3435 for a free, no-obligation quote, or visit galawic.com. Professional Liability Insurance for Lawyers & Law Firms 5DWHG$ ([FHOOHQW E\$0%HVWå3UR$VVXUDQFHFRP e Reveal Logo and TREATED FAIRLY are trademarks of ProAssurance Corporation. 4-10GBJ_Cover.indd 2 3/29/2010 12:08:08 PM B*/,3B7KLQNHUB)XOOBFRORULQGG $0 April 2010 Volume 15 Number 6 GBJ Legals Departments 16 16 4 From the Editor-in-Chief What Every Attorney Should 6 From the President Know About Health Care Law 10 From the Executive Director by Tracy M. Field, Shannon L. Drake, Jessica Tobin Grozine and 14 From the YLD President Daniel M. Formby 46 Bench & Bar 24 52 Office of the General Counsel Limiting Law Firm Exposure to 54 Lawyer Discipline HITECH Act Liability: Do You 58 Law Practice Management Know Where Your Client’s 62 South Georgia Office 30 Protected Health Information Is? 64 Section News by H. Carol Saul 66 Casemaker 30 68 Writing Matters 38 Is Georgia Prepared 72 Professionalism Page for a Health Pandemic? 78 In Memoriam Legal Issues Regarding Emergency Preparedness and 80 CLE Calendar Declaration of Emergency 82 Notices Health Pandemic in Georgia 87 Classified Resources by Liz Schoen and Keith Mauriello 88 Advertisers Index GBJ Features 36 Duty and Friendship: John Sammons Bell and Judge Anthony A. Alamio by David E. Hudson 58 38 19th Annual Georgia Bar Media and Judiciary Conference by Stephanie J. Wilson 42 2009 “And Justice for All” State Bar Campaign for the Georgia 72 Legal Services Program “And Justice for All” 2010 State Bar Campaign for the Georgia Legal Services Program, Inc. If they can’t afford an attorney, where do they go for legal assistance? Fighting Foreclosure Mr. Farmer almost lost his home in a foreclosure, because he couldn’t pay the increase in his mortgage payments. He originally paid $407 in monthly mortgage payments and lived frugally. He had no phone, no cable, no heat other than firewood, and he used well water. FEMA (Federal Emergency Management Agency) recently determined the property was in a flood zone and required flood insurance, which the mortgage company purchased at a high price. This put Mr. Farmer’s monthly payments to $573, which was well over his meager income. A GLSP lawyer negotiated with the mortgage company to rework the loan and lower the mortgage payments. Mr. Farmer was able to buy his own flood insurance at a significantly lower rate. The foreclosure sale was cancelled. Working together we can fulfill the promise of Justice for All. Georgia Legal Services Program® GLSP is a non-profit law firm recognized as a 501(c)(3) by the IRS. This client story is used with permission. The photograph and name do not necessarily represent the actual client. Give easily online at www.glsp.org (click Donate Now) or return this card with your check. ❏ Individual ❏ Firm Gift ❏ Mr. ❏ Ms. ❏ Mrs. ❏ Judge Name: 4PIHKIW PLEASE WRITE YOUR FULL NAME AS IT SHOULD APPEAR IN OUR DATABASE or HONOR ROLL Firm: ❏ I will pledge a gift. Please bill me on _____________ for a pledge of ____________ Address: (Final payments are due December 31st of this year.) I UNDERSTAND MY TAX-DEDUCTIBLE GIFT WILL PROVIDE LEGAL ASSISTANCE TO LOW-INCOME GEORGIANS. ❏ I am interested in learning more about the Yes! I support the Georgia Legal Services Program (GLSP). Georgia Legal Services Foundation. You may give by credit card at Enclosed is my check in the amount of $____________ www.glsp.org! Substantial gifts of $150 or more will be included in the Honor Roll of Contributors in the Georgia Bar Journal. Make checks payable to: ❏ Please keep my gift anonymous. Georgia Legal Services Program Editorial Board Quick Dial Donald P. Boyle Jr. Attorney Discipline 800-334-6865 ext. 720 Editor-in-Chief 404-527-8720 Robert Henry Beer Patricia Irene Lee Consumer Assistance Program 404-527-8759 Erika Clarke Birg Hollie G. Manheimer Conference Room Reservations 404-419-0155 Fee Arbitration 404-527-8750 John Clay Bush Olivia Orza CLE Transcripts 404-527-8710 Clayton Owen Carmack Susan Lee Rutherford Diversity Program 404-527-8754 Charles Madden Cork III Hale Elijah Sheppard ETHICS Helpline 800-682-9806 Bridgette Eckerson Paul Gregory Sherman 404-527-8741 Georgia Bar Foundation/IOLTA 404-588-2240 Lynn Gavin Jack P. Smith III Georgia Bar Journal 404-527-8791 Robert Frederick Glass Robert R. Stubbs Lawyer Assistance Program 800-327-9631 Michelle J. Hirsch Kristin H. West Lawyers Foundation of Georgia 404-659-6867 Law Practice Management 404-527-8773 Rajesh Kini Pamela Y. White-Colbert Law-Related Education 404-527-8785 Ronald Arthur Lowry Membership Records 404-527-8777 Editors Emeritus Meetings Information 404-527-8790 Pro Bono Project 404-527-8763 Marcus D. Liner, 04-07 Charles R. Adams III, 89-91 Professionalism 404-225-5040 Rebecca Ann Hoelting, 02-04 L. Dale Owens, 87-89 Sections 404-527-8774 Unlicensed Practice of Law 404-527-8743 Marisa Anne Pagnattaro, 01-02 Donna G. Barwick, 86-87 Young Lawyers Division 404-527-8778 D. Scott Murray, 00-01 James C. Gaulden Jr., 85-86 William Wall Sapp, 99-00 Jerry B. Blackstock, 84-85 Manuscript Submissions The Georgia Bar Journal welcomes the submission of unso- Theodore H. Davis Jr., 97-99 Steven M. Collins, 82-84 licited legal manuscripts on topics of interest to the State Bar L. Brett Lockwood, 95-97 Walter M. Grant, 79-82 of Georgia or written by members of the State Bar of Georgia. Submissions should be 10 to 12 pages, double-spaced (includ- Stephanie B. Manis, 93-95 Stephen E. Raville, 77-79 ing endnotes) and on letter-size paper. Citations should con- form to A UNIFORM SYSTEM OF CITATION (18th ed. 2005). William L. Bost Jr., 91-93 Please address unsolicited articles to: Donald P. Boyle Jr., State Bar of Georgia, Communications Department, 104 Marietta Officers of the State Bar of Georgia St. NW, Suite 100, Atlanta, GA 30303. Authors will be notified of the Editorial Board’s decision regarding publication. Bryan M. Cavan President The Georgia Bar Journal welcomes the submission of news S. Lester Tate III President-Elect about local and circuit bar association happenings, Bar Jeffrey O. Bramlett Immediate Past President members, law firms and topics of interest to attorneys in Georgia. Please send news releases and other information Kenneth J. Shigley Treasurer to: Sarah I. Coole, Director of Communications, 104 C. Wilson DuBose Secretary Marietta St. NW, Suite 100, Atlanta, GA 30303; phone: Amy V. Howell YLD President 404-527-8791; [email protected]. Michael G. Geffroy YLD President-Elect Disabilities Joshua C. Bell YLD Past President If you have a disability which requires printed materials in alternate formats, please contact the ADA coordinator at 404-527-8700 or 800-334-6865. Communications Committee Headquarters Robert J. Kauffman Chair 104 Marietta St. NW, Suite 100, Atlanta, GA 30303 800-334-6865, 404-527-8700, FAX 404-527-8717 Communications Staff Visit us on the Internet at www.gabar.org. Sarah I. Coole Director South Georgia Office Jennifer R. Mason Assistant Director 244 E. Second St. (31794) P.O. Box 1390 Tifton, GA 31793-1390 Derrick W. Stanley Section Liaison 800-330-0446, 229-387-0446, FAX 229-382-7435 Stephanie J. Wilson Administrative Assistant Coastal Georgia Office 18 E. Bay St. Savannah, GA 31401-1225 877-239-9910, 912-239-9910, FAX 912-239-9970 Publisher’s Statement The Georgia Bar Journal (ISSN-1085-1437) is published six times per year (February, April, June, August, October, December) with a special issue in November by the State Bar of Georgia, 104 Marietta St. NW, Suite 100, Atlanta, Georgia 30303. ©State Bar of Georgia 2010. One copy of each issue is furnished to members as part of their State Bar dues. Subscriptions: $36 to non-members. Single copies: $6. Periodicals postage paid in The opinions expressed in the Georgia Bar Journal Atlanta, Georgia and additional mailing offices. Opinions and conclusions expressed in articles herein are those of the authors are those of the authors. The views expressed herein and not necessarily those of the Editorial Board, Communications Committee, Officers or Board of Governors of are not necessarily those of the State Bar of Georgia, the State Bar of Georgia. Advertising rate card will be furnished its Board of Governors or its Executive Committee. upon request. Publishing of an advertisement does not imply endorsement of any product or service offered. POSTMASTER: Send address changes to same address. From the Editor-in Chief Introduction to Special Health Law Issue his issue of the Georgia Bar Journal focuses on The recent outbreak of the H1N1 virus is the start- ing point for discussion of Georgia’s law on dealing the law of health care and other health-related with health pandemics in “Is Georgia Prepared for a Health Pandemic?” by Liz Schoen and Keith issues.
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