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Conducting Legal Research in Health Records Management

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Conducting Legal Research in Health Records Management Conducting Legal Research in Health Records Management A guide for HIM240 students to free online resources to research developing and codified laws (compiled by Jennifer Ward with heavy reliance on a handout prepared by Marinke Van Gelder, Juneau Court Library and Katie Fearer, Alaska State Library) Constitutions Constitutional law. 1.) The body of law deriving from the U.S. Constitution and dealing primarily with governmental powers, civil rights, and civil liberties. Black’s Law Dictionary, 7th abridged ed. 2000. Federal – U.S. Constitution State – Constitution of the State of Alaska Published in the United States Code. See entry for Published in the Alaska Statutes – see entry United States Code in this table below. below • http://www.gpoaccess.gov/constitution/index.ht • http://www.legis.state.ak.us/basis/folio.asp ml • http://ltgov.alaska.gov/services/constitution.p hp Sample citation: U.S. Const. amend XIV §1 Alaska Const. art I §8 Legislative Acts Legislative law. see Statutory law. Statutory law. The body of law derived from statues rather than from constitutions or judicial decisions. – Also termed statute law; legislative law; ordinary law. Black’s Law Dictionary, 7th abridged ed. 2000. Federal – United States Statutes at Large State – Session Laws of Alaska U.S. Code Congressional and Administrative News • http://www.gpoaccess.gov/legislative.html • http://www.legis.state.ak.us/folhome.htm (2003 +) (1981 +) Sample citation: Health Information Exchange System, Health Insurance Portability and CHAPTER 24 SLA 09 Accountability Act of 1996 (HIPAA), Public or Law 104-191 ch.24 SLA 2009 Statutes Organized by Subject Statute. A law passed by a legislative body. Black’s Law Dictionary, 7th abridged ed. 2000. Federal – United States Code State – Alaska Statutes • USC: http://www.gpoaccess.gov/legislative.html • http://www.legis.state.ak.us/folhome.htm (1994+) Sample citation: 42 U.S.C. §299b-22 (2007) Alaska Stat. §19.10.095 ÂNotices Issued by Administrative Agencies, Including Notices of Proposed and Final Regulations – Once Congress passes laws, Federal agencies are responsible for implementing those laws. Regulations are issued by Federal agencies under the authority delegated to them by Federal law or a Presidential executive order and have the force of the law. Federal – Federal Register State – Online Public Notice System The official publication for rules, proposed rules • http://notes4.state.ak.us/pn (May 12, 2000 +) and notices from Federal agencies and organizations, also includes executive orders and other Presidential documents. • http://www.gpoaccess.gov/ • http://www.gpoaccess.gov/fr/index.html (Vol. 59, 1994 +) Sample citation: 45 CFR Parts 160 and 164 74 Fed. Reg. 42740 (Aug. 24, 2009) Final Regulations Organized by Subject Regulation. 1. The act or process of controlling by rule or restriction. 2. Bylaw. 3. A rule or order, having legal force, issued by an administrative agency or a local government. Black’s Law Dictionary, 7th abridged ed. 2000. Federal – Code of Federal Regulations State – Alaska Administrative Code The codification of the rules published in the • http://www.legis.state.ak.us/folhome.htm Federal Register by executive departments and (current only) agencies of the Federal Government. • http://www.gpoaccess.gov/ (1996+) Sample citation: 21 CFR § 310.501 Alaska Admin Code tit. 22 §05.10 (2005) Executive and Administrative Orders, Proclamations Executive order. An order issued by or on behalf of the President, usu. Intended to direct or instruct the actions of executive agencies or government officials, or to set policies for the executive branch to follow. Abbr. “ex. ord.” Black’s Law Dictionary, 7th abridged ed. 2000. Federal State – Alaska Statutes (vol. 11) • Some Executive Orders: • Executive Orders: http://www.archives.gov/federal‐ http://www.legis.state.ak.us/folhome.htm and register/executive‐orders/index.html Online Public Notice System (see table above) • Weekly Compilation: • Administrative Orders: http://www.gpoaccess.gov/wcomp/index.html www.legis.state.ak.us/cgi‐bin/folioisa.dll/exor, • Daily Compilation: http://www.gov.state.ak.us/admin‐ http://www.gpoaccess.gov/presdocs/index.html orders/index.php, and Online Public Notice System (see entry in this table above) See also Federal Register, Code of Federal • Proclamations: Regulations, and Statutes at Large http://gov.state.ak.us/proclamations.php (only current administration available) Sample citation: Exec. Order No. 13096 or Exec. Order No. 13507, 74 Fed. Reg. 17071 (April 13, 2009) Alaska Supreme Court Decisions (1960‐present) Supreme court. 2. An appellate court existing in most states, usually as the court of last resort. Black’s Law Dictionary, 7th abridged ed. 2000. Published in Alaska Reporter, Pacific Reporter • http://government.westlaw.com/akcases/ (1960 – date) sample citation: Zimmerman v. State, 706 P2d 343 (Alaska App 1985) <Parties><Volume#><Reporter><Page#><Court & date> Alaska Court of Appeals Decisions (1980 ‐ present) Published in Alaska Reporter, Pacific Reporter • http://government.westlaw.com/akcases/ (1960 – date) District Courts of Alaska Decisions – had local jurisdiction from 1884 ‐1959 (Pre‐Statehood) District court. A trial court having general jurisdiction within its judicial district. Black’s Law Dictionary, 7th abridged ed. 2000. Published in Federal Supplement (1932 – 1959); Federal Reporter (1884 – 1932); Alaska Reports (1884 – 1959); Alaska Federal Reports (1869 ‐1937) • Westlaw database (not a UAS resource – Ask a Librarian for more help) U.S. District Courts for California and Oregon, and District Courts of Washington – had local jurisdiction in Alaska until 1884 (Pre‐Statehood) Published in Federal Reporter (1880 – 1884); Federal Cases (1867 – 1880); Alaska Federal Reports (1869 ‐1884) • Westlaw database (not a UAS resource – Ask a Librarian for more help) U.S. District Court for the District of Alaska (1960 – present) Published in Federal Supplement • Westlaw database (not a UAS resource – Ask a Librarian for more help) U.S. Court of Appeals, Ninth Circuit (Alaska included from 1900 – present) Published in Federal Reporter • http://www.ca9.uscourts.gov/opinions/ (2005 – date) U.S. Supreme Court Published in United States Reports (1790 – date); United States Supreme Court Reports, Lawyer’s Edition (1790 – date); Supreme Court Reporter (1882 – date); United States Law Week (1933 – date) • http://www.findlaw.com/casecode/supreme.html (1893 – date) • http://supct.law.cornell.edu/supct/index.html (1990 – date) • http://www.supremecourtus.gov/opinions/opinions.html (2004 – date) • http://www.gpoaccess.gov/supcrt/index.html (1937 – 1975) Sample citation: Washington v. Glucksberg, 521 U.S. 702 (1997) .
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