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, 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 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. 1