Attorney tapped to review Public Health Code

By Cynthia Price
Legal News

Based on a mandate from Gov. Rick Snyder, the director of the Michigan Department of Community Health (MDCH), James K. Haveman, has formed a committee charged with reviewing the Michigan Public Health Code.

Haveman has called on someone he has known for a long time, Lawrence P. Burns of Varnum LLP, to lead the charge in making recommendations on the almost-600-page health document, Act 368 of 1978.

Haveman, who also headed MDCH from 1996 to 2003, is from the West Michigan area.

“The appointment of Lawrence Burns as chairman of this important advisory committee was a natural fit,” said Haveman. “Mr. Burns’ track record makes him an ideal candidate to lead this group and we’re eager to see the results of their work.”

Burns is particularly well-qualified to head up the committee, as chair of Varnum’s health care law practice, which serves a wide variety of clients in the health care and life sciences industries.

He received his B.A. and M.A. from University of Notre Dame, and his J.D., cum laude, from the University of Toledo College of Law.

He has been honored over the years, including listings  in Michigan Super Lawyers (2011) and in The Best Lawyers in America since 1993.

His community activities include serving on the Mary Free Bed Rehabilitation Hospital Institutional Review Board, and on Saint Mary’s Health Care Emeritus Board.

A member of the Michigan Health and Hospital Association Legislative Policy Panel, he has an interest in policy and in the relationship of the Public Health Code serving as a “very effective tool” with the potential need for changes to make it even better.

“It’s really interesting to me,” he said. “I’ve been working in the health law area for close to 30 years. My use of the Public Health Code is almost on a daily basis.” He said he is “honored” to serve as chair of this “excellent committee of professionals, each with a unique perspective.”

Burns acknowledges that even a committee as broadly constituted as this one cannot have all the in-depth knowledge required for a through review. He intends to propose that the committee solicit input from stakeholders inside and beyond MDCH electronically in order to meet proposed deadlines.

“I think that in this day and age with the ‘mighty pen’ of email we can instantaneously reach hundreds of healthcare stakeholders,” Burns said. “But we’ll discuss that with the committee when we meet — figure out what’s the appropriate vehicle or template to solicit the input.”

The committee will meet for the first time on Aug. 16. Burns hopes they will be able to make recommendations to MDCH Director Haveman and the governor by early 2014.
“I think that’s doable depending on the promptness with which we get comments from the stakeholders, and I think the stakeholders are probably well versed in the issues and well positioned to provide comments quickly,” Burns said.

“Our general charge is to try and assess whether there are any areas of the current code that are outdated or not up to par with current developments in the health care industry,” Burns said. “We’re not going in assuming that everything is broken, but we’re going to rely on the valuable stakeholders out there, from physician assistants to anesthesiologists, who understand how it affects their particular line of business.”

He indicated that the first order of business, other than some structural considerations, is likely to be developing a set of criteria for evaluating those stakeholder comments.

But Burns is confident that the advisory committee members will be able to meet all of the challenges they face to come up with sound and comprehensive recommendations.

“Overall, I hope that what we might recommend would be good for the providers and have a positive impact on the quality of care that’s offered as well as the access to care,” said Burns.

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