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December 2007Introducing the Washington State Breast Cancer Legal Resources GuideA conversation with lead editor of the Guide Joan Tierney, immediate past-president of Washington Women Lawyers. Co-editors of the Guide are WSBA Diversity Advocate Joslyn Donlin, Dana Hess of the Human Rights Commission, and Carla Lee, co-vice president of Washington Women Lawyers. The distinguished editorial board of the Guide consists of the Honorable Bobbe Bridge, Justice of the Washington State Supreme Court; the Honorable Mary Fairhurst, Justice of the Washington State Supreme Court; the Honorable Susan Owens, Justice of the Washington State Supreme Court; and the Honorable Mary Yu, Judge of the King County Superior Court. What is the Breast Cancer Legal Resources Guide? As you can imagine, hearing the words "breast cancer" is crushing. Coping with the diagnosis, and with life after the diagnosis, can be overwhelming for anyone. The Breast Cancer Legal Resources Guide was published in the fall of 2007. The Guide is a resource for women and others interested in helping women with breast cancer. It was written primarily by Washington attorneys and law students and an Oregon attorney whose wife was recently diagnosed. It is available to download on the WSBA website at www.wsba.org/breast+cancer+guide+0907.htm, with interactive links to a wealth of resources. We originally designed it for WSBA members, but it quickly became important to all kinds of cancer patients, social workers, families, and caregivers, many of whom requested copies or even draft copies to help in addressing legal issues after a diagnosis. The Guide is intended to be read easily. In fact, we reviewed it many times to ensure its readability and ease of use. The intent was to provide easy-to-understand information to absolutely everyone, whether an attorney, a healthcare provider, a friend, or a patient, while maintaining the integrity of the Guide as a legal resource. It provides practical legal information regarding employment, housing, estate planning, and insurance and privacy issues, among others. This is a huge project. How did it get off the ground? We held a CLE on breast cancer in March 2007. Attorneys Carla Lee and Lish Whitson worked selflessly for over a year and a half, bringing ABA speakers from around the country to Seattle. Based on the evaluations from the CLE, we offered a second one in June 2007, focusing more on Washington law. Those two CLEs inspired a conversation with the WSBA; the Washington Women Lawyers (WWL); Carla Lee, WWL co-vice president; and Dana Hess of the Human Rights Commission about what our next steps might be. We later learned that the State Bar of Texas has a Breast Cancer Legal Resources Manual on their website. We used the Texas model as a guide in creating a list of chapter topics to update and research under Washington state law. How did the WSBA get involved? 2006-2007 WSBA President Ellen Conedera Dial asked me, as president of WWL, if I could get a Washington legal guide together, and relying on my network of women colleagues, especially Joslyn Donlin, Dana Hess, and Carla Lee, I said "yes" and the guide was launched. Having the document available on the WSBA's website makes it easily available to download. We felt the WSBA, on behalf of the entire legal community, needed to stand behind and support the Guide, and they agreed. You can imagine our delight when the Washington State Gender and Justice Commission offered to publish 200 hard copies to be distributed as well. What kinds of legal topics does the Guide cover? The Guide covers every legal area impacted by the diagnosis. Its 15 chapter titles include: Informed Consent; HIPAA and WHCRA; Health Insurance; Public Benefits; Dealing with Hospital Medical Debt; Viatical Settlements; Disability Benefits; Employment and Cancer; Housing Issues; Saving Your Home; Guardianship; Estate Planning; End-of-Life Issues; and Liability Issues. There is also a chapter for women of color. The Guide ends with five pages of national, state, and local resources with phone numbers and websites for every kind of resource known to any of us. Now that you have the list of chapters, let me give you a small sample of legal topics covered. In chapter two, dealing with HIPAA, you will find a list of the "Five Steps to Understanding HIPAA." In the same chapter you will find a similar breakdown for WHCRA, or the Woman's Health and Cancer Rights Act of 1988. Chapter five covers Charity Care. How many of us know what Charity Care is, or that it applies to all hospitals, including psychiatric hospitals? How many lay people would know they have an appeal right after a denial of Charity Care? Chapter six covers viatical settlements, a term derived from the Latin word viaticum, meaning "provisions for a long journey." How would a lay person know who is eligible for a viatical settlement? In the Guide, we lay out practical guidelines for these settlements. In chapter seven, we discuss the rules and eligibility for state SHS and Federal Supplemental Income. We also cite the WLAD and the ADA; we outline McClarity v. Totem Electric; we discuss SB 5340, the new law that widens Washington state's definition of "disability"; and we offer practical advice to both the employer and the employee with cancer. We also offer ways to save your home from foreclosure using redemption. Our final chapter covers breast cancer and women of color. Did you know that women of color are less likely to be diagnosed, and once diagnosed, less likely to survive a diagnosis of breast cancer? How does someone use the Guide? Most of the Guide is in a question-and-answer format, so that the reader can skip to the topic that best relates to the concern at hand. It cites RCWs, WACs, and relevant cases, and it offers practical approaches to common concerns involving breast cancer. It is important to mention that the Guide is not a substitute for legal advice from an attorney, but it will close the gaps for anyone touched by breast cancer, with practical, readable guidelines and laws. How do I get a copy, and is it free? It is absolutely free online and in hard copy. It is also in circulation at the Seattle University Law Library and will be offered to the UW School of Law. It is available at the Seattle Public Library and, of course, it can be found online through the WSBA and WWL websites. The online version links the reader directly to a wealth of resources. We are updating and expanding the Guide and will provide hard-copy slip updates and, of course, the online versions will be continually updated. Does it apply to other chronic illnesses? Yes, it definitely does. This was written for breast-cancer patients, but it can be used for any cancer or catastrophic illness. As president of Washington Women Lawyers, Joan, what does this publication mean to women in Washington? This Guide is monumental for women. Did you know that Washington state has the third-highest incidence of breast cancer of all states? For a breast-cancer patient, it means everything to have a resource for basic legal questions. But what you do not see on the pages of this Guide are the hearts, souls, and lives of the women and men behind it, their stories, and their pain. Many of the authors survived breast cancer. Others are touched by the diagnosis through a family member or a friend. Some survived different kinds of cancer. As I look back on this whole intense experience, the subject is so tragic, yet the project itself was so life-affirming. For one thing, every person I approached to contribute said "yes," whether to write, research, edit, or provide other support. Several judges gave up vacation time, and everyone who contributed did so in the spirit of providing a service to a vulnerable population of women and families. As lawyers, we share a unique opportunity and indeed, an obligation, I believe, to give back to the community. Service to the community is central to everything I believe in. I am deeply proud of this effort, a product of all walks of the legal community, from the State Supreme Court to Seattle University law students, all of whom stepped up to contribute selflessly. It's not over, of course; the fight continues. But we are all in it together.
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