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Denying Release of PHI can be a HIPAA Violation

For 20 years now, risk managers have drilled into their staffs the importance of HIPAA compliance. But has that message been oversold?

Accidental phone call creates HIPAA quandary for employees

The typical requests for patient information are easy to understand for compliance with the Health Insurance Portability and Accountability Act, but staff members will face unusual situations that test their confidence and prompt them to play it safe by not disclosing.

Malpractice can begin at the front desk with simple errors by admissions staff

Seemingly simple errors at the front desk can have devastating effects on patient safety and may expose the hospital to litigation that is more damaging than malpractice lawsuits, warns a lawyer who has studied the issue.

Frontline safety issues are not always heard by hospital and health system leaders

When hospital leaders conduct safety rounds at The Johns Hopkins Hospital and Health System in Baltimore, MD, they don’t rely on just friendly chat and a checklist of policies and procedures.

Staff disciplined, investigations launched when patient ejected after discharge

A Florida hospital is under investigation and has reassigned three staff members who were involved with an incident in which a patient was removed from the facility against her will and then died outside the hospital.

Concurrent surgeries now limited in MA

The Massachusetts Board of Registration in Medicine recently approved a rule to regulate the practice of physicians performing procedures on more than one patient at a time.

AORN revamps retained objects guidelines

Surgical items are mistakenly left inside a patient 4,500 to 6,000 times a year, according to the Association of periOperative Registered Nurses (AORN), which is updating its guidelines for avoiding that error.

Safety culture critical to better surgical results

To achieve better results for surgical patients, hospitals tend to focus on technical issues such as surgeons’ skills and operating room equipment. However, a non-technical factor, the so-called “safety culture,” might be equally important in delivering high-quality patient care, a team of investigators report in a study published online in the Journal of the American College of Surgeons in advance of print publication.

$750K settlement shows need for organizationwide risk analysis

The University of Washington Medicine in Seattle has agreed to settle charges that it potentially violated the Health Insurance Portability and Accountability Act Security Rule by failing to implement policies and procedures to prevent, detect, contain, and correct security violations.

Communication failure cited in 30% of med mal

Thirty percent of all medical malpractice claims involve a communication failure, according to a new report. These claims involve communication breakdowns in which acts, figures, or findings got lost between the individuals who had that information and those who needed it, across the spectrum of healthcare services and settings.

HIPAA settlement addresses medical device users

Lahey Hospital and Medical Center in Burlington, MA, has agreed to settle potential violations of the Health Insurance Portability and Accountability Act with the Department of Health and Human Services Office for Civil Rights. Lahey will pay $850,000 and will adopt a “robust” corrective action plan to correct deficiencies in its HIPAA compliance program, OCR reports. Lahey is a nonprofit teaching hospital affiliated with Tufts Medical School.

Flexible resident duty hour policies safe for patients?

Allowing residents the flexibility to work longer shifts than allowed in the United States and to take less time off between shifts to provide continuity of patient care is not associated with a greater risk to patients of early serious postoperative complications or death, according to study results involving 117 U.S. general surgery residency programs and 151 hospitals.

Hospital fires two over NFL player’s records

Jackson Memorial Hospital in Miami has fired two employees for inappropriately accessing the medical records of an NFL football player and settled a related lawsuit for an undisclosed amount.

Failure to adequately supervise a first-year resident leads to $1.57 million jury award against hospital

In 2011, a man fell 16 feet from a scaffold and landed on a concrete slab. The man was airlifted to a local hospital with a broken left leg, left foot, and left elbow. The man’s wife met him at the hospital, and the two stayed at the hospital while the man was treated. According to court documents, the next day the man began complaining to his wife of increasing pain in his left arm.

Failure to administer diagnostic tests or refer to specialist leads to death, $8.25 million liability

In 2009, a 68-year-old man suffering from arthritis in his knee checked into a hospital for a total knee replacement. Following the surgery, the man complained of confusion and disorientation and became hypoxic and anemic.

Healthcare Risk Management – March 1, 2016

March 1, 2016