Healthcare Risk Management – December 1, 2021
December 1, 2021
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Ransomware, Other Cyber Threats Can Lead to Malpractice Cases
Data Show Leaders Worried About Cyberthreats
Recent research shows healthcare leaders are worried about the potential consequences of a cyberattack.Circuit Court Decision Could Make COVID-19 Lawsuits Easier
A recent federal appeals court decision appears to put nursing homes at risk of lawsuits related to deaths of patients during the COVID-19 pandemic. It also might increase the risk for other healthcare entities.CMS Requires COVID-19 Vaccinations for Healthcare Workers
The Centers for Medicare & Medicaid Services’ highly anticipated interim final rule requiring healthcare workers to be vaccinated against COVID-19 will bring new obligations for healthcare employers, but it also might help overcome the objections of some employees.
Civil Cyber Fraud Initiative Will Increase Some Liability Risk
The U.S. Department of Justice is pursuing an initiative aimed at uncovering and punishing government contractors with insufficient cybersecurity or who fail to report breaches. The agency is wielding the False Claims Act as a primary tool.2021 Healthcare Takedown Shows DOJ’s Focus on Pandemic
The Department of Justice’s 2021 Healthcare Takedown report indicates government investigators are looking for fraud in some areas related to the pandemic as well as some perennial sources of wrongdoing.Co-Branding Requires Attention to Anti-Kickback, Stark, Tax Laws
Co-branding is a common tactic in healthcare that signals collaboration, excellence, and high-quality service offerings. But as common as co-branding is, healthcare providers that use this must have a legal structure in place as the integration occurs.Fraudulent Concealment Prevents Physician from Using Statute of Repose Defense
This case reveals the importance of providing patients with relevant information and documenting the provision of information in a timely fashion. In this case, the negligence focused on the physician’s failure to inform the patient about the kidney mass and failure to diagnose the cancer. When patients are not fully informed of material information, such as an abnormal mass, patients are deprived of the ability to make informed decisions.Birth Injury Suit Defense Verdict Upheld in Favor of Physician and Practice Group
Lessons from this case on the law may be unique to this state, but it demonstrates the importance of reviewing a physician or care provider’s applicable laws for any such special protections. In a different state, the outcome here could have been dramatically different: The physician was negligent and the patient was injured, which could have resulted in a jury awarding millions of dollars for lifelong injuries requiring ongoing medical care. But here, the negligent physician was protected by the state law.
HIPAA Changes Coming in 2022 Might Require Policy Revisions
Proposed changes to HIPAA and HITECH may affect covered entities and business associates in 2022. Now is the time to consider any effects, and respond accordingly. The modifications could require updates to policies and procedures, notices of privacy practices, forms, business associate agreements, and other HIPAA-related compliance issues.HIPAA Relevance to COVID-19 Vaccinations Can Be Misunderstood
Employees and employers frequently believe HIPAA comes into play when asking about an individual’s vaccination status. It almost always does not. Although some states are considering legislation designating vaccination status as a separate protected class, private employers generally are free to ask employees about their vaccination status without running afoul of HIPAA or federal employment laws.