Compliance
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Avoid Patient Abandonment Claims with Education, Follow-up
Patient abandonment claims can arise when a physician or hospital can no longer care for a patient or when there is insufficient follow-up. The risk can be ameliorated with proper procedures and communication.
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Sample Response Plan Outlines Steps
After a hospital was hit with a ransomware attack, the facility’s leadership asked an expert to investigate the incident and develop an incident response plan to use if an attack happened again.
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Response Plan Crucial for Cyberattack Recovery
A recent cyberattack against an Illinois hospital is a strong reminder a robust and well-tested incident response plan is a critical component of cybersecurity.
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Killnet Group Targets U.S. Hospitals with Cyberattacks
Hospitals and health systems should review their defenses against the cyber breach known as Distributed Denial of Service in response to threats from the pro-Russia hacktivist group known as Killnet. More than a dozen hospitals have been hit by Killnet attacks, taking down forward-facing webpages and breaching protected health information.
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OCR Strengthens Confidentiality of Substance Use Disorder Patient Records
The Office for Civil Rights and the Substance Abuse and Mental Health Services Administration recently announced proposed changes to the Confidentiality of Substance Use Disorder Patient Records under 42 CFR Part 2, which could affect HIPAA compliance programs.
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Tracking Software Can Lead to HIPAA Violations
The HHS Office for Civil Rights has released a bulletin warning the use of website tracking technologies could result in HIPAA violations. Covered entities need to review their use of these tracking technologies and make necessary improvements.
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Appeals Court Dismisses Wrongful Death Lawsuit for Failure to Timely File Claim
This case is a fine example of the Government Claims Act and its application to public entities, including public health systems.
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Medical Center May Have Coverage for Suit Alleging Treatment from Unlicensed Physicians
There are two lessons from this case. First, while it is incumbent upon each physician to regularly secure, maintain, and update appropriate medical licensure, it also is important healthcare companies employing physicians maintain their own checks and balances to ensure that all licensure for its working physicians is up to date.
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Malpractice Lawsuits Allege Wrongful Prolongation of Life
The top problems in these cases are charting and communication among caregivers.
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Whistleblowers Not Needed for False Claims Act Enforcement
The federal government can detect False Claims Act violations without alert from a whistleblower, a development that could lead to a greater risk of investigations for healthcare organizations. The government is using its own sophisticated data analytics to identify potential False Claims Act cases.