Compliance
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More Consumers Suing After Healthcare Data Breaches
Consumers are suing companies more often for data breaches that expose their private information, according to one law firm’s experience. Healthcare organizations are seeing the biggest increases in this type of litigation.
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Value-Based Safe Harbor, Stark Exception Increasingly Important
The value-based arrangement Anti-Kickback Statute safe harbor and Stark Law exception introduced last year are likely to become important components of healthcare provider methods. CMS and other third-party payors will continue to focus on promoting care coordination and patient outcomes, making the safe harbor and Stark exception critical tools to avoid legal complications.
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CMS May Suppress Data on Complications in Hospitals
CMS is planning to suppress data on many dangerous medical and surgical complications in hospitals because data from the COVID-19 era may be unreliable. The plan would suppress data on sepsis, kidney harm, deep bedsores, lung collapse, and many other measures. -
Leapfrog Data Show Safety Declines in Pandemic Era
Recent patient experience data suggest the pandemic caused declines in some patient safety-related measures. Poor communication is a common theme. -
New SBAR Method Improves Handoffs in Texas Hospital
A nursing team at Methodist Hospital in San Antonio developed a new process for handing off patients from the ED to a telemetry unit that improved patient care and decreased the number of rapid responses for recent transfers.
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Develop Good Working Relationship with Counsel for Best Results
Risk managers often work closely with either in-house counsel or outside attorneys representing the hospital or health system in a range of legal matters, but those interactions can go awry without a good working relationship. Establishing boundaries and proper expectations can go a long way toward achieving the best results. -
OCR Researching How Covered Entities Implement Security Practices
OCR recently released a request for information soliciting public comment on how regulated entities are voluntarily implementing security practices under the HITECH Act. It also is seeking public input on sharing funds collected through enforcement with individuals who are harmed via HIPAA violations. -
Breach Report Reveals 61% Increase in Breaches Affecting 500+
OCR recently submitted a report to Congress setting forth the HIPAA breaches and complaints reported in 2020 as well as the enforcement actions taken by OCR. For 2020, OCR reported 656 notifications of breaches affecting 500 or more individuals, 66,509 notifications of breaches affecting fewer than 500 individuals, and 27,182 complaints alleging violations of HIPAA and the HITECH Act. -
Failure to Perform Sterilization Leads to Unwanted Pregnancy, Litigation
This case presents lessons about consent, notice, and records issues as well as interesting aspects of damages for this rather unique malpractice action. This case is a twist on consent and notice whereby the patient wanted a procedure, requested it, paid for it, and believed she received it. -
Allegations of Failure to Diagnose Resulting in Toddler’s Death Sufficient for Malpractice
This case reveals a common theme in medical malpractice actions: the critical importance of expert witnesses and testimony. As often is the case, both sides presented testimony from expert witnesses — qualified physicians who would support the actions taken by the respective side in the prosecution or defense of the litigation.