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Healthcare professionals can find themselves in a quandary when they want to report fraud or other concerns within their organizations because doing so could require disclosure of protected health information. That could seem like a HIPAA violation; fortunately, there is a whistleblower exception that covers this scenario.
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The Office for Civil Rights announced its 18th settlement of an enforcement action in its HIPAA Right of Access Initiative on March 26.
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With nearly 20 settlements so far, the Office for Civil Rights (OCR) is showing its determination to protect patients’ rights to obtain their medical records from healthcare entities. OCR announced its Right of Access Initiative in 2019 and vowed to “vigorously enforce” patients’ right to access their medical records. OCR continues investigating allegations of improper delays that potentially violated the HIPAA Privacy Rule’s right of access requirements (45 C.F.R. § 164.524).
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This case provides two meaningful lessons about medical malpractice jury trials and related expert witness testimony.
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While it always is necessary to consult with local counsel (as damages analyses can vary by state), this case suggests an expansion of the traditional concept of how courts and experts calculate pain and suffering.
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EDs can learn a lot from this particular case about how to avoid litigation for disregarding advance directives.
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OSHA inspections require preparation for the best results. Healthcare facilities must meet certain industry-specific requirements.
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The latest report on maternal health from The Leapfrog Group shows progress on all three health measures, but there is room for improvement. A record percentage of hospitals achieved Leapfrog’s target for nulliparous, term, singleton, vertex cesarean delivery rates.
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Risk managers should work closely with hospital security directors to coordinate efforts to address workplace violence and other threats. Hospitals must balance security with welcoming the public and providing a pleasant atmosphere.
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Healthcare organizations are afforded substantial protection from liability related to administering the COVID-19 vaccines, but there are ways to void that protection and create vulnerability for plaintiffs’ attorneys. With more than 100 million people fully vaccinated in the United States, it is inevitable some will try to claim damages and sue the organization that administered the vaccine.
