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Healthcare Risk Management

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  • HIPAA Regulatory Alert: Wellness incentives fine; no penalties for opt-outs

    Hospitals are boosting incentives for wellness programs, with the hopes that healthier employees will have lower medical claims and better productivity. That push for greater incentives is likely to continue despite a recent advisory notice cautioning employers not to penalize employees who choose not to participate.
  • Nursing union sues over required flu shots

    Mandatory flu shots spark a backlash from health care employees every year, and the publicity over the H1N1 flu virus has prompted more health systems to require vaccination. Nurses in Washington state are resisting, with a union representing 16,000 registered nurses filing a federal lawsuit against MultiCare Health System in Seattle for implementing a mandatory flu vaccination policy.
  • Defendant infighting benefits plaintiffs

    Nothing warms the heart of a plaintiff's attorney more than seeing the co-defendants turn on each other.
  • Co-defendants don't have to fight each other

    Things can get ugly in malpractice litigation, and the antagonism can be ramped up even higher when the hospital and a physician are co-defendants.
  • Sell yourself to carriers for best deals

    Getting the best premiums in 2010 will require that you showcase your data and market them to potential carriers, says Melinda S. Malecki, JD, a risk manager with the Chicago firm of Lebow Malecki. She serves as risk manager at one Chicago hospital and purchases insurance for two hospitals.
  • Legal Review & Commentary: Post-surgical bleeding leads to brain damage

    A woman underwent a laparoscopic-assisted vaginal hysterectomy. Following the procedure, she was administered a painkiller, and her respiration was assisted by an oxygen mask. A couple of hours after the surgery, her blood pressure and pulse rate began to decline. Later, a hospital employee noted that the woman's blood pressure was abnormally low, but that her pulse had increased and her abdomen was distended. However, no action was taken.
  • HIPAA Regulatory Alert: HIPAA security enforcement now under HHS OCR

    The U.S. Department of Health and Human Services (HHS) is shifting enforcement authority of the HIPAA security rule from the Centers for Medicare & Medicaid Services (CMS) to the HHS Office of Civil Rights. Since 2003, the Office of Civil Rights has overseen enforcement of the HIPAA privacy rule, which protects the confidentiality of patients' health information.
  • HIPAA Regulatory Alert: Who says 'No good deed goes unpunished'?

    You'd think that any hospital in the country would be pleased to have its nurses come forward when they notice a physician practicing in a manner that is less than optimal for his or her patients. In fact, a number of states even allow the sharing of protected health information if it's necessary for such whistle-blowers to state their case.
  • HIPAA Regulatory Alert: Are you ready for the new breach notification rule?

    Now that the U.S. Department of Health and Human Services (HHS) has released an interim final rule implementing the breach notification provisions of the Health Information Technology for Economic and Clinical Health (HITECH) Act, risk managers and compliance officers have been huddling with their teams (including their attorneys) to determine exactly how it will impact them and what steps they must take to be in compliance.
  • More TV ads from plaintiffs' attorneys

    Brace yourself for more lawsuits. Television advertisements soliciting plaintiffs for medical malpractice lawsuits increased from about 10,150 ads in 2004 to more than 156,000 ads in 2008 nearly a 1,400% increase in four years, according to a new study.