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Healthcare Risk Management

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  • 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.
  • 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.
  • 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.
  • 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.
  • Defendant infighting benefits plaintiffs

    Nothing warms the heart of a plaintiff's attorney more than seeing the co-defendants turn on each other.
  • 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.
  • 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.
  • Legal Review & Commentary: Hospital's negligent administration of sodium results in brain damage: $5M verdict

    A woman presented at the emergency department (ED) complaining of dehydration. She was noticeably confused and had difficulty keeping her balance. The staff determined that she suffered from chronic low sodium. A physician ordered the woman be administered 125 cc sodium every hour. A nurse administered a liter of sodium in less than an hour, causing the woman's serum sodium to increase by 23 mEqs.
  • Whistle-blower suit shows need for vigilance

    A California hospital's recent settlement of a whistle-blower lawsuit reinforces the need for risk managers to be vigilant about preventing and seeking out sweetheart deals for physicians that may violate Medicare's anti-kickback statute, say attorneys familiar with the case.
  • Choose words with care when apologizing for error

    Risk managers have accepted, if not always embraced, the idea of admitting errors and apologizing after an adverse event, but figuring out exactly what to say can be a challenge.