Healthcare Risk Management
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National Patient Safety Board Could Be Implemented
A bill in Congress could create a patient safety board modeled after the successful safety efforts in transportation. The bill would create a National Patient Safety Board that would do for the healthcare industry what the National Transportation Safety Board and Commercial Aviation Safety Team have done to improve safety for those fields for more than 25 years.
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Supreme Court Ruling Helps with Meritless False Claims Act Lawsuits
The U.S. Supreme Court issued an important ruling that will help healthcare organizations and practitioners gain relief from meritless whistleblower lawsuits under the False Claims Act.
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Know How False Claims Act Works to Prevent Violations
Understanding the ins and outs of the False Claims Act can prevent violations and improve the outcome if the government or a whistleblower does allege fraud and abuse. False Claims Act investigations are almost impossible to avoid for large companies, so risk managers must thoroughly understand the law.
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Some Informed Consent Claims Do Not Require Expert Testimony to Establish Standard of Care
This case reinforces the importance of comprehensive communication practices and staying up to date on FDA guidelines and warnings for prescribed medications. The ruling could open the door to additional lawsuits for plaintiffs who otherwise would be unable to locate an expert willing to submit an affidavit.
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Early Missed Sepsis Diagnosis Leads to $2 Million Award for Patient
This case highlights the importance of screening patients properly and the compounding risks for nurses, physicians, and hospitals that can result when staff miss a screening.
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Behavioral Treatment for Clinicians Now Protected with Rule Changes
Recent changes to the federal Anti-Kickback Statute and Stark Law provide protection to hospitals and health systems seeking to offer mental health, behavioral health improvement, or maintenance programs to physicians and other clinicians.
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Proposed HIPAA Change on Reproductive Care Could Be Significant
If finalized, the rule would modify HIPAA to create stricter privacy standards for reproductive healthcare records. Covered entities would need to evaluate their practices surrounding, and interactions with, reproductive healthcare information. That includes creating a process by which they can determine the lawfulness of any reproductive healthcare for which they possess protected health information.
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With Law Enforcement, Be Courteous but Follow HIPAA Rules
When patrol officers or detectives request access to protected health information, healthcare providers should be reminded they are required to follow confidentiality protections governing these details and should be aware of the applicable limitations as well as ramifications if the rules are violated.
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Establish Relationships with Law Enforcement to Improve Safety, Compliance
Hospital personnel often interact with law enforcement, sometimes resulting in stressful disputes. Establishing a cooperative relationship with police can prevent problems.
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Violence Continues to Threaten Hospital Workers and Patients
Violence in healthcare settings is an ongoing problem. Hospitals must create programs to prevent and track workplace violence. Staff should be trained in de-escalation and other tactics. A multidisciplinary threat assessment team should investigate concerns about potential violence. Data related to threats and violence should be carefully tracked.