Healthcare Risk Management
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Patients Can Claim Discrimination
Employers often focus on avoiding discrimination charges from employees. But healthcare organizations must remember patients also can allege discriminatory conduct. The consequences can be significant. -
DOJ Report on FCA Settlements Shows Focus on Healthcare
The U.S. Department of Justice recently announced it recovered more than $5.6 billion under the False Claims Act in fiscal year 2021, more than double the $2.3 billion recovered in fiscal year 2020. Healthcare-related recoveries accounted for almost 90% of the 2021 settlements and judgments. -
Safety Incident Reports Often Compromised by Blaming
Healthcare organizations encourage and sometimes require staff to file safety incident reports after any kind of mishap. But many of those reports include improper accusations of wrongdoing and blaming individuals. This undermines the value of the incident reports. -
Mayo Clinic Fights Drug Diversion, Reduces Propofol Waste to Zero
A propofol disposal initiative at Mayo Clinic in Rochester, MN, reduced the number of full propofol bottles in an ICU waste bin to zero, successfully addressing drug diversion at the facility. -
Drug Diversion Creates Significant Liability Risk
Drug diversion is a perennial problem for healthcare organizations. Risk managers should know there is substantial liability risk from the possible effects on patient safety. This problem is not improving, industry sources say — and some things are getting worse. -
HHS Guidance Addresses HIPAA and Emergency Protective Orders
HHS recently issued guidance about HIPAA compliance when information must be released in conjunction with an extreme risk protection order. The guidance will be useful for risk managers and compliance officers, but may present some challenges when trying to adhere to HIPAA restrictions. -
HIPAA Safe Harbor Offers Limited But Important Protection
The HR 7898 HIPAA Safe Harbor Law, enacted in 2021, created a “safe harbor” for HIPAA-covered entities and their business associates when potentially facing fines and other penalties under HIPAA. But there are nuances to the law that risk managers and compliance officers must consider. -
Appeals Court Denies Hospital’s Objection to Expert Witness Report
This case shows the importance of expert testimony in reporting the standard of care. However, the legal requirements for expert witnesses are fairly minimal. -
Appellate Court Revives Lawsuit Against Hospital for Harvesting Organs Despite Objections
This case shows the standard of review for a plaintiff’s success on a claim of intentional infliction of emotional distress against a hospital.
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Abnormal Vitals Linked to Unanticipated Death After ED Discharge
More than half of 129 patients who died unexpectedly after they were discharged from EDs exhibited abnormal vital signs at the time. Each patient had presented to an urban academic ED between 2014 and 2017, and died within seven days after they went home.