Healthcare Risk Management
RSSArticles
-
Biden Administration Expected to Expand Enforcement; Pandemic Grants Targeted
The enforcement of white-collar crime laws in the healthcare sector is likely to expand under the Biden administration, particularly regarding fraud associated with the billions of dollars in grants Congress allocated to hospitals and other health providers for pandemic relief.
-
Closed Claims Study Shows Pain Management Risks as COVID-19 Contributes
An analysis of closed medical malpractice claims related to pain management identifies common areas of risk and reveals the COVID-19 pandemic has created new possibilities for liability. A top contributing factor in 90% of all closed claims was insufficient consent between the physician and the patient or family.
-
Changes to Stark Law Create Leeway for Inadvertent Errors
Proposed changes to the Physician Self-Referral Law (Stark Law) and other laws would give healthcare organizations more ability to avoid self-disclosure and refunds. The changes are expected to be finalized soon.
-
Physician Judgment Case Might Mean More Risk from FCA
Clinicians make judgment calls every day that do not always turn out to be correct, even when they are made in good faith. A recent court decision regarding the medical necessity of hospice care could put clinicians and hospitals at risk of False Claims Act allegations when judgment calls turn out wrong.
-
Court Orders New Trial Over Hospital’s Improper Closing Arguments
The appellate court’s decision focused on whether the non-party status of the nurse who allegedly dropped plaintiff was determinative in the case at hand. The court of appeals found the trial court failed to exercise its full range of discretion and had not carefully considered the fact that although the nurse was not a party to the case, her conduct was the object of the case, and it was unclear whether the jury fully understood that she was not a party to the matter.
-
Hospital to Stand Trial for Botched Brain Surgery Performed with Recalled Laser
As often is the case in medical malpractice cases, defendants made a concerted effort to dismiss the case based on the insufficiency of the plaintiff’s expert report. Here, however, the court of appeals began its analysis by specifying that based on the applicable standard of review, the purpose of the plaintiffs’ expert report is to demonstrate the plaintiff is not filing a frivolous lawsuit.
-
New and Proposed HIPAA Rules May Offer More Protection
New legislation and proposed rules will affect HIPAA compliance. Both actions are good news for covered entities and business associates.
-
Nurse in Jeopardy for Refusing Hospital’s COVID-19 Policy on Scrubs
A Minnesota nurse refused to follow his hospital’s policy on taking scrubs home and laundering them, rather than using hospital-provided scrubs. The hospital fired the nurse, who is alleging whistleblower retaliation. Nurses at the hospital resisted the policy because they did not want to take COVID-19 home to their families.
-
Understanding Emergency Use Authorization Issues with COVID-19 Vaccine
Current COVID-19 vaccines have not undergone the process for full FDA approval, but have been authorized under a streamlined process known as an emergency use authorization. Because of this, the vaccines are technically considered experimental and are subject to regulations that may affect whether employers are permitted to mandate their use by employees.
-
EEOC Says Employers Can Mandate Vaccines — with Exceptions
Under certain circumstances, employers are permitted to mandate their employees to receive a COVID-19 vaccination as a condition of their employment. That position was outlined by the Equal Employment Opportunity Commission in guidance published in December 2020. However, this guidance is not without its limits.