Healthcare Risk Management
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Compliance Requirements Continue to Change, Need Close Attention
Healthcare compliance is a never-ending challenge, and the expectations change constantly. Staying abreast of new developments is essential. Some of the latest involve the False Claims Act, Medicare risk adjustments, and HIPAA enforcement.
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Attorney-Client Privilege Is Vital, but Know Limitations
Attorney/client privilege can be vital in defending malpractice cases and managing other risk management issues. But sometimes, it is misunderstood by risk managers in healthcare, and missteps can have significant implications. Understanding attorney-client privilege is the first step to taking advantage of this important protection.
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Emergency Physician Defendants Get Help from Peer Support Model
Many emergency physicians (EPs) named in lawsuits are emotionally derailed by the process, and experience anxiety, frustration, and insomnia as a result.
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Defendants Prevail Against Malpractice Claims Related to Hernia Surgery and Medication List
This case has many lessons to learn from the multiple defendants, multiple theories of malpractice liability, and multiple defenses. Perhaps one of the more interesting aspects of this case relates to the patient’s primary care physician, who was one of the two remaining defendants when the matter proceeded to trial.
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Failure to Diagnose and Treat Post-Surgery Infection Leads to $1.18 Million Verdict
One of the primary takeaways from this case is the importance of keeping thorough and accurate records. Keeping thorough and accurate records is important given the length of time that lapses between the underlying medical services and the potential for legal action, particularly trials.
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HHS Proposes Cybersecurity Requirements for Hospitals
The Department of Health and Human Services (HHS) recently released a concept paper outlining its cybersecurity strategy for the healthcare sector, focusing specifically on strengthening resilience for hospitals threatened by cyberattacks. HHS outlined four pillars for action, including new voluntary healthcare-specific cybersecurity performance goals.
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Patient and Family Complaints Require Careful Response
Healthcare organizations should have processes for responding to complaints from patients and families. The nature and seriousness of the complaint will dictate how much of a response is required.
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When a Privacy Breach Is Not a Breach
Language is important when talking about noncompliance with HIPAA. Not every instance of noncompliance is a breach.
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Ransom Demands Decrease and More Companies Refuse to Pay
The number of ransomware victims opting to pay the ransom has fallen to a record low. At the beginning of 2019, 85% of ransomware victims paid a ransom. However, that figure fell to 46% in the middle of 2021 and 29% in the last quarter of 2023.
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HHS Issues HIPAA Best Practices for Telehealth
The Department of Health and Human Services published a resource guide to assist telehealth providers in explaining the privacy and security risks to patients, but the guidance makes clear HIPAA does not require this education. However, the goal is for the resource guide to help providers who would like to discuss potential risks with the patient.