Healthcare Risk Management
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‘Perfect Compliance’ Impossible, Attorneys Argue
Perfection is unattainable when it comes to the myriad regulations that healthcare organizations must follow, according to an amicus brief in the case of Universal Health Services Inc. v. United States et al. ex rel. Escobar et al, on behalf of the National Association of Criminal Defense Lawyers.
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Supreme Court Rules on Implied False Certification
In Universal Health Services Inc. v. United States et al. ex rel. Escobar et al, the U.S. Supreme Court addressed a case involving Yarushka Rivera, a teenage beneficiary of Massachusetts’ Medicaid program who received counseling services for several years at Arbour Counseling Services, a satellite mental health facility owned and operated by a subsidiary of petitioner Universal Health Services.
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Ruling from the Supreme Court Raises Stakes on False Claims
In a decision that increases the risk of violating the False Claims Act (FCA), the U.S. Supreme Court ruled recently that an organization can violate the law if it relied on “implied false certification” when billing the government for services. The hospital or health system may have provided the services, but those services were rendered invalid because the organization — by not stating that it was noncompliant — falsely implied that it was in compliance.
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Improper Administration of a Drug Yields Verdict of $44.1 Million From Jury
In 2011, a 57-year-old woman was transferred to a hospital to treat a benign brain tumor. The hospital removed the tumor and prescribed heparin, an anticoagulant medication. However, staff failed to follow proper procedures in the administration of heparin over nine days.
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Jury Awards $6 Million to Woman Due to Mislabeled CT Scan
A woman arrived at the ED of a hospital and was complaining of abdominal pain. ED staff ordered a CT scan of the woman’s lower abdomen. The radiology department reported that the woman’s CT scan indicated a perforated bowel and/or appendix. However, the CT scan that the radiology department reported actually was that of another patient and had been incorrectly labeled as the woman’s CT scan.
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New Standards Proposed for Patient Safety, Quality
The CMS recently proposed new standards intended to enhance patient safety and improve the quality of care in hospitals. Among several initiatives, the rule seeks to reduce overuse of antibiotics and implement comprehensive requirements for infection prevention.
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AHRQ Tool Identifies Harm to Children in Hospitals
The Agency for Healthcare Research and Quality has released a new “trigger tool” for flagging adverse events in children.
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Use the Right Doctors and the Right Data To Improve Coverage in the ED
Having the right set of ED physicians will reduce the need for specialist coverage, says Pascal Crosley, DO, vice president of CEP America and medical director at St. Agnes Hospital in Baltimore, MD. The more experienced and skilled that the ED physicians are, the less often they will need to call in specialists, he says.
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Settling Too Soon? Expect Long-Term Consequences
Taking a malpractice case to trial is never something you look forward to, but settling the case is not always the best alternative. Knowing when to settle, and when not to, can be critical in minimizing your losses from a malpractice allegation, says Catherine J. Flynn, JD, an attorney with the law firm of Carroll McNulty and Kull in Basking Ridge, NJ.
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Drug Diversion Sting Goes Wrong And Privacy Is Questioned
A California hospital was trying to do the right thing when it set up a video camera to catch drug diversion, but it may have ended up violating patient privacy when the cameras recorded patient care and explicit images.