Hospital Management
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Multistate Drug Diverter’s Plea Denied, Faces 29 More Years
When it comes to discussion and analysis of drug diversion, David Kwiatkowski is the elephant in the room. More aptly, he is in a Florida federal prison cell. A hepatis C virus carrier, Kwiatkowski was sentenced to 39 years in prison in 2013 for infecting a string of victims with HCV as he diverted drugs from multiple hospitals in eight states. Tracking back through this trail of tears, federal officials with the Department of Health and Human Services tallied 45 HCV-infected patients, two of whom died.
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Worker Shortage, Pandemic Make Drug Diversion Easier
Drug diversion can happen quickly as healthcare workers move from one facility to another, enabled by lax reporting systems and hospital disincentives to alert patients and raise liability issues. Diverters may slip through cracks in oversight by medical and nursing boards as they move to other facilities and are lost to follow-up.
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OCR Strengthens Confidentiality of Substance Use Disorder Patient Records
The Office for Civil Rights and the Substance Abuse and Mental Health Services Administration recently announced proposed changes to the Confidentiality of Substance Use Disorder Patient Records under 42 CFR Part 2, which could affect HIPAA compliance programs.
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Tracking Software Can Lead to HIPAA Violations
The HHS Office for Civil Rights has released a bulletin warning the use of website tracking technologies could result in HIPAA violations. Covered entities need to review their use of these tracking technologies and make necessary improvements.
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Appeals Court Dismisses Wrongful Death Lawsuit for Failure to Timely File Claim
This case is a fine example of the Government Claims Act and its application to public entities, including public health systems.
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Medical Center May Have Coverage for Suit Alleging Treatment from Unlicensed Physicians
There are two lessons from this case. First, while it is incumbent upon each physician to regularly secure, maintain, and update appropriate medical licensure, it also is important healthcare companies employing physicians maintain their own checks and balances to ensure that all licensure for its working physicians is up to date.
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Malpractice Lawsuits Allege Wrongful Prolongation of Life
The top problems in these cases are charting and communication among caregivers.
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Whistleblowers Not Needed for False Claims Act Enforcement
The federal government can detect False Claims Act violations without alert from a whistleblower, a development that could lead to a greater risk of investigations for healthcare organizations. The government is using its own sophisticated data analytics to identify potential False Claims Act cases.
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Researchers Help Identify High-Risk AMA Patients, Solutions
Researchers recently studied the underlying causes of patients leaving AMA, finding certain populations are at higher risk. The team also identified possible ways to reduce AMA rates.
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Reduce Risk When Patients Leave AMA
Patients leaving against medical advice (AMA) put themselves and the hospital at risk. The patient may suffer harm from forgoing needed care, and the hospital may be held liable for that harm. Discouraging patients from leaving AMA can be difficult, leaving the facility to depend on documenting its efforts to provide care.