Hospital
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Jury Still Out on Convalescent Plasma
One year after the FDA issued an emergency use authorization, investigators are struggling to draw firm conclusions about the efficacy of this solution against COVID-19.
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FDA Gives Full Approval to Pfizer’s COVID-19 Vaccine
A significant milestone in the ongoing battle against the pandemic.
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HIPAA Records Retention: What Really Is Required?
Risk managers and compliance officers for HIPAA-covered entities might be uncertain about what the privacy law requires regarding records retention because medical records, HIPAA records, federal laws, and state laws become entangled. Clarity on HIPAA records retention might relieve some burden so that covered entities are not doing more than necessary just to ensure compliance. -
Court Rules No Private Right of Action for HIPAA, But Questions Remain
Covered entities may have found themselves breathing a sigh of relief following a recent decision from the U.S. Court of Appeals for the 4th Circuit. In Payne v. Taslimi (998 F.3d 648), the court ruled the plaintiff could not sue as an individual for a HIPAA violation. However, the ruling is not necessarily a complete win for healthcare organizations. -
Proposed Expert Witnesses Correctly Disqualified, But Proper Witness Disregarded
As often is the case, expert witnesses regularly play a pivotal role in medical malpractice actions. A foundational matter is whether an individual may qualify to serve as an expert witness. It can be extremely powerful for either party to challenge the other side’s prospective experts. -
No Liability for Hospital Under Emergency Medical Treatment and Labor Act
This case highlights important provisions of EMTALA, which is a less common basis for allegations of improper medical care when compared to standard allegations of medical malpractice. It also is an important reminder about how courts evaluate allegations of fraudulent concealment. -
Class Action Lawsuits Possible After Cyberattack
Class actions stemming from ransomware attacks are becoming increasingly common as the public awakens to the likelihood these episodes often are accompanied by data extradition and breaches. In the last two years, it has become increasingly common for consumers who are concerned about their own data exposure to file class actions against companies (including cloud software providers and healthcare companies). -
New Threats to Cybersecurity Call for Vigilance, Preparation
Cyberattacks are a major threat to healthcare organizations, with the potential for HIPAA data breaches, the loss of critical patient data, the inability to provide care, and substantial financial losses from ransoms and litigation. The White House is urging hospitals and health systems to take specific steps to improve cybersecurity. -
Billing Records Audits Require Prompt, Thorough Responses
A government billing records audit will make most hospital leaders nervous because of the potential financial — and even criminal — consequences, but understanding the process and best practices can alleviate the stress. -
Medical Groups Back Youth Right to Consent
National organizations filed amicus briefs in two federal cases centered on a law enacted in Washington, DC.