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As useful as peer review protection is in keeping potentially harmful information out of malpractice litigation, risk managers should keep in mind the limits and not become overly dependent on peer review privilege, attorneys say.
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For further analysis and discussion of topics important to hospital professionals, check out Hospital Report, AHC Media's new free blog at http://hospitalreport.blogs.reliasmedia.com.
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A well-prepared team that understands roles and responsibilities when a notice of a HIPAA compliance audit is received is essential for every organization and should be established long before a notice is received, suggests Chris Apgar, CISSP, president of Apgar & Associates, a Portland, OR-based consulting firm. Educate them about the purpose of the audit, and give each person specific responsibilities, he says.
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Risk managers should remind employees that calling the police can be the right thing to do, says Grena Porto, RN, MS, ARM, CPHRM, principal with QRS Healthcare Consulting in Hockessin, DE, and former president of the American Society for Healthcare Risk Management (ASHRM) in Chicago.
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Blue Cross Blue Shield of Tennessee (BCBST) has agreed to pay the Department of Health and Human Services (HHS) $1.5 million to settle potential violations of the Health Insurance Portability and Accountability Act of 1996 (HIPAA) Privacy and Security Rules. The enforcement action is the first resulting from a breach report required by the Health Information Technology for Economic and Clinical Health (HITECH) Act Breach Notification Rule.
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Sexual abuse cases have torn through institutions such as The Pennsylvania State University in recent years, and the state of Delaware is grappling with what is being called the most heinous case of sexual exploitation in healthcare in history. A pediatrician is serving 14 life sentences plus 164 years, and the hospital is facing multiple lawsuits, including a class action lawsuit that could involve as many as 7,000 patients.
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The investigative report of Earl Bradley, MD, by Linda Ammons, JD, associate provost and dean of the Widener University School of Law in Wilmington, DE, cites many instances in which his sexual abuse of children could have been stopped. It also alleges that Beebe Medical Center in Lewes, DE, failed to act properly when Bradley's behavior was questioned.
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News: A woman underwent a hysterectomy at a local hospital. After surgery, the woman woke up complaining of itching and nausea, and she had blisters on her lips. She was given over-the-counter drugs to assist with these symptoms. The woman later had trouble breathing and developed ventricular tachycardia. Four days after surgery, the woman died. A Mississippi jury returned a verdict in favor of the plaintiff in the amount of $4.7 million.
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Implementing policies to protect children from abuse and then enforcing them with zero tolerance will achieve two things, says Julie Logan, president and CEO of Darkness to Light, a national non-profit dedicated to the prevention of child sexual abuse, based in Charleston, SC.
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The Federal Trade Commission (FTC) has issued a final report outlining best practices for businesses to protect the privacy of American consumers and give them greater control over the collection and use of their personal data.
