Healthcare Risk Management – July 1, 2023

Violence Continues to Threaten Hospital Workers and Patients

Violence in healthcare settings is an ongoing problem. Hospitals must create programs to prevent and track workplace violence. Staff should be trained in de-escalation and other tactics. A multidisciplinary threat assessment team should investigate concerns about potential violence. Data related to threats and violence should be carefully tracked.

Establish Relationships with Law Enforcement to Improve Safety, Compliance

Hospital personnel often interact with law enforcement, sometimes resulting in stressful disputes. Establishing a cooperative relationship with police can prevent problems.

With Law Enforcement, Be Courteous but Follow HIPAA Rules

When patrol officers or detectives request access to protected health information, healthcare providers should be reminded they are required to follow confidentiality protections governing these details and should be aware of the applicable limitations as well as ramifications if the rules are violated.

Hospital at Home Rules Changing, Need Attention

Hospitals with hospital at home programs should consider legal and compliance risks since public health emergency has ended. Multiple regulatory issues are involved.

Proposed HIPAA Change on Reproductive Care Could Be Significant

If finalized, the rule would modify HIPAA to create stricter privacy standards for reproductive healthcare records. Covered entities would need to evaluate their practices surrounding, and interactions with, reproductive healthcare information. That includes creating a process by which they can determine the lawfulness of any reproductive healthcare for which they possess protected health information.

Behavioral Treatment for Clinicians Now Protected with Rule Changes

Recent changes to the federal Anti-Kickback Statute and Stark Law provide protection to hospitals and health systems seeking to offer mental health, behavioral health improvement, or maintenance programs to physicians and other clinicians.

Early Missed Sepsis Diagnosis Leads to $2 Million Award for Patient

This case highlights the importance of screening patients properly and the compounding risks for nurses, physicians, and hospitals that can result when staff miss a screening.

Some Informed Consent Claims Do Not Require Expert Testimony to Establish Standard of Care

This case reinforces the importance of comprehensive communication practices and staying up to date on FDA guidelines and warnings for prescribed medications. The ruling could open the door to additional lawsuits for plaintiffs who otherwise would be unable to locate an expert willing to submit an affidavit.