Healthcare Risk Management – June 1, 2024

New Noncompete Rule Requires Reevaluation of Healthcare Agreements

A recent decision by the Federal Trade Commission changes how healthcare organizations can limit the activities of employees after they resign or are terminated, requiring a review of any noncompete agreements currently in place and policies that require them..

CMS Moving to Address Patient Harm with Additional Measures

Centers for Medicare & Medicaid Services is planning to introduce additional requirements to improve patient safety, and risk managers would be wise to anticipate how those new measures might affect their operations.

Safety II Framework Aims to Improve Safety, Eliminate Useless Tasks

A better approach to patient safety can eliminate much of the useless and redundant tasks that burden clinicians and do little to avoid harm, says a researcher who encourages risk managers to consider the natural tendencies of people in the workplace.

Stigmatizing Language Can Lead to Diagnostic Errors, Patient Harm

Stigmatizing language is inappropriate in healthcare and can easily seep into documentation and verbal communication. One of the worst effects of such comments is that it can lead to diagnostic errors and other threats to patient safety, according to recent research.

Falls Remain a Leading Safety Problem, Still Need Attention

Risk managers must not let their guard down on the perennial patient safety concern of falls, looking to the proven methods of prevention and the sometimes simple steps that can have significant effect.

State Laws Affect Privacy Compliance; Data Tracking Also a Concern

New state privacy laws can affect hospital operations but might be overlooked when the focus is on HIPAA compliance.

Review Cyber Risk Insurance, Brace for Transparency Issues

Pay attention to your policies for cyber insurance or data liability when they come up for renewal or if you are in the process of obtaining them,

Virginia Supreme Court Orders New Trial in Medical Malpractice Case After Trial Court Refuses to Give Jury Instruction About Alternative Causes

Recently, the Virginia Supreme Court ordered a new trial in a medical malpractice case in which a woman was awarded $1.6 million. The verdict was affirmed by the Court of Appeals. However, on appeal to the Virginia Supreme Court, the court found that the trial court erred by refusing to give the defendants’ proposed jury instruction on the issue of alternative causation to the jury.

Ohio Appellate Court Refuses New Trial for Patient Plaintiff with Errors in Record on Appeal

Recently, an appeals court in Ohio affirmed a verdict finding a defendant group of doctors not liable for medical malpractice in failing to detect a woman’s cancerous tumor. After the jury reached a verdict for the defendants, the plaintiff argued that her lawyer should have been allowed to impeach the defendant pathologist who she accused of failing to detect her cancerous growth.

OCR’s Update on Online Tracking Guidance Still Tricky

The Office for Civil Rights (OCR) recently updated its December 2022 bulletin regarding the use of third-party tracking technologies by HIPAA-regulated entities “to increase clarity for regulated entities and the public.” However, the clarity is questionable.

Steps to Take in Response to OCR Guidance on Online Tracking

The Office of Civil Rights’ updated guidance on HIPAA and online tracking technologies leaves many questions, but covered entities should take certain steps now.

OCR Investigates Change Healthcare After Major Cyber Incident

In an unusual move signifying the severity of the huge cyberattack on Change Healthcare, a unit of UnitedHealth Group breach, the Office of Civil Rights is formally investigating the incident.