Healthcare Risk Management – September 1, 2022

Staffing Shortages Could Increase Liability Risks

Staffing shortages can cause a wide range of problems within a healthcare facility. Most of those issues can lead to greater liability risks. Risk managers are struggling to alleviate those risks even as the staffing challenge gets progressively worse.

Nurses Confirm Staff Shortages, Intention to Leave

Research from the American Association of Critical-Care Nurses underscores the severity of nurse staffing shortages and portends continuing problems with retention.

Hospital EDs May See Legal Issues After Abortion Ruling

The Supreme Court’s decision in Dobbs v. Jackson Women’s Health Organization, sending the issue of abortion rights back to the states, could lead to difficult legal situations for some EDs. Risk managers should consider their state laws and plan for potential issues. One of the first issues to consider is how laws restricting abortion intersect with EMTALA.

CMS Issues First Fines for Noncompliance with Transparency Rule

CMS has issued the first fines for violations of the Hospital Price Transparency Rule, and more penalties are expected. The first two hospitals fined for violations of the rule, both in Georgia, received written warnings and were allowed more than four months to bring their operations in compliance with the rule.

Leapfrog Group Addresses Diagnostic Errors with 29 Best Practices

A new report includes 29 actions hospitals can implement to reduce the risk of patient harm or death from diagnostic errors. The Leapfrog Group recently released what it calls a landmark report, Recognizing Excellence in Diagnosis: Recommended Practices for Hospitals. It was derived from a year of research with clinicians, health plans, and employers.

New Checklist Offers Roadmap for Improved Diagnostic Performance

Emergency clinicians spend much time making diagnoses, but knowing they are right is another matter. The Society to Improve Diagnosis in Medicine reports missed or delayed diagnoses are a major public health problem, leading to higher costs, malpractice claims, and potentially adverse outcomes for patients.

Physician Phone Consultation Leads to Potential Liability

This case is an example of how a physician-patient relationship can be formed, even when no direct contact occurs between the physician and patient, or even when the physician is informally consulted by phone.

Patient's Gangrene Results in Amputation, Hospital's Potential Liability

In this case, evidentiary concerns presented material issues for the defendant hospital, which was disputing liability early in the litigation.

Tracking Tool on Hospital Websites Can Lead to HIPAA Breaches

Many hospital websites include a tracking tool that collects protected health information and sends it to Facebook, posing the risk of major HIPAA breaches. In some cases, the hospital leadership has no idea such a tracking tool is on their website. The tracker automatically sends Facebook a packet of data when a consumer schedules a doctor’s appointment on the website.

OCR Releases Guidance on Audio-Only Telehealth

The Office for Civil Rights (OCR) recently issued guidance on how covered entities can use audio-only telehealth services in compliance with HIPAA. In line with what is referred to as the common carrier exception, OCR clarified the Security Rule does not apply to audio-only telehealth services provided by a covered entity that is using a standard landline.