Healthcare Risk Management – September 1, 2023

Peer Review Protection Varies by State — and Could Be in Jeopardy

Risk managers and clinicians depend on the ability to investigate adverse outcomes or errors without fear their words will be used against them in court, most notably in morbidity and mortality conferences and peer review sessions. The degree of protection varies from state to state — and there is some concern this privilege has been eroded.

Ransomware Attack Can Affect Hospitals Nearby, Create Havoc

If one’s response to a hospital in the community fighting a ransomware attack is only relief that it was not their facility, they could be in for a surprise. Even hospitals not hit by hackers can feel the ripple effect and suffer consequences.

Information Blocking Still Happening After Cures Act

Information blocking is a threat to patient safety, but it still occurs regularly, despite the penalties for noncompliance laid out by the 21st Century Cures Act. Recently, the HHS Office of Inspector General announced its final rule establishing penalties of up to $1 million for any entities that block the flow of necessary health data.

State Laws on PHI Require Careful Consideration

Complying with HIPAA requirements on patient privacy may be difficult sometimes, but it is not enough. State laws also apply — and they may come with different requirements.

Check Insurance Coverage for Natural Disasters

Healthcare organizations should know if they are adequately insured for natural disasters. Organizations should review their policies with their insurance agents to understand what coverage they have for natural disasters and what additional coverage they might need.

Court Dismisses Patient’s Complaint After Time Runs Out on State’s Statute of Repose

This ruling serves as a reminder of the importance of state-specific statutes of repose and their implications on medical practice and potential litigation, especially in circumstances interacting with federal law, where applicable.

Court Orders New Trial After Finding Hospital’s Expert Lacked Necessary Qualifications

This case shows how expert testimony plays a crucial role in establishing the cause of injuries and determining liability in medical malpractice litigation. It also highlights the importance of selecting an expert who is not only qualified to offer an opinion on general causation, but one who is qualified to offer an opinion on specific causation. The difference between the two is the difference between a favorable verdict and a retrial.

Employee Curiosity Sometimes Overcomes HIPAA Training

Recently, a hospital in Washington was fined $240,000 in a settlement with the Office for Civil Rights over allegations that 23 security guards snooped in the medical records of 419 patients — a reminder that this pernicious type of HIPAA violation is difficult to eliminate.

Plan Now for Eventual HIPAA Changes

HHS has been expected to finalize proposed modifications to HIPAA in 2023, but it now appears that will not happen until December 2024 — or later. Whenever the changes come, covered entities will need to review their compliance policies and update them within 180 days of final rulemaking.