Healthcare Risk Management – September 1, 2024

Chevron Ruling Will Bring Uncertainty to Healthcare Compliance

The Supreme Court’s recent ruling sharply reducing the power of federal agencies to interpret the laws they administer might produce major changes in healthcare compliance in the coming years.

Supreme Court Ruling Could Be ‘Sea Change’ for Healthcare

The Supreme Court ruling reversing the earlier Chevron determination giving deference to federal agencies to interpret rules will have a significant impact on the healthcare industry, but the effects will not come all at once.

CrowdStrike Crisis Leaves Lessons for Healthcare

The CrowdStrike debacle affected many health systems and hospitals, shutting down critical systems and forcing many to delay or cancel procedures.

Changes to Substance Abuse Disorder Records Rules

Health and Human Services recently made changes to the confidentiality of substance use disorder records, providing that Part 2 violations now will be subject to both criminal and civil penalties.

Important Lessons for Medical Providers from Case Against Surgical Device Manufacturer Accused of Faulty Design

A federal court in Florida recently allowed claims to proceed against a surgical device company after the death of a patient whose doctor used the instrument on her during the surgery. The plaintiff, diagnosed with colon cancer, filed a lawsuit against the manufacturer of the device, claiming that the injury resulted from a defect in the device’s insulation.

Texas Appellate Court Affirms Dismissal of Medical Malpractice Plaintiff’s Complaint for Failure To Observe Procedural Requirements

Recently, a Texas appellate court affirmed the dismissal of a plaintiff’s medical malpractice action after she failed to comply with Texas procedural rules.

Respond to HIPAA Complaints with Planned Process

Healthcare organizations should have a formal process in place for responding to HIPAA complaints to avoid having significant problems slip through the cracks and possibly result in penalties.

Unique Identifier Rule Can Be Confusing

HIPAA’s Unique Identifier Rule mandates the use of standardized codes to provide unique identification of healthcare organizations, employees, and patients in an effort to enhance efficiency and security. The requirements and use of the codes can be confusing.

Hospital Terminates Employees for Allowing Another To Do Their Jobs

A Boston hospital recently announced that it terminated two employees over a privacy breach after an investigation determined that they allowed a third person, not an employee of the hospital, to perform some of their job duties. That person might have accessed patient protected health information, the hospital said.