Healthcare Risk Management 2003-07-01

SARS: Risk managers must concern themselves with details others miss

If youre unsure what your hospital is doing to prepare for SARS, nows the time to get involved. The worst may still be to come say federal health officials who warn that the deadly virus is likely to reappear and cause deaths in the United States during the next flu season.

What do you do if SARS shows up at your door?

SARS requires constant readiness, at least until health authorities determine that the virus is no longer spreading, says Susan Kinter, RN, JD, director of claims litigation and risk management at the University of Maryland Medical System in Baltimore.

Toronto hospital enacts strict staff quarantine

The hospital at the center of Torontos SARS outbreak has responded with extensive precautions that risk managers find useful when planning their own response. North York General Hospital closed most of its services, including its emergency department, and enacted strict staff quarantine.

Attorney cautions against improper SARS responses

Health care risk managers should exercise caution when implementing SARS-related work restrictions and other responses to the deadly virus, says Kent Jonas, JD, a labor and employment attorney with the firm of Thelen, Reid & Priest in San Francisco. Acting hastily might result in a lawsuit or charges of federal labor violations, he warns.

Hospital settles EMTALA violation for $12.5 million

The parent company of Ravenswood Hospital Medical Center in Chicago has agreed to pay $12.5 million to settle a lawsuit brought by the family of a 15-year-old boy who died when he was shot just outside the hospital and medical staff refused to treat him because he was not on hospital grounds.

Pharmacist meds review may reduce patient falls

Its common for health care providers to have a process in which they review patients for their risk of falling, but too often that review does not include a pharmacist. A pharmacists review of the patients medications can dramatically reduce the likelihood that a patient will fall and be injured.

Jury awards millions for delay in C-section

A Hayward, CA, jury recently returned a $14.85 million verdict against John Carper, MD, an Alameda family practitioner, and Alameda (CA) Hospital for delay in performing a cesarean, resulting in brain damage and cerebral palsy.

$250k cap could save 25% of malpractice payouts

A $250,000 cap on noneconomic damages in medical malpractice cases would have saved 25% of nearly $1.2 billion in malpractice settlements and awards paid in Florida in just three years, according to a new report by Floridians for Quality Affordable Healthcare.

Court ruling triples verdict by counting inflation twice

A coalition of New Yorks leading health care providers and workers, representing close to 75 hospitals, is protesting a recent court ruling that they say has sent medical malpractice premiums spiraling out of control in New York State.

HIPAA Regulatory Alert: Surveys gauge current state of HIPAA compliance

Now that two significant HIPAA compliance deadlines have passed the April 14 deadline for health care industry compliance with the privacy rule and the April 16 deadline for health care business operations to begin testing transactions and code sets its time to take stock of how far along health care organizations really are when it comes to HIPAA compliance.

HIPAA Regulatory Alert: Popular PC applications can cause security leaks

A report issued by Palisades Systems Inc. in Ames, IA, and Clive, IA-based HIPAA Academy, says that health care organizations that allow peer-to-peer (P2P) and instant messenger applications to run on their computer networks risk compromising patient health information and causing HIPAA privacy violations.

HIPAA Regulatory Alert: Interim rule on monetary penalties to be replaced

The Department of Health and Human Services says its interim final rule establishing rules of procedure for the imposition of civil monetary penalties on entities that violate standards adopted under the administrative simplification provisions of HIPAA will not be in effect after Sept. 16, 2003, because it will be replaced by a final enforcement rule.

HIPAA Regulatory Alert: HIPAA affects ability to help law enforcement

When two police officers arrived at a hospital emergency department asking to be informed if the facility had treated an elderly woman reported missing by her family, hospital staff contacted their outside legal counsel for advice because of wariness about HIPAA privacy regulations. And its good they did.

HIPAA Regulatory Alert: Company develops business associate agreement

One of the nations leading medical messaging services has taken the lead in developing a sound business associate agreement to present to its clients to fulfill HIPAA requirements.

HIPAA Regulatory Alert: WEDI seeks transaction and code set guidance

The Workgroup for Electronic Data Interchange (WEDI) has asked Health and Human Services Secretary Tommy Thompson to provide guidance in light of the fact that a substantial number of covered entities will not be able to achieve compliance with HIPAA Transaction and Code Set (TCS) standards by Oct. 16, 2003, as required under the Administrative Simplification Compliance Act.

HIPAA Regulatory Alert: Software can ease authorization process

As with many areas of health care, new approaches in technology have been sought to ease the way into compliance with HIPAA. One example is the HIPAA GUARD program from Monterey, CA-based Integritas Inc.

HIPAA Regulatory Alert: News Briefs

Companies seek URAC security accreditation; HIPAA.ICC.NET started to facilitate transmission

Legal Review & Commentary: Attack in a psychiatric facility leads to $100,000 judgment

A 42-year-old woman was involuntarily transferred from a community hospital to psychiatric facility after her attempted suicide. At the receiving facility, she was placed in an all-male ward, where she said she was sexually assaulted. A jury returned a verdict of $150,000, that was offset by her contributory negligence.

Legal Review & Commentary: Fall and fractures lead to a $240,000 settlement

After being admitted to a hospital for hip pain, a 69-year-old woman was allowed to walk about unassisted. Days later, X-rays showed she had a hip fracture, which was operated on. She was transferred to the nursing home next door to recuperate and be rehabilitated.

Healthcare Risk Management – July 1, 2003

July 1, 2003