Healthcare Risk Management 2014-05-01

Health system sued by doctor who was fired for Facebook post

An emergency physician is suing Spectrum Health for firing her after a post on Facebook. The post involved a patient who had been treated at the facility.

Buttocks photo, patient initials lead to doctor’s dismissal

The lawsuit against Spectrum Health in Grand Rapids, MI, filed by Catherine Puetz, MD, outlines the incident that led to her dismissal.

CMO’s statement could complicate hospital’s defense

The alleged claim by a fired emergency physician, that the chief medical officer (CMO) assured her that her job was not in jeopardy, could complicate matters for the hospital, which is being sued by the doctor, says Jason Koors, JD, legal counsel with MemorialCare Health System in Fountain Valley, CA.

State laws can affect your whistleblower response

State laws can vary significantly regarding a providers options when responding to a whistleblower.

Dig into social media as defense to dismissal lawsuits

Healthcare providers should use social media research as a defense tool when sued by employees and physicians, says Philip Becnel, managing partner of Dinolt Becnel & Wells Investigative Group in Arlington, VA.

Huddles getting popular, but use them correctly

Huddles are used by many providers to improve safety, but there are few guides for how to conduct them. A specific format will improve the results of the huddle.

Interventions reduce serious events 83% at one hospital

A health system has reduced serious adverse events by 83% over five years. The improvement is the result of a system-wide quality improvement effort.

Stanford, contractor to pay $4.1 million over privacy

It will take $4.1 million for Stanford (CA) Hospital & Clinics and one of its former contractors to settle a class action lawsuit claiming the hospital violated state privacy law by allowing the protected health information (PHI) of 20,000 emergency department patients to be posted online for nearly a year.

HHS releases security risk assessment tool

A new security risk assessment (SRA) tool to help guide healthcare providers in small- to medium-size offices conduct risk assessments of their organizations is now available from the Department of Health and Human Services (HHS).

HHS final CLIA rule allows reports to patients

>In a major change from past policy, the Department of Health and Human Services (HHS) published a final rule amending the Clinical Laboratory Improvement Amendments of 1988 (CLIA) regulations and the Health Insurance Portability and Accountability Act (HIPAA) regulations to permit CLIA-certified laboratories to provide copies of completed test reports to patients (or their representatives) upon request.

Consumer Reports ranks safest hospitals

Consumer Reports has released safety scores for U.S. hospitals by combining five key measures into one composite score from 1 to 100.

CDC wants every hospital to use an antibiotic checklist, improve safety

Reducing prescriptions of high-risk antibiotics in hospitals by 30% could lead to 26% fewer cases of deadly diarrhea infections, according to new advice from the Centers for Disease Control and Prevention (CDC).

Going too far with HIPAA compliance threatens care provided to patients

Healthcare providers can go overboard with efforts to comply with HIPAA, hindering the necessary transfer of patient information.

Policies should address difficult HIPAA scenarios

There can be murky situations in which the right interpretation of HIPAA is not obvious, says Patricia Wagner, JD, an attorney with the law firm of Epstein Becker Green in Washington, DC.

Tactical approach takes advantage of confusion

With providers increasingly skittish about violating HIPAA but uncertain about exactly what is required, some IT professionals see an opportunity to improve data security, says Mick Coady, principal and co-leader of the Health Information Privacy and Security Practice at PricewaterhouseCoopers, the financial services and consulting company in St. Louis.

Report finds HIPAA hindering data usage

Overly strict compliance with HIPAA threatens patient safety and quality of care, according to a report from the Bipartisan Policy Center in Washington, DC.

HHS considering change for background checks

A proposed change to HIPAA might help healthcare providers alert law enforcement agencies that a persons mental illness should be considered when allowing a gun purchase, an action that is made difficult and sometimes impossible by the convergence of HIPAA and state laws.

Health system uncovers inside data breach

Riverside Health System in Newport News, VA, has fired an employee and is offering free credit monitoring to several hundred patients affected by a privacy breach that involved records covering four years.

HHS to survey 1,200 — Audits might follow

The Department of Health and Human Services (HHS) Office for Civil Rights (OCR) announced that it will survey up to 1,200 covered entities and business associates to find those in need of a full HIPAA compliance audit.

First ever settlement with local government

In the first settlement with a local government, the Department of Health and Human Services (HHS) reached an agreement with Skagit County, WA, about HIPAA violations.

Failure to diagnose premature labor leads to impairments for infant, $42 million verdict

A mother gave birth to a premature child with multiple physical and cognitive impairments after physicians failed to timely admit the mother to the hospital and subsequently failed to administer treatment that would have prevented brain damage and respiratory distress.

Misdiagnosis of flu instead of pneumonia results in death for 10-year-old girl

A 10-year old girl died as a result of complications due to pneumonia after doctors mistakenly diagnosed her with the flu.

Healthcare Risk Management – May 1, 2014

May 1, 2014