Healthcare Risk Management – May 1, 2020
May 1, 2020
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COVID-19 Creates Multiple Risk Exposures as Hospitals Respond
Risk managers should recognize several types of potential liabilities and exposures related to the COVID-19 pandemic response. Some compliance and regulatory burdens have been eased, but risks remain.
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CMS Issues Stark Waivers, Makes Other Allowances for Pandemic
The Centers for Medicare & Medicaid Services issued waivers and allowances that will affect risk management programs, including 18 blanket waivers of sanctions under the Stark Law.
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Telehealth Rules Eased, but Oversight Still Needed
The federal government acted quickly to make telehealth services more accessible in the COVID-19 pandemic, but risk managers must fully understand the changes to avoid creating liability risks. Some telehealth changes are aimed at making the service reimbursable, and therefore available to more patients. But there also are compliance issues.
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EMTALA 1135 Waivers Allow Flexibility
The Centers for Medicare & Medicaid Services issued waivers for some Emergency Medical Treatment & Labor Act (EMTALA) requirements, acknowledging certain expectations are not reasonable to achieve during a pandemic. However, EMTALA still applies.
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Do Not Forgo HIPAA Requirements in Pandemic Response
The Department of Health and Human Services Office for Civil Rights will disregard some HIPAA violations during the pandemic response. Risk managers should understand which parts of the privacy rule are affected.
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More Attention Now to Workplace Violence; Employers More Receptive
Workplace violence is receiving more attention from hospital and health system leaders. Now may be the time to push for worker safety initiatives that previously could not gain traction.
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Think About Record Retention Now, Not at End
Physician practices and even hospitals sometimes make the mistake of putting off decisions on record retention until they think it is time to clear out a storage facility or reduce their data storage expenses. A better approach is to determine how long certain records should be kept and then establish a destruction date.
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Appellate Court Affirms $5.1 Million Award for Patient’s Death After Hernia Repair Surgery
This case raises important considerations about making appropriate choices in the selection of equipment and methods for treatment, as well as the importance of retaining a qualified and persuasive expert witness in the event of litigation.
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State Supreme Court Orders New Trial in Childbirth Death Suit
This case reveals the indisputable importance of experts. Important lessons from this case relate to challenging the sufficiency of such experts and whether the experts have offered opinions relevant to the proceedings. Who qualifies as an “expert” may be the proper subject of debate.