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Prepare Now for Critical Device Security Incidents

Hospitals and health systems are increasingly dependent on sophisticated medical devices for patient care and maintaining safety, but not all are ready to respond effectively when hackers access those devices. Risk managers should ensure an effective response plan is in place that is well practiced and ready to deploy at a moment’s notice.

Evidence Shows Apology Laws Are Largely Ineffective

What was once a nagging suspicion is becoming established fact. There is growing evidence demonstrating the “apology laws” enacted by most states to protect clinicians after adverse events have little positive effect. These apologies might even encourage patients to sue, and they can work against a defendant during trial.

HIPAA Relevance to COVID-19 Vaccinations Can Be Misunderstood

Employees and employers frequently believe HIPAA comes into play when asking about an individual’s vaccination status. It almost always does not. Although some states are considering legislation designating vaccination status as a separate protected class, private employers generally are free to ask employees about their vaccination status without running afoul of HIPAA or federal employment laws.

HIPAA Changes Coming in 2022 Might Require Policy Revisions

Proposed changes to HIPAA and HITECH may affect covered entities and business associates in 2022. Now is the time to consider any effects, and respond accordingly. The modifications could require updates to policies and procedures, notices of privacy practices, forms, business associate agreements, and other HIPAA-related compliance issues.

Birth Injury Suit Defense Verdict Upheld in Favor of Physician and Practice Group

Lessons from this case on the law may be unique to this state, but it demonstrates the importance of reviewing a physician or care provider’s applicable laws for any such special protections. In a different state, the outcome here could have been dramatically different: The physician was negligent and the patient was injured, which could have resulted in a jury awarding millions of dollars for lifelong injuries requiring ongoing medical care. But here, the negligent physician was protected by the state law.

Fraudulent Concealment Prevents Physician from Using Statute of Repose Defense

This case reveals the importance of providing patients with relevant information and documenting the provision of information in a timely fashion. In this case, the negligence focused on the physician’s failure to inform the patient about the kidney mass and failure to diagnose the cancer. When patients are not fully informed of material information, such as an abnormal mass, patients are deprived of the ability to make informed decisions.

Co-Branding Requires Attention to Anti-Kickback, Stark, Tax Laws

Co-branding is a common tactic in healthcare that signals collaboration, excellence, and high-quality service offerings. But as common as co-branding is, healthcare providers that use this must have a legal structure in place as the integration occurs.

2021 Healthcare Takedown Shows DOJ’s Focus on Pandemic

The Department of Justice’s 2021 Healthcare Takedown report indicates government investigators are looking for fraud in some areas related to the pandemic as well as some perennial sources of wrongdoing.

Civil Cyber Fraud Initiative Will Increase Some Liability Risk

The U.S. Department of Justice is pursuing an initiative aimed at uncovering and punishing government contractors with insufficient cybersecurity or who fail to report breaches. The agency is wielding the False Claims Act as a primary tool.

CMS Requires COVID-19 Vaccinations for Healthcare Workers

The Centers for Medicare & Medicaid Services’ highly anticipated interim final rule requiring healthcare workers to be vaccinated against COVID-19 will bring new obligations for healthcare employers, but it also might help overcome the objections of some employees.