Medical Malpractice Liability for Management Companies

Posted on March 10, 2015 by BSW

When can a company that manages a hospital be liable for the medical malpractice of the institution and its physicians? According to one recent New Mexico decision, when its agents knew of pattern of sub-standard conduct and didn’t act to address it. The case involved one physician performing experimental surgery on over 100 patients over a period of years. The decision allowing the claim against the manager was rendered in the hospital’s bankruptcy proceeding, which it filed in an attempt to survive the patients’ claims. Review this article on Insurance News Net for a more complete discussion.

Written by: Greg Frost

Hospital Liability for Employee HIPAA Breaches

Posted on February 13, 2015 by BSW

A hospital employee, who has been “HIPAA-trained” and admits to knowing better, accesses his ex-wife’s new boyfriend’s medical records and posts sensitive information on social media. Is the hospital liable for the employee’s actions?

First, assume that the hospital did nothing wrong. That requires the assumption that the employee was adequately trained, that the employee’s job required that he have access to this data, and that there was no way to otherwise limit the employee’s access. Continue reading →

CMS Released Final Rule Regarding Denying or Revoking Medicare Enrollment

Posted on December 5, 2014 by BSW

On December 3, 2014, the Centers for Medicare & Medicaid Services (CMS) released a Final Rule that provides CMS discretion to deny or revoke Medicare enrollment based on certain circumstances. The changes in the Final Rule allow CMS to: Continue reading →

CMS Issues Proposed ACO Rule to Address Industry Concerns and Encourage Participation in Alternative Risk-Based ACO Models

Posted on December 4, 2014 by BSW

On Monday, December 1, 2014, the Centers for Medicare & Medicaid Services (“CMS”) issued a Proposed Rule with several proposed changes to the regulations finalized in 2011 for Accountable Care Organizations (ACOs) participating in the Medicare Shared Savings Program (MSSP). According to CMS, the Proposed Rule is intended to reduce administrative burdens and improve program function and transparency for ACOs participating in the MSSP. There are currently 330 ACOs serving almost 5 million Medicare beneficiaries in 47 states. Continue reading →

OCR Bulletin: Ebola and HIPAA Privacy in Emergency Situations

Posted on November 21, 2014 by BSW

The U.S. Department of Health and Human Services, Office for Civil Rights (OCR) recently released a bulletin, HIPAA Privacy in Emergency Situations, reminding covered entities and their business associates that the protections of the HIPAA Privacy Rule are not set aside during an emergency. OCR explains that Privacy Rule is balanced to ensure that appropriate use and disclosures of protected health information (PHI) may still be made when necessary to treat a patient, protect the nation’s public health, and for other critical purposes. The bulletin further details the HIPAA Privacy Rule provisions which may allow covered entities and business associates to use or disclose PHI during an emergency.