What To Do When Your Hospital’s System Crashes

Electronic medical records (“EMRs”) have become vital to both hospitals and physician’s practices. They are a secure, electronic version of a patients’ medical history and often include all of the clinical data relevant to a patient’s care, including demographics, progress notes, problems, medications, vital signs, past medical history, immunizations, laboratory data and radiology reports. The …

How Employers Can Handle Their Biggest Threat to Data Privacy, Their Employees

Given the ever-expanding landscape of privacy laws and regulations, employers are becoming increasingly aware that they are responsible for data breaches caused by their employees. When looking to formally put obligations upon employees to modify employee conduct, employers tend to start with policy, such as in an employee handbook to allow a means of internal …

Opioid Litigation Comes To Michigan – What Physicians And Hospitals Need To Know

Michigan, like the rest of the country, suffers from an opioid epidemic. Every day, more than 100 Americans die from an opioid overdose1. Some economists estimate that the opioid crisis has cost the U.S. economy more than $1 trillion since 2001 and is on pace to cost an additional $500 billion through 20202. The profligate …

Preventing Malpractice Claims and Strengthening the Doctor-Patient Relationship with Cultural Competence

A 2017 Medscape survey indicated that over half of responding doctors had been sued for malpractice.  The number one reason?  Failure to diagnose a medical condition, given by 31% of respondents.  Nearly half of doctors surveyed who were sued for malpractice spent between eleven and fifty hours in court, meetings with lawyers, or in other …

May Highlights: National Healthcare Law News

-Earlier this month, on May 7, 2018, the Senate passed bipartisan S.B. 1732, entitled the “Improving Access to Behavioral Health Information Technology Act.”  The bill, which is currently in the House of Representatives, aims to provide “incentive payments to behavioral health providers for the adoption and use of certified electronic health record technology…to improve the …

Costs Down; Quality Up

How can providers increase quality of care while reducing cost to patients?  The answer is through innovation, creativity, increased patient responsibility, partnership, and real-time flow of information.  Here are just a few ideas to consider in reaching this overarching goal.  While none of the ideas articulated below are novel or groundbreaking on their own, they …

Final ERISA Claims Procedures for Plans Providing Disability Benefits Effective April 1, 2018

March and April will be critical months for employers who sponsor ERISA-governed employee benefit plans that provide benefits subject to the disability claim procedures. Any claims filed after April 1, 2018 will be subject to a new final rule issued by the Department of Labor (“DOL”) in December of 2016. Plans subject to these rules …

Is Your Organization Taking the Correct Steps to Prevent and Defend Against Harassment Claims? Recent EEOC Guidance Suggests Best Practices

In the wake of the #MeToo movement, most employers have become more acutely aware of the risks involved in failing to effectively prevent and respond to claims of workplace harassment.  This renewed awareness should cause all employers, large and small, to evaluate their policies, processes and practices in place to prevent harassment and to respond …

Obligations and Expectations Surrounding Healthcare Compliance Programs

The phrase “healthcare compliance program” is commonly used to describe those processes and procedures implemented by a healthcare provider to prevent submission of erroneous claims and combat fraudulent conduct. The expectation is that providers using internal controls will more efficiently monitor adherence to legal and regulatory requirements than providers without such controls in place1. However, …