Healthcare Professionals

News & Analysis as of

CMS Proposes Adoption of Updated Life Safety Code

Wednesday morning, the Centers for Medicare & Medicaid Services (CMS) issued a proposed rule regarding adopting the 2012 edition of the Life Safety Code (LSC). CMS states the updated code contains new provisions that are...more

HHS releases new software for updating (but not replacing) HIPAA security risk assessment toolkits

Last week, the Department of Health and Human Services (HHS) released a new, free, downloadable tool to assist small and medium-size health care provider offices to conduct security risk assessments (SRA)....more

Is the Irreversible Truly Unforeseeable?: The Law of Suicide

According to the Centers for Disease Control and Prevention, the number of suicide deaths in 2010 was 38,364, making it the tenth leading cause of death in America. For younger demographics, the numbers are even more...more

The regulation of cosmetic interventions in the UK: toothless rhetoric or industry overhaul?

This Reed Smith client alert looks at the UK government’s response to the independent review of the regulation of cosmetic interventions in the UK. The key issues In recent years, cosmetic procedures have become widely...more

New HIPAA Tool Released by the Federal Government – Makes Assessing Risks Easier and It Won’t Cost You a Dime

Do you lie awake at night wondering if you or the health care entity for which you work is complying with the Health Insurance Portability and Accountability Act (“HIPAA”)? If so, you will be happy to hear that a good night’s...more

Halifax Reportedly Settles Landmark Stark Case

According to minutes filed in the U.S. District Court for the Middle District of Florida, Halifax Hospital Medical Center (Halifax) and the U.S. Department of Justice (DOJ) have reached a settlement in the pending False...more

Health Care Law Update: Amendments to the SC Physician Assistant Practice Act could provide additional tools to transform...

As physicians search for new revenue streams in response to declining reimbursement and additional administrative complexity, a new law passed in 2013 should provide added flexibility and time to expand practices through the...more

TREAT THEM RIGHT: The joys and pitfalls of treating doctors

Something came up for opposing counsel at the last minute. He didn’t show. That left us – the court reporter, videographer, and me – sitting in the conference room with the treating doctor deponent. The one who had been too...more

Ohio Governor Signs Legislation Requested by BakerHostetler Clients

Governor John Kasich last week signed House Bill 139 to allow advanced practice registered nurses and physician assistants to admit patients to Ohio hospitals. The bill was introduced at the request of BakerHostetler...more

Legal Briefs - False Claims Act Liability for CRNAs Related to Medical Direction

It has never been a secret to Certified Registered Nurse Anesthetists (CRNAs) that anesthesiologists are often not able to consistently comply with all of the requirements of TEFRA (Tax Equity and Fiscal Responsibility Act of...more

Medical Malpractice Liability: Kazakhstan Law and Practice

Liability for medical malpractice in Kazakhstan remains poorly regulated. The Kazakhstan healthcare system has recently undergone a crucial transformation, with pending reforms designed to improve the quality of...more

New Oklahoma security law requires fingerprint-based background checks on certain healthcare employees: Staggered implementation...

Beginning March 1, 2014, and phasing in over the next several months, a new Oklahoma law requires certain long-term care, residential, and health care providers to perform eligibility screening and national fingerprint-based...more

OSHA Signals an Increased Focus on Hospital Industry

On January 15, 2014, the U.S. Department of Labor’s Occupational Safety and Health Administration (OSHA) launched a new, online compliance assistance tool for hospitals called, “Worker Safety in Hospitals: Caring for our...more

Take Two Aspirin and Call Me in the Morning: Avoiding Labor Relations Headaches With ACOs

The Accountable Care Organization (ACO) offers the promise of shared savings when the ACO delivers high-quality healthcare more cost effectively. Without question, ACOs will change the way healthcare providers do business....more

Proposal Seeks To Make California The Artificer And Enforcer Of Caps On Executive Compensation

Earlier this month, Secretary of State Debra Bowen announced that the proponents of an initiative measure could begin collecting petition signatures for their measure. If this measure makes it on to the ballot and is...more

Nurse Using Abusive Language Toward Hospital Administrator on Facebook Justifies Firing

As this blog has covered on a number of occasions, employee speech on Facebook, particularly if it is profane, vituperative or threatening, can lead to termination. A number of courts in recent months have grappled with the...more

Health Alert (Australia) - 20 January 2014

In This Issue: Judgments, Legislation, and Reports. - Excerpt from Judgments: Commonwealth - 15 January 2014 - Short v Ambulance Victoria [2014] FCA 3 - The applicant's employment as a...more

Benevolent Gesture Law Doesn’t Bar Malpractice Suits

Sometimes an apology is all it takes to mend fences ? at least the state of Pennsylvania hopes this is the case for healthcare providers who own up to their negligent actions. Recently, Governor Tom Corbett signed Senate Bill...more

Doctor Blames Poor Medical Care For Deaths At The Milwaukee County Mental Health Complex

Brandon Johnson died at the Milwaukee County Mental Health Complex (“the Complex”) in October 2012. Mr. Johnson died due to complications from a broken neck....more

Important 2014 Tax Developments

The list is not intended to be exhaustive. - Income: IRS rules that incentives to health care professionals and hospitals for using electronic records are income to those receiving the...more

Privacy Class Action – Theories of Liability – 2013 Year in Review

One hot area of data privacy litigation over the past several years has been data breach class actions brought under the California Confidentiality of Medical Information Act (“CMIA”), which provides that a person may recover...more

Health Law Blog: Court's Decision Another Reminder to Hospitals To Use Caution in Calculating Physician Productivity Bonuses

November, a federal district court granted partial summary judgment for the Department of Justice in U.S. ex. Rel. Baklid-Kunz v. Halifax Medical Center, ruling that productivity bonuses paid to employed physicians violated...more

No, You Can’t Impose An Unknown Regulation On A Hospice Provider And Attempt To Retroactively Deny Payment

In December, 2013, the Pennsylvania Commonwealth Court ruled that a hospice facility’s due process rights were violated when the Department of Public Welfare (“DPW”) imposed an additional requirement without giving notice to...more

Paying the Price: Physician Group Faces Hefty Penalty and OCR Oversight After Failure to Conduct Security Risk Assessment and...

What you need to know: The Office for Civil Rights of the US Department of Health & Human Services is continuing its trend toward more aggressive enforcement of HIPAA violations. Small provider entities are not immune...more

Also in the News

President Obama Signs Pathway for SGR Reform Act of 2013 – On December 26, 2013, President Obama signed the Pathway for SGR Reform Act of 2013 (the “Act”), preventing the scheduled payment reduction for...more

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