Medical Records

News & Analysis as of

Reporting Child Abuse

Most health care providers believe they understand their duty to report child abuse, but... There are a number of overlapping and apparently conflicting public policy objectives and the legal requirements can get...more

Health Update - Feb 25, 2014

Integrating Physical and Behavioral Health: Strategies for Overcoming Legal Barriers to Health Information Exchange - A growing number of Medicaid officials believe that coordinating care across the physical and...more

Data Breach Wall of Shame: 2013's Highlights and Lessons

Since 2009, the HHS Office for Civil Rights (“OCR”) has posted all large data breaches – those that involve 500 or more individuals – online on its so-called “Wall of Shame.” In 2013, 160 large data breaches were reported to...more

FTC and Accretive Health Settle Unfair Business Practice Complaint Centered on Data Security Measures

Accretive Health recently agreed to settle a Federal Trade Commission (FTC) complaint that stems from a July, 2011 incident in which an Accretive employee’s laptop was stolen from his car. As a medical billing and revenue...more

EEOC Settlement Reminds Employers That GINA Prohibits Requesting Family Medical History

?While the Genetic Information Nondiscrimination Act of 2008 (GINA) has proven to be the least-litigated of the federal anti-discrimination laws, a recent settlement obtained by the Equal Employment Opportunity Commission...more

Recent HIPAA Settlement Highlights Danger of Failure to Perform Security Risk Assessments, Implement HIPAA Policies and Train...

A recent Health Insurance Portability and Accountability Act ("HIPAA") settlement, which is notable as the first HIPAA settlement with a covered entity for failure to have policies and procedures in place to comply with...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

Amendments To Queensland Workers' Compensation Legislation: Implications For Hiring

The recent changes to the Workers' Compensation and Rehabilitation Act 2003 (Qld) (WCR Act) have generated debate. The focus has been on the introduction of a threshold for common law claims. However, employers should...more

Ninth Circuit Upholds Rescission of Life Insurance Policy and Rejects Novel Theories

This week the Ninth Circuit affirmed a grant of summary judgment in favor of USAA Life Insurance Company, holding that the insurer was entitled to rescind the policy under California law when it discovered that its insured...more

OIG and MA Plan Sponsor Settle Allegations of Altering Records Submitted During Audit

Bravo Health Pennsylvania, Inc. (Bravo), a Medicare Advantage Plan Sponsor and subsidiary of Cigna Corporation, agreed to pay $225,000 to the Government for allegedly misrepresenting or falsifying information furnished to the...more

Health Law Blog: HIPAA Update: Don't Forget Your Photocopiers

Affinity Health Plan has agreed to pay more than $1.2 million to settle potential violations of the HIPAA Privacy and Security Regulations....more

Seven-Figure HIPAA Settlement Prompted by Photocopier Breach

The Office for Civil Rights’ (OCR) latest seven-figure fine for HIPAA violations resulted from a failure to remove protected health information or “PHI” from the hard drive of a leased photocopier. The $1,215,780 settlement...more

Four Things To Do Following A Slip-And-Fall Injury - Milwakee Personal Injury

Slip-and-falls do not merely shatter your ego. Slip-and-fall accidents are actually a major cause of serious injuries....more

Medical Discrimination And The Law

Imagine that you have just found out that you have a serious illness; there are a number of thoughts running through your mind. One of them is “What about work?” ...more

Privacy Monday – July 22, 2013

Privacy gaffes and tidbits to start your week. Keeping up with Kardashians is NOT a defense under HIPAA - The LA Times recently reported the firing of six workers at Cedars-Sinai Medical Center in connection...more

HIPAA and the Omnibus Rule: How to Assess Whether and What your Company Must Do to Comply

A key amendment to the Health Insurance Portability and Accountability Act (“HIPAA”) called the “Omnibus Rule” took effect on March 26, 2013. The Omnibus Rule impacts both companies that directly collect protected health...more

Keeping Up With the Kardashians Is NOT a Defense Under HIPAA

The LA Times recently reported the firing of six workers at Cedars-Sinai Medical Center in connection with the unauthorized access to patient medical records. The firings occurred in the days following the birth of reality...more

EEOC Attacks Post-Offer Medical Exams in GINA Lawsuits

The EEOC filed in May its first ever lawsuits alleging violations of the Genetic Information Nondiscrimination Act (GINA), both of which alleged that the employer violated GINA by including questions about family medical...more

Attorneys Statewide Join Forces to Fight for Patient Privacy

On July 2, Five separate complaints hit the courts alleging HIPPA violations and challenging the constitutionality of Florida Senate Bill 1792 - TALLAHASSEE, FL—Attorneys from around the state joined together to file...more

Pathology Lab That Cannot Demonstrate Adequate Physician Orders Suffers Medicare Loss

Much has been written regarding various Medicare policies that may cause a clinical laboratory to suffer the resulting financial consequences when a test requested by a physician is found to be not medically necessary, most...more

How to Talk to Your Insurance Company About Your Car Accident

In 2011, 33,000 people were injured in car accidents in Arizona. The minutes, hours and days immediately following an accident can be stressful. If you have been injured in a car accident it is important to speak to a lawyer...more

School Health Records Q&A

Comprehensive guidance on the topic of school health records can be found in Questions & Answers Regarding School Health Record Issues - May 2013....more

Personal Injury: Defendants May Conduct Multiple Independent Medical Examinations With Good Cause

Gomez v. Rendon, No. 3D12-1105, 2013 WL 1316439 (Fla. 3d DCA April 3, 2013) - When a personal injury plaintiff’s physical condition is in controversy, and it changes substantially after the defendant conducts an...more

Florida Medical Record Disclosure Law Preempted by HIPAA

The U.S. Court of Appeals for the 11th Circuit recently ruled that a Florida law requiring nursing homes to disclose patient records of deceased patients was preempted by the Health Insurance Portability and Accountability...more

Federal Appeals Court Sides With HIPAA Over Florida Law in "Catch 22" Case Over the Release of Deceased Patient Records by Nursing...

As we first reported in December 2011, it's a common scenario: A Florida nursing home resident dies, and his or her spouse, surrogate, proxy, or attorney requests the resident's medical records. However, if the nursing home...more

44 Results
|
View per page
Page: of 2