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McDermott Will & Emery

Healthcare Regulatory Check-up Newsletter | February 2024 Recap

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This issue of McDermott’s Healthcare Regulatory Check-Up highlights regulatory activity for February 2024. We discuss various regulatory developments, including guidance on the use of AI in coverage decisions and texting...more

Nossaman LLP

Colorado’s Peer Review Privilege In Peril

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The confidentiality of medical staff peer review has long been a cornerstone of hospital operations, fostering an environment where physicians can candidly evaluate medical care without the looming specter of malpractice...more

Mintz - Health Care Viewpoints

New York State Prepares to Regulate Hospital Cybersecurity Programs

On November 13, 2023, Governor Kathy Hochul announced plans to regulate cybersecurity for New York general hospitals regulated under Article 28 of the Public Health Law. As proposed, the regulations will provide an additional...more

Jackson Lewis P.C.

Hospital Mergers Double the Risk of a Data Breach, Study Shows

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The healthcare sector is a prime target for data breaches. According to a summary by the HIPAA Journal, 32% of all data breaches between 2015 and 2022 were in the healthcare sector, “almost double the number recorded in the...more

Health Care Compliance Association (HCCA)

Privacy Briefs: July 2023

A former hospital worker in Arizona was sentenced to 54 months in prison and ordered to pay restitution after pleading guilty to two felony counts involving identity theft and health information disclosure. In the plea deal,...more

Goodwin

Starting in April 2024, California Joins Growing Trend of Implementing Advance Review Processes for Healthcare Transactions

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With the passage of SB-184 (the “Bill”), California — like Maine, New York, and several other states — has addressed “pervasive” mergers and acquisitions across the healthcare industry by requiring prior notice to regulators...more

Baker Donelson

Sitting with the C-Suite: Looking Ahead to Potential Compliance Issues Due to COVID-19

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Ian Campbell, the President and CEO of iCONECT, has a design background and, prior to founding iCONECT, he worked in advertising and founded his own agency. In 2012 iCONECT launched its flagship review product, Xera, which...more

Searcy Denney Scarola Barnhart & Shipley

Protecting Patient Medical Records

Patient medical records and how consumers can best preserve them. Do the records belong to the patient or to the doctor or hospital? Why is it important to maintain your own medical records? ...more

Fisher Phillips

Physician Non-Compete Agreements Present Challenges, Potential Controversy

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When it comes to physician employment agreements, non-compete provisions can be controversial and tricky. The use of these agreements is nonetheless increasing and evolving as hospitals and other groups try to protect their...more

Fisher Phillips

Is Your Physician Pay Data A Trade Secret? Probably Not, Says Recent Court Decision

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When a Florida federal court recently rejected a hospital system’s attempt to keep its physician compensation data private, despite a claim that the information constituted a trade secret, healthcare employers across the...more

Sheppard Mullin Richter & Hampton LLP

Company’s Vendor Suffers Breach, No Business Associate Agreement, $500K OCR Settlement

A Florida staffing agency which provides physicians to hospitals and nursing homes, has agreed to a $500,000 settlement with the U.S. Department of Health and Human Services, Office for Civil Rights. The settlement comes...more

Pullman & Comley - Connecticut Health Law

Regulatory Reminder: New CT Health Care Laws Effective October 1

A number of new statutes affecting hospitals and other health care providers were enacted during the past legislative session. To help remind the health care industry of the changes ahead, we’ve highlighted below some of the...more

Tucker Arensberg, P.C.

Physician Performance Reviews: Protected Peer Review Information or Litigation Traps?

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Peer Review Confidentiality will become much more complicated with the addition of economic evaluation to physicians’ quality and efficiency. Physicians will be surprised to learn that many “reviews” to which they may...more

BakerHostetler

Peer Review Privilege Limited by Pennsylvania Supreme Court Decision Has Implications for Healthcare Providers Nationwide

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On March 27, 2018, the Supreme Court of Pennsylvania issued a long-awaited 4-3 decision in which the majority limited the scope of Pennsylvania’s Peer Review Protection Act (PRPA), 63 P.S. §425. The court held that, in order...more

Carlton Fields

Florida Supreme Court Says External Peer Review Reports are Discoverable Under Amendment 7

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On October 26, in Edwards v. Thomas, et al. (SC15-1893) the Florida Supreme Court held that external peer review reports are discoverable under Amendment 7. ...more

Williams Mullen

The Dennis Decision: A Shot Across the Bow for Hospitals

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A recent Virginia court decision questions the reasonable value of health care services and creates a challenge to debt collection efforts by hospitals. In March, the Circuit Court for Henry County, Patrick County, and the...more

Obermayer Rebmann Maxwell & Hippel LLP

Ask the Health Law Gurus™: What is a Non-Compete Clause in an Employment Contract? Is it Enforceable?

Question: I have heard about non-compete clauses being negotiated in employment agreements with physicians. What is a non-compete clause? What does it mean if my contract has a non-compete clause?...more

Hinshaw & Culbertson LLP

Credentials Materials Are Not Privileged Under the Health Care Professional Credentials Data Collection Act

The Illinois Supreme Court recently held in Klaine v. Southern Illinois Hospital Services, 2016 IL. 118217 that a physician’s application for hospital privileges, which included information obtained from the National...more

Poyner Spruill LLP

The Health Law Guide to Hospital Operations

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This operations guide provides a brief look at health law issues hospitals deal with on a daily basis. While a detailed coverage of the elements, drafting, implementation and continued governance of a hospital compliance...more

Manatt, Phelps & Phillips, LLP

Five Lessons From 2015 Healthcare Deals

In 2015, we already have seen a great deal of activity in healthcare transactions that is attracting antitrust scrutiny, with mixed results. Among the winners have been Cabell and St. Mary's, which received state clearance...more

Sands Anderson PC

The Patient Safety Act goes [back] to Washington

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The scope of a little-known but nonetheless significant federal healthcare law, the Patient Safety and Quality Improvement Act ("Patient Safety Act), may soon be considered by the United States Supreme Court. In a petition...more

Faegre Drinker Biddle & Reath LLP

Peer Review Concludes with Termination of Reviewer

You read that correctly: the hospital fired the physician who did the reviewing in a medical staff peer review proceeding. Hospital executives present at the proceeding felt the reviewing physician was too harsh in...more

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