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HTMLConsent Forms & the Non-English Speaking Patient: Court Rules for Hospitals and Others in Healthcare
J. Matthew Thompson; Heyl, Royster, Voelker & Allen Professional Corporation;
Legal Alert/Article
July 26, 2016, previously published on Second Quarter 2016
In Mizyed v. Palos Cmty. Hosp., 2016 IL App (1st) 142790, the Illinois Appellate Court considered the impact of a patient’s inability to speak or read English on the effectiveness of a signed consent form. In a positive outcome, the court found that a hospital has no duty to determine a...

 

HTMLAcademic Health Center Settles Alleged HIPAA Violations With $2.7 Million Penalty
Carol A. Hyde; Iseman, Cunningham, Riester & Hyde LLP;
Legal Alert/Article
July 26, 2016
Oregon’s only academic health center has agreed to pay a penalty of $2.7 million to settle alleged HIPAA violations.

 

HTMLApp. Court Decision Discusses Issues of Apparent Agency and Admissibility of Practice Algorithms
Richard Hunsaker; Heyl, Royster, Voelker & Allen Professional Corporation;
Legal Alert/Article
July 26, 2016, previously published on First Quarter 2016
In a medical liability case tried in Cook County, the issues of apparent agency between a physician and hospital and the admissibility of medical literature at trial were reviewed by the First District Appellate Court. The case, Fragogiannis v. Sisters of St. Francis Health Services Inc., 2015 IL...

 

HTMLIL Supreme Court Outlines Doctor’s Remedies Against Hospital for Termination of Practice Privileges
Richard Hunsaker; Heyl, Royster, Voelker & Allen Professional Corporation;
Legal Alert/Article
July 26, 2016, previously published on Second Quarter 2016
In Steven Valfer, M.D. vs. Evanston Northwestern Healthcare, 2016 IL 119220, the Illinois Supreme Court has further outlined what is necessary to enforce actions of a hospital in revoking practice privileges or disciplining a staff physician.

 

HTMLIL Supreme Court Limits Claims of Privilege in Neglect Credentialing Cases
Mark Hansen, J. Matthew Thompson; Heyl, Royster, Voelker & Allen Professional Corporation;
Legal Alert/Article
July 26, 2016, previously published on First Quarter 2016
In its recent opinion in Klaine v. Southern Illinois Hospital Services, 2016 IL 118217, the Illinois Supreme Court addressed the privileged nature of certain documents when negligent credentialing is alleged. While, the court rejected arguments in support of certain privileges, defendants can argue...

 

HTMLTackling the Dragon of Hospital Price Disparity: Massachusetts’s On-Going Efforts to Address Price Equity
Eric R. Blythe, Stephen M. Weiner; Mintz, Levin, Cohn, Ferris, Glovsky and Popeo, P.C.;
Legal Alert/Article
July 22, 2016, previously published on June 8, 2016
Price disparities among hospitals pose one of the more intractable issues for policy makers, regulators and the government. That they exist is indisputable. Why they exist is a source of much contention. And the issue creates great disunity within the hospital world, causing fissures especially...

 

HTMLNavigating Pennsylvania's New Medical Marijuana Act: What Employers Need to Know
Duane Morris LLP;
Legal Alert/Article
July 22, 2016, previously published on May 17, 2016
On April 17, 2016, Pennsylvania Governor Tom Wolf signed the Medical Marijuana Act (“the Act”) into law. The Act, which takes effect on May 17, 2016, legalizes the use and possession of medical marijuana under specified circumstances and provides for a comprehensive program of...

 

HTMLPay Attention to Business Associate Agreements!
Cynthia J. Larose; Mintz, Levin, Cohn, Ferris, Glovsky and Popeo, P.C.;
Legal Alert/Article
July 22, 2016, previously published on March 22, 2016
For our HIPAA-covered entity readers, we have asked these questions before: Have you taken a business associate inventory ? Have you undertaken a comprehensive risk assessment as required by HIPAA?

 

HTMLFDA Clarifies Its Position on Several Compounding Issues in New Draft Guidance Documents
Duane Morris LLP;
Legal Alert/Article
July 22, 2016, previously published on May 12, 2016
On April 15, 2016, the U.S. Food and Drug Administration (FDA) announced the release of three new draft guidance documents on drug compounding under Sections 503A and 503B of the Food, Drug, and Cosmetic Act (FDCA).[1] These draft guidance documents cover:

 

HTMLAiring the Hospital’s Dirty Laundry: Developments In Keeping the Evaluation of Adverse Incidents Confidential
David R. Bear; Marshall Dennehey Warner Coleman & Goggin, P.C.;
Legal Alert/Article
July 20, 2016, previously published on June 1, 2016
In 2004, the availability of hospital records regarding adverse incidents in Florida changed dramatically. Prior to that date, statutes that protected the confidentiality of the peer review process § 395.0193 and § 766.101, credentialing § 395.0191, risk management reports of adverse...

 


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