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HTMLBusiness Associates - Direct Liability under HIPAA (Part I)
Dennis P. Kennedy; Dressman Benzinger LaVelle psc;
Legal Alert/Article
November 22, 2014, previously published on November 20, 2014
Traditionally, the obligations of a business associate to comply with the Privacy and Security Rules promulgated under the Health Insurance Portability and Accountability Act (¿HIPAA¿) were the result of contractual obligations contained in an agreement between the business associate and a covered...

 

HTMLCourt Allows Patient to Bring Negligence Claim Using HIPAA as the Standard of Care
Rick L. Hindmand, Rachel H. Yaffe; McDonald Hopkins LLC;
Legal Alert/Article
November 22, 2014, previously published on November 14, 2014
This month, the Connecticut Supreme Court in Byrne v. Avery Center for Obstetrics and Gynecology, P.C. held that a patient’s state law negligence claim against a health care provider for the unauthorized disclosure of the patient’s medical records was not preempted by the Health...

 

HTMLCleanliness is Next to Godliness-Especially in a Community Association!
Becker Poliakoff P.A.;
Legal Alert/Article
November 22, 2014, previously published on October 15, 2014
The fear of this century's next pandemic has increased with the recent media coverage of the growing spread of Ebola. Even without the risk of a highly contagious and fatal disease like this one, most of us already know that contact with crowds and multiple surfaces do increase our odds of becoming...

 

HTML$840 Million in Grants Available Through New HHS Transformation Initiative
Hilary B. Dudley, Tamara A. Klein, Courtney Scrubbs, David S. Szabo, Michaela ("Kayla") Tabela; Edwards Wildman Palmer LLP;
Legal Alert/Article
November 21, 2014, previously published on November 11, 2014
On Thursday, October 23, 2014, the U.S. Department of Health and Human Services (“HHS”) announced it would make available up to $840 million in grants over the next four years through the Transforming Clinical Practice Initiative (“TCPI”), an Affordable Care Act grant...

 

HTMLFDA Issues Draft Guidance on Stem Cell Same Surgery Exception
Hilary B. Dudley, Tamara A. Klein, Courtney Scrubbs, David S. Szabo, Michaela ("Kayla") Tabela; Edwards Wildman Palmer LLP;
Legal Alert/Article
November 21, 2014, previously published on November 11, 2014
On October 23, 2014, the FDA’s Center for Biologics Evaluation and Research issued draft guidance for tissue establishments and healthcare professionals who implant stem cells and other cellular or tissue-based products into human patients. The FDA regulates human cells, tissues or cellular...

 

HTMLNo Kidding: Overseas Medical Tourism Is Well Worth Trip
RENÉE-MARIE STEPHANO, J.D.; Obermayer Rebmann Maxwell Hippel LLP;
Legal Alert/Article
November 20, 2014, previously published on October 27, 2014
Surgery was on his bucket list, but Bruce Ryan didn’t want to wait until he retired to repair his debilitating and painful rotator cuff injury. The 59-year-old construction manager could have traveled the six hours to Stanford Medical Center - considered one of the top facilities in the...

 

HTMLHITECH Act Assures Meaningful Use & Care Coordination...For Some
Brandon Danz; Obermayer Rebmann Maxwell Hippel LLP;
Legal Alert/Article
November 20, 2014, previously published on October 13, 2014
The passage of the ARRA HITECH Act in 2009 fostered significant advancements in patient engagement and care coordination by incentivizing primarily physical health providers and acute care hospitals to make smarter use of technology. Specifically, the Act provided funding for eligible providers and...

 

HTMLProposed Reforms to Liver Transplant System Address Disparity, Raise Ethical Questions
Brandon Danz; Obermayer Rebmann Maxwell Hippel LLP;
Legal Alert/Article
November 20, 2014, previously published on October 6, 2014
Each year over 1,500 individuals in the United States die while waiting for a liver transplantation. Another 1,500 candidates are removed from waiting lists because they are deemed too medically frail to receive a liver. Some reformers believe that these figures can be reduced by changing...

 

HTMLHandling Ebola-Contaminated Waste: Guidance for Hospitals and Haulers
Joseph J. McGovern; Obermayer Rebmann Maxwell & Hippel LLP;
Legal Alert/Article
November 20, 2014, previously published on October 9, 2014
Ebola is a messy disease. Patient care, even in hospital isolation, produces large quantities of contaminated waste ... linens, towels, gowns, masks, gloves and sharps ... that many hospitals are not equipped to dispose on site. In non-hospital settings, symptomatic patients contaminate virtually...

 

HTMLHIPAA in the Time of Ebola
Conor McNally, Jenna K. Shedd, Lawrence J. Tabas; Obermayer Rebmann Maxwell & Hippel LLP;
Legal Alert/Article
November 20, 2014, previously published on November 12, 2014
Ebola has recently been the source of much concern, and health care providers and hospitals are taking steps to prepare themselves for the possibility of treating patients with Ebola. In addition to all of the medical preparations underway, covered entities and business associates must also...

 


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