As large hospitals and health systems reach out to critical access hospitals (“CAHs”) offering emergency medicine expertise by telemedicine, the question arises as to how the CAH can use that service while still meeting its legal obligations under the Emergency Medical Treatment and Active Labor Act (“EMTALA”). The Centers for […]
Health Law Alert
Meaningful Use Update: Revised 2016/2017 Reporting Period and Other Updates
on Thursday, 8 December 2016 in
Health Law Alert: Kristin N. Lindgren, Editor
Last month, the Centers for Medicare and Medicaid Services (CMS) released a final rule with comment period regarding changes to the Medicare and Medicaid Electronic Health Record Incentive Programs (Meaningful Use). The changes come as many providers continue to face administrative burdens related to Meaningful Use software implementation and other […]
Phantom Unqualified Care Leads to Prison Sentence for Physician
on Monday, 21 November 2016 in
Health Law Alert: Kristin N. Lindgren, Editor
A recent Georgia case brings to light the fraudulent practice of physicians allowing insufficiently qualified or completely unqualified persons to perform clinical services and documenting the services as though the physician performed them. The practice may go undetected for a time due to improper password sharing in order to allow […]
OSHA Cites Health Care Employer for Willfully Exposing Workers to Violence
on Monday, 14 November 2016 in
Health Law Alert: Kristin N. Lindgren, Editor
As discussed in a June 2015 Baird Holm Health Law Advisory, the Occupational Safety and Health Administration announced that it would expand the use of its enforcement resources against health care employers, focusing on (among other things) workplace violence, musculoskeletal disorders related to patient handling, bloodborne pathogens, tuberculosis, and slips, […]
Outdated Business Associate Agreement Results in OCR Settlement
on Tuesday, 8 November 2016 in
Health Law Alert: Kristin N. Lindgren, Editor
At the end of September 2016, the Office for Civil Rights (“OCR”) announced a settlement with Care New England Health System (“CNE”), the parent company of several covered entity hospitals. The sole reason for the settlement was impermissible disclosures made as a result of an outdated business associate agreement (BAA). […]
