In apparent acknowledgement that HIPAA violation enforcement has been less than aggressive so far, a government adviser said that HIPAA audits would soon produce swift results — and penalties, when appropriate.
Device thefts main source of HIPAA rifts
By
James M. Berklan
Jul 01, 2014
Nearly 15 million individuals were affected by more than 450 large-scale health data breaches in 2010 and 2011, investigators said in a recent report to Congress. The theft of devices containing protected...
State top court rules against enforcing arbitration clauses
By
James M. Berklan
Nov 05, 2015
The Kentucky Supreme Court has added a significant decision to the body of rulings concerning nursing home pre-dispute arbitration agreements.
‘Improvement standard’ still being used: Jimmo winners
By
James M. Berklan
Apr 04, 2016
A landmark legal settlement that, in part, compels the federal government to pay for more therapy and treatment of Medicare beneficiaries is not being adhered to, advocates complained in court recently.
Safety committee’s records not privileged: federal court
By
James M. Berklan
Oct 05, 2015
A North Carolina nursing home operator can’t claim privilege in protecting documents created by its safety committee from discovery, a federal trial court has ruled.
Court: HCR ManorCare QAPI reports must be turned over
By
James M. Berklan
Jul 06, 2015
A ruling by the West Virginia Supreme Court as to which nursing home internal documents are fair game in lawsuits has providers around the country sitting up and taking notice.
Ruling might give operators a new bankruptcy incentive
By
James M. Berklan
Feb 01, 2015
A Florida nursing facility targeted for termination of its Medicare and Medicaid provider agreements was allowed to stay open due to a “milestone” bankruptcy court ruling.
Provider to pay $3 million in ambulance-swapping case
By
James M. Berklan
Jan 04, 2016
Federal authorities believe they have broken new ground by leveraging a $3.2 million settlement with a provider for its part in an alleged fraudulent ambulance service scheme.
Nurse sues facility over live hostage drill
By
James M. Berklan
Sep 01, 2014
A nurse who said she was not warned that she would be threatened and “taken hostage” by a gunman during an emergency preparedness drill is suing her former Colorado nursing home employer for...
Report: Resident falls top reason for lawsuits risks
By
James M. Berklan
Dec 01, 2014
Falls accounted for a slightly lower proportion of closed professional liability claims that insurer CNA most recently studied, but they still were far and away the top threat to providers’ legal...