Recently, I have been receiving inquiries from practitioners with respect to their executed employment agreements. Various concerns have come up relating to their employer wanting to change or alter the terms in the original employment contract, and they are unclear of the best way to professionally and carefully handle the situation.
As important as it is to understand the terms before you sign the contract, it is also just as important to continue to keep the contract readily available so that you can ensure the employer is acting in accordance with the contract during the term of your employment. Continue reading
If you are a healthcare practitioner who falls under the Health Insurance Portability and Accountability Act (HIPAA) as a covered entity, you must follow HIPAA rules and regulations when you contract with an outside third party vendor to help you with your practice. If any business associate has potential access to your patients’ protected health information (PHI), they need to sign a business associate agreement (BAA) to ensure confidentiality and follow HIPAA regulations. Continue reading
A recent U.S. Court of Appeals case—Carter v. Healthport Technologies, LLC—has established that healthcare practitioners and businesses need to be very careful on what they charge for providing copies of medical records to patients.
Whether they are copying the medical records directly for the patients, or they’re sending them to patients’ attorneys or other representatives, they should not charge more than 75 cents per page, pursuant to the New York Public Health law. If they do charge more than 75 cents, they may be sued for profiting from this activity.
Earlier this year, the New York Court of Appeals—the state’s highest court—ruled that physicians and healthcare practitioners could be found liable to third parties.
In Davis v. South Nassau Communities Hospital, 2015 N.Y. Slip Op. 09229 (December 16, 2015), the court extended a physician’s duty of liability and duty of care.
The Fact Pattern
A woman drove herself to the emergency room of the defendant hospital. While at the hospital, she received two different types of morphine-like painkillers. An hour and a half after being administered the two drugs, she was discharged from the hospital. She then went back into her car and drove across a double yellow line, striking a bus driven by the plaintiff Davis. Continue reading
From a legal perspective, cybersecurity means that all confidential information, including patient health information (PHI), in a healthcare provider’s database or server is protected, confidential, and completely compliant with the Health Insurance Portability and Accountability Act (HIPAA).
In order to do so, healthcare providers should:
- Conduct a risk assessment of their data;
- Develop and institute data security policies; and
- Test the effectiveness of those policies to make sure that they are running correctly.