It can be tempting for a business to push back on a negative review on social media. However, health care providers cannot disclose patients’ protected health information (PHI) in response to negative reviews posted on social media. More ›
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Latest from Health Law by Hinshaw
Tips on How to Pass Your State Board of Pharmacy Inspection
I recently published an article in the Journal of Health Care Compliance that provides compliance tips on how to pass State Board of Pharmacy inspections. Passing these inspections is important because any compliance deficiencies identified during the process can result in suspension
OCR Settles First Case in HIPAA Right of Access Initiative
On September 9, 2019 the Office of Civil Rights (OCR) of the U.S. Department of Health and Human Services announced its first enforcement action and settlement of its Right of Access Initiative. This follows an OCR announcement earlier this year
Florida Law Voiding Noncompete Contracts Between Doctors and Their Employers Clears Legal Hurdle
Hospitals operating in Florida need to be aware of a new Florida law that voids noncompete agreements between doctors and their employers. Specifically, Section 542.336 of the Florida statutes voids noncompete agreements between physicians and specialty physician groups where the
OCR Provides Guidance on Direct Liability for Business Associates Under HIPAA
A HIPAA Business Associate (“Business Associate”) is an individual or entity who performs or furnishes activity or service for or on behalf of a HIPAA Covered Entity (“Covered Entity”) involving the use or disclosure of protected health information (“PHI”). The
CMS Revises Requirements for PACE
Over on the Hinshaw & Culbertson LLP website, we review revisions by the Centers for Medicare & Medicaid Services (CMS) to the regulations for the Programs of All-Inclusive Care for the Elderly (PACE), which make significant changes to ownership
Why Electronic Health Records are a Game Changer in Medical Malpractice Cases
I recently had opportunity to publish an article in the DRI Medlaw Update regarding the challenges posed by Electronic Health Records (EHRs) technology within the context of medical malpractice cases. In the article, I address how EHRs operate and how
Attention Health Care Providers: California Adopts Restricted Knox-Keene Licensure/Exemption Requirements
The California Department of Managed Health Care (the “DMHC”), which regulates Health Care Service Plans, recently adopted a regulation regarding general licensure requirements for health care providers (“Entities”) that accept global risk, as defined by the Knox-Keene Health Care Service
Spot the Legal Issues and Prepare Your Telemedicine Compliance Program
I recently published an article in the Journal of Health Care Compliance that provides on overview of the many legal issues raised by the practice of telemedicine services by federally qualified health centers (FQHCs) and rural health centers (RHCs). Because
Responding to State Board of Pharmacy Licensing and Regulatory Proceedings
State Boards of Pharmacy are responsible for protecting the health, safety and welfare of the public by regulating the legal distribution of prescription drugs in their respective states, and ensuring the quality of all drugs administered, prescribed, distributed, or dispensed