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Latest Publications

Georgia Shield Law Should Be Followed By Other States

Hidden in false concern about patient safety, CMS enacted "Never Events" that actually were about budget cutting. They were actually "Never Pay Events". But the false impression of such a denial is that someone is guilty of malpractice, when that is not necessarily true. Obamacare regulations and private insurance payment rules could likewise be used to insinuate that a provider is guilty of malpractice when the standards are payment standards, not standards of care. Georgia has enacted a

Example of ED Sign That Violates EMTALA Under CMS Guidance

What sign contents were reviewed by CMS in making their ruling on pain signs? The SC Hospital Association submitted the following language: Proposed Sign: Prescribing Pain Medication in the Emergency Department Our Emergency Department staff understands that pain relief is important when one is hurt or needs emergency care. However, providing pain relief is often a complex issue, especially when pain is a chronic or recurrent process. Mistakes or misuses of pain medication

Drug Policy Signs Violate EMTALA Says CMS

An advisory opinion from CMS to the South Carolina Hospital Association has nixed the growing practice of posting drug dispensing policy statements in the waiting area to warn pain patients that they are not going to get pain drugs that are common drugs of abuse. The goal of such signs is to discourage drug seekers into leaving the ED, or at least to reduce patient expectations that they will get drugs. CMS pointed out that EMTALA includes

Hospitals and Physicians Could Get Busted For Using The “Cloud” or Internet Based Services

While most folks have not taken the time to read the 561-page HIPAA amendment regulation that goes into effect later this month, there is one huge issue lurking there for hospitals and physicians that use on-line services that digitally transfer, use, or store personal health information (PHI). The new regulations make these folks Business Associates, even if they are based in Mongolia or anywhere else in the world. And that means healthcare providers MUST have written Business Associate Agree

Largest Intentional Privacy Breach In History ?

In what could be the largest intentional wholesale breach of online privacy in history, NBC News is reporting that the Obama administration has turned over its campaign data base to a newly formed advocacy organization being set up to help ramrod administration policy through Congress. Although it is likely that individuals in the database might be supportive of the presidential efforts, the transfer is similar to a company selling widgets turning over their database to a similar company where

OCR Releases New HIPAA Business Associates Agreement

In response to the release last week of the new HIPAA "mega" regulation, the HHS Office of Civil Rights (OCR) has released a proposed sample of a Business Associates Agreement that includes requirements of the new Regulation. The sample is not a required form, but provides a broad form for healthcare providers who do not have their own HIPAA compliance team. Some tips for using the form: 1. It is great that the government is putting out a sample, but NEVER adopt a sample. ALWAYS c

Will Doctors Become Malpractice Targets In Active Shooter Cases?

Physicians could become the targets of opportunity for lawyers in high profile "Active Shooter" cases, as an unanticipated outcome of the Administration's move against guns as a result of school and other shooting events. As gun owners resist the facile "gun violence" label and force a look at the incidents involved, the fact-finding is leading to a growing commonality of message with patients-rights groups and class-action lawyers. But the message also could put physicians in line for pot

Public Video Training For AED Use – Can You Pass The Simulation?

We have all walked by the Red Cross sign in airports indicating where a heart machine is located. You may know how to use it, but do your friends and family? Try this video and see what you think. If you pick the wrong choice----the man dies----choose wisely May save a life. I Just watched this video and was impressed, so I'm sending it to those on my mailing list with the hope that it'll save lives (maybe mine, yours or someone you love!).

EMTALA Creator Leaves Congress

US Rep. Fortney "Pete" Stark (D. Calif) will be absent when Congress reconvenes in the new Session for the first time since his landmark EMTALA law was passed in 1986. Stark was defeated in a Democract party primary for his California district. For most of his career in Congress, Stark was a major player in the finance committee responsible for Medicare and helped personally craft important policy legislation such as EMTALA, Stark I, and Stark II laws. In 1986, Stark was chair of the comm

Award These Men The Medal of Honor

I am making a personal appeal to my US Congressmen and Senators to award the Congressional Medical of Honor to Tyrone Woods and Glen Doherty. These two men were killed in the attack on the Libyan Consulate. Why should they rate this high honor? We now know that these two former Navy SEALS were at a CIA station about a mile from the Consulate when it was attacked. They immediately contacted CIA headquarters to report the attack and mobilize their team to come to the defense of the Ambas