EEOC Settles First Genetic Discrimination Lawsuit

On May 7, 2013, the U.S. Equal Employment Opportunity Commission (EEOC) settled its first disability and genetic information discrimination lawsuit in a district court case in Oklahoma. While the settlement specifically relates only to the company involved, employers should be aware of the potential consequences for discrimination. The EEOC has stated that it will focus … Read more

PRISM Privacy Issues Translate Into HIPAA Liability Risks

When Google, Apple, and other major players deny cooperating with the federal government and allowing access to their computers for PRISM’s massive data surveillance program, healthcare providers and business associates should not be re-assured. Either these players are issuing denials to cover their backsides, or they are admitting that the government is able to breach … Read more

Feds Issue HIPAA Technical Corrections

Let’s face it, federal rules and regulations are too complicated for even the Feds to figure them out, so it should come as little surprise that the HIPAA regulations that went into effect in March 2013 have some errors. In a final regulation to clear up “technical errors”, the feds announced June 7 that the … Read more

Is It An EMTALA Violation?

The patient presented at 5 pm with chest pains and shortness of breath. EKG and a blood draw were initiated within 20 minutes. A chest x-ray was performed in another 30 minutes. After several hours, the patient was seen by the ED physician, and then a cardiologist examined the patient. He offered the patient a … Read more

New Release: HIPAA Deskbook

In a prior post, I mentioned that my daughter was about to release a new reference book on HIPAA and predicted the release would come in April. Wrong. College classes and a social activity or two delayed completion until now, and in spite of my grousing about the delays, her Dean’s List performance did vindicate … Read more

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 … Read more

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 … Read more