PVWLaw Health Care Law Blog
Medical Malpractice in Nebraska – A Legal Primer
I. INTRODUCTION Medical Malpractice is one of the most controversial and politically-charged topics in contemporary American society. To many Americans, doctors are god-like men and women that can do no wrong. Malpractice claims, the argument goes, are just an excuse used by unsatisfied patients who had unrealistic expectations to begin with. On… Read More »
Medical Records Access Guide Iowa
Responding to requests for Medical Records for Use in Judicial or Administrative Proceedings Iowa I. Patient Request for Access to or Copies of Medical Records. All requests by the patient for access to, or copies of, the patient’s medical record must be in writing. A health care provider must grant a patient access to or… Read More »
Medical Records Access Guide Minnesota
Responding to requests for Medical Records for Use in Judicial or Administrative Proceedings Minnesota Parties to litigation often request a patient’s medical records for use as proof or lack thereof of a causal connection between an event and the purported injuries resulting from it. Requests for medical records for use in judicial or administrative proceedings… Read More »
What Is the Shelf Life of a Patient’s Dislosure Authorization in Nebraska?
Under HIPAA, a patient’s written authorization for a health care provider to disclose the patient’s protected health information to a third party must, by its terms, expire either upon a) the occurrance of a specified event or b) a date certain. HIPAA puts no limit on how long these time periods can be. Therefore, when creating a HIPAA-compliant authorization form, a provider can… Read More »
Group Practice DHS Revenue Allocation under the Stark Law
The latest phase of the Stark Law, known as Stark III, does not alter the basic premise that a group practice can pay a physician a share of overall profits or a productivity bonus provided that such share or bonus is not based on the volume or value of Designated Health Services (DHS) referrals by… Read More »
HIPAA Beyond the Office: Laptops, PDAs, and Home Computers
For all the complexity of HIPAA, the greatest provider liability often arises from easily correctable security lapses, such as the failure to password protect a physician’s BlackBerry. The failure of physicians to password protect PDAs used to store or transmit patient information is a glaring HIPAA violation, but, lamentably, one that still frequently occurs. HIPAA Security Rule requirements for protected… Read More »
Medical Blogging Poses Risk of Being Treated as Hipaa privacy violation
Ever since the Hipaa privacy rules came into effect, there has been a proliferation of complaints based on privacy violations. The most recent form of complaint is coming as a result of medical blogging gaining in popularity. Medical bloggers subject to the Hipaa privacy rules should exercise great care in blogging. Avoid any mention of… Read More »
RETIREMENT PLAN DESIGN CONSIDERATIONS IN LIGHT OF THE INCREASING PERMITTED ELECTIVE DEFERRAL
PLAN DESIGN CONSIDERATIONS IN LIGHT OF THE INCREASING PERMITTED ELECTIVE DEFERRAL 1. PLAN DESIGN GENERALLY a. The purpose of the employer in sponsoring a plan drives the particular plan design. Is the employer sponsoring a plan for the purpose of attracting and/or retaining a certain type of employee? (e.g. high tech)…. Read More »
Physician Compensation
Basic Principles 1. Every dollar has a source. 2. Collegiality grows with common goals and rewards. 3. Simple is better. 4. Don’t try to solve every organizational problem with the compensation formula. Legal Aspects 1. The Fraud and Abuse Act. 2. Stark Laws 3. Private Inurement Steps For Designing A… Read More »
