Month: June 2017

Article of the Week: IT Worries Keeping Healthcare Lawyers Up At Night

Article of the Week: IT Worries Keeping Healthcare Lawyers Up At Night When one thinks of a healthcare attorney, often the first thing to come to mind is medical malpractice, followed by other concerns such as hospital employees or healthcare regulation. However, as this article from BlackBerry makes clear, it is now the issue of data security that has healthcare attorneys most concerned. Stressing the need for outside counsel to help navigate the vagueness of HIPAA and the intricacies of compliance, the article also names some of the most troubling data security issues, such as the use of personal...

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CMS Changes Stance on Pre-Dispute Arbitration Agreements

CMS Changes Stance on Pre-Dispute Arbitration Agreements The Centers for Medicare and Medicaid Services (“CMS”) issued a proposed rule on June 5, 2017 that, if made final, would lift the current ban on pre-dispute arbitration agreements used by Long-Term Care (“LTC”) facilities. This marks an abrupt about-face from the position held by CMS beginning only 9 months ago. The current ban on arbitration agreements covers such agreements in 3 settings: (1) LTC facilities entering into pre-dispute arbitration agreements with their residents; (2) conditioning admission to LTC facilities on the execution of a pre-dispute arbitration agreement; and (3) conditioning an...

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A New Trend In Telemedicine: The Power To Prescribe

A New Trend In Telemedicine: The Power To Prescribe Telemedicine has altered the dynamic of the relationship between health professionals and patients as it has continued to increase in popularity and gain new abilities. What for decades has involved scheduled office visits, travel, and in-person interaction can now be as simple as having access to an internet-connected device. Initially, telemedicine had many limitations, both practical and legal. Some patients simply need to be examined in person, and some conditions simply need more medical attention than others. In this regard, there are still limitations to telemedicine. However, one major limitation...

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