A brouhaha in the St. Louis area should serve as a reminder (to operators, clinicians, and staff) that posts to social media platforms are subject to the same standards of fair comment as statements made in the media or anywhere in public. Saying something perceived as inflammatory or wrongfully derogatory about a local urgent care operator on Facebook, in this case, landed the chair of a local emergency department in court. The issue arose when …
Read MoreCustomer Opinions Fall After eClinicalWorks Settlement
When EHR vendor eClinicalWorks agreed to a $155 million settlement over charges that it falsified claims for federal incentive payments, it probably thought the damage would be mainly financial. Months later, though, it’s paying a steeper price in more precious currency: customer opinions. A new report from KLAS Research reveals that 66% of eClinicalWorks customers say their opinion of the company is lower than it was when the settlement was announced in May (with 26% …
Read MoreWashington Suit Alleges Obstacles to ‘Charity Care’ by Hospital
Washington’s attorney general has filed suit against St. Joseph Medical Center, charging that the hospital has illegally withheld “charity care” from tens of thousands of low-income Tacoma-area residents for years. Specifically, AG Bob Ferguson says St. Joseph has erected “obstacles” that inhibit providing care to patients who may have trouble affording it. State laws in Washington require hospitals to verify the income of prospective charity patients, but allegedly St. Joseph staff were directed to ask …
Read MoreWatch Out for Shady Allergy Testing—and Billing—Schemes
Medically necessary is hard to define to universal approval, with insurers and healthcare professionals often being on opposite sides. Some shady service providers are looking for ways to exploit that divide for their own profit, sometimes leaving urgent care operators at risk for penalties, potentially. Right now, some allergy companies “offer” to help practices initiate allergy testing and immunotherapy services; the company places an employee on site to handle the allergy tests and facilitate immunotherapy—in …
Read MoreEnsure Patient Safety—and Minimize Liability Risk—in Every Encounter
A situation brewing in Nebraska should serve as a cautionary tale for ensuring patients are safe at all times—and minimizing liability risk for all urgent care operators. A physician in Lincoln, NE has been accused of carrying out unnecessary, invasive physical exams of a female recruit to the Nebraska State Patrol. A state senator there plans to submit a formal complaint to state regulators and medical associations against the provider, after a female trooper filed …
Read MoreWronged on Social Media? Maybe There’s Recourse
The case of Texas newlyweds whom a court ordered to pay a photographer $1 million after engaging in a social media smear campaign has gotten a lot of attention. The headlines will fade, but the decision could give all businesses—including urgent care centers—cause to take another look at their options if they feel they’ve been wrongfully defamed online. In the Texas case, a newly married couple claimed the photographer was holding their wedding album “hostage” …
Read MoreYou Could End Up Paying Millions for Employees’ HIPAA Violations
The U.S. Department of Health & Human Services’ Office of for Civil Rights (HHS OCR) has made it very clear that it’s the operator’s responsibility to police its own data policies—even among employees. Memorial Healthcare Systems (MHS) found that out the hard way, and now has to pay HHS $5.5 million to settle “potential violations” of HIPAA’s Privacy and Security rules, and to implement a “robust” 3-year corrective action plan and resolution agreement. HHS came …
Read MoreAlabama May Lose Medicaid Funding for Cutting Off Some Enrollees
Alabama says it’s just trying to protect its coffers from being pilfered by criminals, but the Centers for Medicare & Medicaid Services is taking a hard look at how the state is handling cases of alleged fraud by Medicaid enrollees. The state acknowledges that it rejects people who would otherwise be eligible for Medicaid funding if those individuals “have been found” to have engaged in fraud—even if they were never convicted of a crime, which …
Read MoreGag Order on Physician Discussion of Guns Is Overturned—for Now
One side will say it’s a restoration of freedom of speech for doctors concerned about a legitimate public health issue. The other will say it’s a step down the slippery slope toward unfair restrictions on the right to bear arms. Either way, a federal appeals court says physicians in Florida are free to ask patients if they own a gun whether the question is medically relevant at the time or not. The decision effectively overturns …
Read MoreCheck with Counsel on 2017 Employment Law Updates
New state and local laws will take effect come the New Year all around the country. In Illinois, for example, one new law pertains to urgent care centers, specifically; it mandates that all locations display notices regarding human trafficking in a conspicuous place. More broadly, urgent care operations that provide occupational medicine services will certainly need to keep abreast of legal requirements in the states and municipalities where they practice, but all urgent care companies …
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