Ron Lebow, JD Urgent message: As health systems and payors align their interests in the creation of accountable care organizations, hospitals that acquire or partner with urgent care centers must adopt a legal structure and an operating model that remain compliant with the federal Anti-Kickback Statute and the federal Stark law, and with other federal and state regulations. Introduction With the advent of the Patient Protection and Affordable Care Act (PPACA), the government recognized that …
Read MoreHow to Recognize and Handle Potentially Litigious Patients
Angela T. Burnette, JD Urgent message: Although any urgent care center could potentially face litigation at any time, the risks of being sued can be reduced by focusing on provider behaviors that build strong relationships with patients, by recognizing patient behaviors that may increase the odds of litigation, and by having a plan for handling dissatisfied patients. Lawsuits do not discriminate. They are filed against all types of health-care providers—new or experienced, group practice or …
Read MoreProtecting Patient Privacy in the Cloud
K Royal, JD, CIPP/E, CIPP/US Urgent message: The shift in medical practice from written charts to integrated digital platforms has dramatically increased the visibility, size, and magnitude of health-care information breaches. There are specific steps urgent care operators should take with vendors to protect patient information in this new technological environment. The news makes it seem that data breaches occur on a fairly regular basis. The Ponemon Institute even named 2014 as the year of …
Read MoreOctober 2015
June 2015
Two-Thirds
JOHN SHUFELDT, MD, JD, MBA, FACEP Editor’s note: For almost 10 years, Dr. John Shufeldt has generously shared his talents as a writer, legal expert, and thought leader with JUCM readers as the contributing editor of our Health Law department. Although John is retiring as its regular contributor, he will always remain its award-winning founder. In future issues, the Health Law column will be expanded to include new contributors and cover a broader scope of …
Read MoreMedical Malpractice Trial, Part 3: The Trial
JOHN SHUFELDT, MD, JD, MBA, FACEP Recap of the Facts Johnny Dalton presented to the emergency department (ED) at St. Jacob’s Hospital after ingesting liquid methadone, a long-acting opioid. Responsive Emergency Medicine and Dr. Beth Ange evaluated and monitored Johnny for nearly 12 hours and discharged him home. Johnny was found dead by his family approximately 20 hours after discharge. Case name: John and Cathy Dalton v. Dr. Beth Ange and Responsive Emergency Medicine Decedent: …
Read MoreMay 2015
Medical Malpractice Trial, Part 2: Pretrial
JOHN SHUFELDT, MD, JD, MBA, FACEP Johnny Dalton presented to the emergency department (ED) at St. Jacob’s Hospital after ingesting liquid methadone, a long-acting opioid. Responsive Emergency Medicine and Dr. Beth Ange evaluated and monitored Johnny for nearly 12 hours and discharged him home. Johnny was found dead by his family approximately 20 hours after discharge. Case name: John and Cathy Dalton v. Dr. Beth Ange and Responsive Emergency Medicine Decedent: Johnny Trey Dalton Attorney …
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