Category: Health Law Highlights

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Health Law Highlights

Feds Announce Final Penalties for Information Blocking. Hospitals and Medical Groups Aren’t Happy

Summary of article from Chief Healthcare Executive, by Ron Southwick:

The U.S. Department of Health & Human Services has finalized rules to prevent information blocking, imposing significant financial penalties on hospitals, clinicians, and medical groups that fail to share health information freely. Hospitals could face reductions in federal aid and substantial financial disincentives, while clinicians and medical groups could see reduced reimbursements and other penalties. The American Hospital Association and the Medical Group Management Association have criticized the penalties as excessive and punitive, urging for more collaborative approaches. The rule also affects Accountable Care Organizations by barring violators from participating in the Medicare Shared Savings Program for at least a year. These measures will take effect 30 days after the rule’s publication.

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Health Law Highlights

Texas Medical Board Adopts Abortion Guidance

Summary of article from The Texas Tribune, by Eleanor Klibanoff:

The Texas Medical Board has adopted new guidelines for interpreting the state’s abortion laws, aimed at clarifying the conditions under which doctors can perform abortions without risking their medical licenses. The guidance reduces some documentation requirements but stops short of providing a comprehensive list of legal abortion scenarios, citing the uniqueness of each medical case. Despite revisions, concerns remain about the clarity and sufficiency of the guidance, particularly in light of recent Texas Supreme Court rulings. The board emphasized that while it aims to protect the doctor-patient relationship, it cannot fully eliminate doctors’ fears of prosecution. The rules are open to future adjustments based on evolving circumstances.

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Health Law Highlights

Court Strikes Down HHS “Guidance” Regarding Online Tracking Technologies and HIPAA: Implications for Healthcare Providers

Summary of article from Health Law Attorney Blog:

In a recent decision, the United States District Court for the Northern District of Texas partially granted summary judgment to the plaintiffs, striking down the HHS rule that expanded the definition of “Individually Identifiable Health Information” (IIHI) to include the combination of an individual’s IP address and their visits to healthcare providers’ websites. The Court ruled that HHS exceeded its statutory authority under HIPAA and imposed new legal obligations without proper rulemaking procedures. This decision relieves healthcare providers from the significant compliance burdens associated with the now-invalidated rule. Providers should review their use of tracking technologies to ensure compliance with the ruling and stay informed about any new guidance from HHS. This case underscores the necessity for clear, consistent regulatory guidance aligned with statutory definitions and procedural norms.

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Health Law Highlights

The Role of Nursing Education in Ensuring HIPAA Compliance

Summary of article from The HIPAA Journal, by Dr. Randolf F. R. Rasch:

The escalating issue of HIPAA violations by nurses poses significant legal and financial risks for healthcare institutions. Despite mandatory annual training, many nurses are inadequately prepared for compliance due to gaps in both initial and ongoing education. A 2023 survey underscores these deficiencies, revealing that only 24% of healthcare organizations provide annual HIPAA training and fewer than 3% offer this crucial training solely during employee orientation. This lack of comprehensive and continuous education leaves nurses vulnerable to breaches in patient privacy and electronic health information integrity. Addressing these gaps through enhanced training and vigilant surveillance is essential for protecting both patient data and the institutions that employ healthcare professionals.

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Health Law Highlights

OCR Increases Focus on Phishing Attacks Against Healthcare Providers

Summary of article from Morgan Lewis, by Amy M. Magnano, Michael J. Madderra:

In response to a significant rise in phishing attacks, the US Department of Health and Human Services’ Office for Civil Rights (OCR) is emphasizing the importance of regular risk assessments and best practices to protect sensitive data. The OCR’s first phishing cyberattack settlement involved the Lafourche Medical Group, which failed to implement necessary safeguards, resulting in a breach that compromised the data of nearly 35,000 individuals. The OCR’s resolution included a $480,000 fine and a two-year monitoring period for Lafourche. Future phishing attacks are anticipated to become more sophisticated due to advancements in AI, further emphasizing the need for regular security policy updates and employee education.

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Health Law Highlights

Hacking the Hippocratic Oath: Four Ways to Shield Patients from Ransomware Attacks

Summary of article from MedCity News, by Mohammad Wagas:

The healthcare industry is under increasing threat from cyberattacks, highlighting an immediate need for stronger security measures. To address this, four key strategies are recommended: enhancing analysis of security risks, fostering a cybersecurity culture among all staff, segmenting networks to limit potential damage, and ensuring robust external surface defense. Comprehensive risk analysis tools and consistent cybersecurity education for staff are imperative. Implementing a Zero Trust architecture and conducting regular security audits of third-party vendors are also key. These initiatives align with medical ethics and ensure patient safety and their trust in technology.

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Health Law Highlights

Will Regulatory Scrutiny Impact Private Equity Investment in Healthcare?

Summary of article from Ankura, by Anthony Metke, Robert Mundy:

Private equity (PE) investment in healthcare has grown substantially in the past decade due to the sector’s fragmentation, potential for scale, and attractive returns. However, this trend has raised concerns about the implications for patient care, costs, and industry structure. The Federal Trade Commission (FTC) and other regulatory bodies have recently increased their scrutiny of PE in healthcare, highlighting the potential risks of prioritizing profit over patient care. The future of PE investment in healthcare will likely involve a more cautious approach, with increased emphasis on regulatory compliance, transparency, and alignment with broader healthcare improvement goals. PE firms may need to adapt their investment strategies to a more long-term perspective, aligning with the goals of improving healthcare delivery and patient outcomes.

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Health Law Highlights

Healthcare Cybersecurity: Preventing Data Breaches

Summary of article from Security Boulevard, by Rom Carmel:

The healthcare sector is facing an escalating threat from cyberattacks, with an unprecedented 725 large data breaches reported in 2023. The primary causes are system vulnerabilities, human errors, and a surge in sophisticated cyberattacks. The consequences of these breaches are manifold, including major financial burdens, significant reputational damage, and infringing patient privacy. To mitigate these risks, it’s essential to implement a robust cybersecurity infrastructure, perform regular audits and risk assessments, and provide comprehensive cybersecurity training to employees. Apono, a specialized platform, can support healthcare firms with these preventative measures, contributing to safeguarding patient data, maintaining service integrity, trustworthiness and compliance with industry standards.

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Health Law Highlights

Understanding Barriers to Cyber Resilience in Healthcare

Summary of article from HealthIT Security, by Jill McKeon:

Cyber resilience in healthcare, which enables swift response and recovery from cybersecurity incidents, faces several barriers including a lack of understanding of the concept, misalignment between cybersecurity and business, and the complexity of IT systems. Research by LevelBlue reveals that 76% of healthcare organizations view cyber resilience as primarily the responsibility of cybersecurity teams, rather than an enterprise-wide priority. Budgets are often reactive, with 77% of respondents describing their budgets as such, and there is a notable lack of understanding about cybersecurity at the board level. The rapid innovation in healthcare technology, while beneficial, adds to the cyber risk, making resilience more complex. To improve cyber resilience, healthcare organizations should use reporting metrics and analysis, increase communication at the C-suite level, improve employee training, and adopt resources like the Health Industry Cybersecurity Practices (HICP) for better alignment with the National Institute of Standards and Technology (NIST) Cybersecurity Framework (CSF).

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Health Law Highlights

Streamlining Hospital Operations, Optimizing Resource Allocation, and Improving Efficiency with AI Predictive Analytics and Machine Learning Algorithms

Summary of article from Healthcare IT Today, by Grayson Miller:

AI-driven predictive analytics and machine learning algorithms are revolutionizing healthcare by streamlining hospital operations, optimizing resource allocation, and enhancing system efficiency. They help predict patient admission rates, manage bed occupancy, forecast staffing needs, and predict the demand for medical supplies with remarkable accuracy. AI technologies also facilitate quicker and more accurate disease diagnoses by analyzing vast datasets, and help in early intervention and preventive measures for patients at risk. The integration of AI in healthcare is anticipated to grow, potentially reshaping healthcare delivery in ways yet to be fully realized. However, successful operational transformation requires more than just AI, with factors like data hygiene, workflow automation, and change management services being equally important.