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Health Law Highlights

Texas Retina Associates Cyberattack Affects 312,000 Patients

Summary of article from The HIPAA Journal, by Steve Adler:

A cyberattack on Texas Retina Associates, the largest ophthalmology practice in Texas, has compromised the sensitive data of 312,867 patients. The breach, which occurred from October 8, 2023, to March 27, 2024, exposed personal information including names, addresses, Social Security numbers, and medical details. Texas Retina Associates has since secured its systems, enhanced cybersecurity measures, and provided additional training to its staff. Notifications are being issued to affected individuals as a precaution, and a helpline has been established for further assistance. The practice has not mentioned offering complimentary credit monitoring or identity protection services.

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Health Law Highlights

Report Reviews Updates on Health Cybersecurity and Ransomware

Summary of article from Robinson & Cole LLP, by Linn F. Freedman:

The Health Sector Cybersecurity Coordination Center (HC3) has recently issued two critical alerts for the healthcare sector. The first alert, dated June 18, 2024, concerns Qilin (also known as Agenda Ransomware), a ransomware-as-a-service (RaaS) that targets healthcare organizations through spear phishing and other tools, employing double extortion tactics. The second alert, issued on June 27, 2024, highlights a critical vulnerability in the MOVEit file transfer platform, urging healthcare organizations to promptly patch the identified improper authentication processes to prevent exploitation. Progress, the platform’s owner, has released patches, but the vulnerability remains actively targeted by cyber threat actors. HC3 emphasizes the urgency of addressing these threats to protect against data loss and compromise.

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Health Law Highlights

Why Are Primary Care Physicians Optimistic About AI?

Summary of article from MedCity News, by Katie Adams:

Primary care physicians are optimistic about AI’s potential to enhance care delivery efficiency, particularly through automated dictation and scribing tools, which have significantly reduced administrative burdens. A survey by Elation Health revealed that nearly 70% of primary care clinicians believe AI will be crucial for future healthcare efficiency. The key advantage of AI is its ability to decrease “pajama time,” allowing physicians to spend more time with patients. Phill Tornroth from Elation Health emphasized that AI should augment, not replace, clinicians by integrating seamlessly into their workflows. This approach aims to enhance the physician-patient relationship, which remains central to effective primary care.

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Health Law Highlights

Biden Administration Tells Doctors They Must Provide Emergency Abortions

Summary of article from AP News, by Amanda Seitz, Christine Fernando:

In response to a recent Supreme Court ruling, the Biden administration has directed emergency room doctors to perform emergency abortions when necessary to save a pregnant woman’s health, emphasizing compliance with the Emergency Medical Treatment and Active Labor Act (EMTALA). This follows the Supreme Court’s failure to clarify whether state abortion bans override this federal law. The administration’s guidance aims to address reports of pregnant women being denied emergency care due to legal uncertainties. Enforcement will resume in Idaho, but remains on hold in Texas due to ongoing legal challenges. Additionally, the administration is enhancing resources for patients to file complaints against hospitals that fail to provide required emergency care.

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Health Law Highlights

How the Chevron Doctrine’s Overturn Could Effect Public Health, FDA

Summary of article from The Washington Post, by David Ovalle, Joel Achenbach, Rachel Roubein:

Recent Supreme Court decisions have significantly curtailed the power of federal health-care agencies, leading to potential challenges in regulating drugs, tobacco products, and medical technologies. The court’s ruling in Loper Bright Enterprises v. Raimondo overturned the Chevron doctrine, which had required courts to defer to agency interpretations of ambiguous laws, thereby increasing judicial scrutiny over agency decisions. This shift is expected to result in extensive litigation, complicating the administration of health programs like Medicare and Medicaid and potentially undermining public health protections. Legal experts warn that these changes could hinder the ability of agencies like the FDA to respond effectively to health emergencies and regulate emerging technologies. The Biden administration and health officials express concern over the long-term impact on public health and regulatory stability.

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Health Law Highlights

How AI Could Help Triage Emergency Department Care

Summary of article from Association of Health Care Journalists, by Karen Blum:

Two recent studies highlight the potential of GPT-4, an AI model by OpenAI, to assist in emergency department triage and hospital admission predictions. Researchers at UCSF found that GPT-4 could identify patients with more severe conditions with 89% accuracy, slightly outperforming physicians. A second study by the Icahn School of Medicine at Mount Sinai demonstrated GPT-4’s ability to predict hospital admissions with up to 83% accuracy. These findings suggest AI could help streamline emergency care, though further validation and efforts to mitigate biases are needed. Despite the promise, doctors will still need to independently assess patients to ensure accurate treatment.

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Health Law Highlights

5 Tips to Implement Artificial Intelligence in Health Care Organizations Successfully

Summary of article from Medical Economics, by Ronen Lavi:

The successful implementation of AI in healthcare organizations requires clear objectives, tailored technology, seamless integration with existing systems, effective clinician engagement, and robust analytics. Organizations should define specific, measurable goals to guide AI adoption and select healthcare-specific AI solutions that align with these objectives. Smooth integration with electronic health records (EHRs) and minimal disruption to patient care are crucial. Engaging clinicians through effective communication and training is essential to address skepticism and ensure adoption. Lastly, leveraging analytics to monitor and optimize AI usage can help achieve strategic outcomes and improve key performance indicators.

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Health Law Highlights

HIPAA Unique Identifiers Explained

Summary of article from The HIPAA Journal, by Steve Adler:

HIPAA mandates unique identifiers for employers, health plans, and healthcare providers to enhance transaction efficiency and reduce administrative costs, though no standards for individual identifiers were adopted due to cost and complexity. Employer identifiers use IRS-issued EINs, while health plan identifiers, initially introduced in 2012, were rescinded in 2019 due to implementation challenges. Healthcare providers use National Provider Identifiers (NPIs), established before HIPAA and extended in 2004. It’s crucial to distinguish these HIPAA unique identifiers from PHI identifiers, which must be removed for data de-identification. Entities uncertain about these distinctions should seek HIPAA compliance guidance to avoid violations.

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Health Law Highlights

Ramping Up: Antitrust Enforcement in Health Care

Summary of article from Dickinson Wright, by Patrick Masterson, Pahl Zinn:

In early 2024, the Biden administration intensified antitrust enforcement, particularly targeting the healthcare sector. December 2023 saw the release of new Merger Guidelines by the FTC and DOJ, lowering thresholds for anti-competitive assessments and focusing on healthcare mergers. February 2024 marked a joint inquiry into private equity’s influence in healthcare, with public comments open until July. The FTC also finalized a rule banning noncompete agreements, extending its jurisdiction to certain nonprofit healthcare entities. Additionally, the DOJ established a Task Force on Health Care Monopolies and Collusion to address antitrust issues in the sector.

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Health Law Highlights

Information Blocking: Disincentives Established for Health Care Providers

Summary of article from Baker Donelson, by Julie Kilgore:

The Disincentives Final Rule, established under the Cures Act, aims to deter information blocking among Medicare-enrolled health care providers by implementing specific penalties. These penalties include disqualifying providers from being recognized as meaningful EHR users, impacting their financial incentives under Medicare programs, and potentially excluding them from the Medicare Shared Savings Program. The rule will come into effect 30 days after its publication, with the Office of Inspector General (OIG) beginning investigations thereafter. Health care providers will be notified of any disincentives and may appeal decisions before they are finalized. The Office of the National Coordinator for Health Information Technology (ONC) will publicly post information about disincentives, ensuring transparency, but only after appeals are concluded.