Showing posts with label Medical Legal News. Show all posts
Showing posts with label Medical Legal News. Show all posts

Tuesday, October 27, 2015

Telemedicine and Malpractice

Telemedicine requires interaction and communication between patients and doctors over devices such as phones, computers, tablets, and applications like Skype. While it might seem to be a fresh and upcoming technology, telemedicine has in fact been practiced over the telephone, in the United States for nearly 50 years. With advances in technology, telemedicine is anticipated to grow exponentially in the following couple of years.

The risk for potential malpractice litigations grows as telemedicine grows in popularity. Concern stems from the fact that there may not be a face-to-face assessment together with the medical advice that's given. Telemedicine has wide support among both political parties and is outlined in the Affordable Care Act. Many supporters argue that telemedicine can increase accessibility to healthcare while also substantially reducing costs.

The number of litigations associated with telemedicine has been comparatively low. Experts, however, are anticipating that number to climb as telemedicine grows in popularity. Many malpractice cases involving telemedicine have contained nondisclosure agreements so real numbers and particular issues or concerns and have been settled are difficult to assess.


For more information regarding telemedicine and the law, contact us today!

Friday, July 10, 2015

What to do when Insurance Companies Overrule Doctors


“That requires prior authorization” is not what we want to hear if we are a patient or a physician. However, requirements for prior approval for certain procedures and medications are here to stay in the health care industry. Problems arise as health care providers’ drive to treat their patients using the finest that medical technology provides clashes with the insurance company, who as a business, desires to control costs as much as possible. The insurance industry pays the vast majority of health care costs in this country and, since they are a business, they wish to make a profit, and controlling costs is a necessary component. Sometimes the requirement to control expenses as well as the need to treat patients can be reconciled. Frequently, however, both of these requirements cause a struggle.

One common area of conflict is in the use of antirejection medications for transplant patients. Transplant medications must be taken by transplant patients for the rest in their lives. This is often very expensive which is why insurance providers usually only cover the generic form of the drug, not the brand name. While generics generally work fine for some more common conditions like blood pressure, many physicians don't trust the generic type of antirejection drugs, frequently for good reason. However, because the expenses are being paid by the insurance companies, patients are typically left acquiring the generic medications against their doctors’ advice.

CBS News “60 Minutes” recently described the clash between insurance companies and physicians regarding mental illness. Cases of insurance providers, who never see the individual, are declining to cover the full course of treatment which has triggered needless suffering and in some cases, death.

Medical economists explain that the cost of complying with all the prior authorization requirements is time consuming and very costly. However, without a public policy solution for the issue, there are certainly a few things the physician may do to streamline the process.

First, if an insurance business is slow to pay or is too rigid in granting approvals, the doctor may consider not seeing patients with that insurance. If enough healthcare providers do this, insurance companies will begin to get the message and may modify their techniques.

Second, doctors must try to structure their prior approval processes in the most efficient way. Strategies include: use the insurance company’s website instead of calling on the telephone; try to get blanket approvals for common procedures and common medicines; centralize the approval operations; and lastly, doctors should learn which drugs and procedures do not require prior authorization and use those if they are appropriate.

Although these recommendations won’t resolve the situation of working with insurance providers, they may make the process a little easier.

Wednesday, June 17, 2015

5 Tips for HIPAA Compliant Technology

 HIPAA (The Health Information Portability and Accountability Act) was designed to protect the privacy of individually identifiable health information.  The complexity of protecting that information is growing as government mandated moves to increase Meaningful Use of Electronic Health Records (EHR) enter Stage 2 in 2015. 

Regularly updating your security protocols will help to protect your practice from break-ins or accidental breaches.  Below are some ways to help your Electronic Health Records stay HIPAA compliant and secure.
  1. Initial Risk Assessment.  An initial risk assessment can help you determine where the sensitive EHR is being stored and how it is accessed.  This allows you to find potential areas of weakness and take steps to reduce existing risks.
  2. Encrypt Electronic Protected Health Information (ePHI).  Properly encrypted date is protected even if other safeguards fail. Data encryption is necessary to prevent improper disclosures of ePHI. 
  3.  Utilize Secure Servers.  Only authorized staff should have access to servers and they should be password-protected or secured with public key authentication.  Encryption is the first line of defense, but ensuring that servers where ePHI is stored are both physically and virtually secured is also crucial. 
  4.  Do Not Allow the use Portable Drives for ePHI.  A portable drive can be easily misplaced or stolen. 
  5. Limit Access.  Staff should only be able to access ePHI that is critical to their ability to perform their job and they must be properly trained on HIPAA compliance. Employee access to workstations and software must be limited with authorizations, passwords, and clearance levels. 


Securing electronic personal health information is a must to maintain HIPAA compliance.  Start byconducting a risk assessment today!