HIPAA Law Violation

HIPAA PHI

HIPAA laws are designed to protect a patient’s sensitive information, and the protection of that information can also protect the healthcare providers who curate it.

There are a number of legal structures in place to enforce HIPAA, making sure that all loopholes are closed. This means that patients have a lot of rights in regard to protection of their medical information, but it also means that even an unintentional slipup can land a healthcare employee and/or the organization they work for in hot water.

Here’s what you need to know.

What Is HIPAA Law?

Officially known as the Health Insurance Portability and Accountability Act of 1996, HIPAA law requires all healthcare facilities and any organization that manages healthcare data to have systems in place to protect that information from being released without the explicit consent of the patient.

HIPAA is a federal law, and the US Department of Health and Human Services (HSS) issued a HIPAA Privacy Rule that additionally requires that organizations implement HIPAA. Additionally, there is a HIPAA Security Rule that further protects health information.

What Is a HIPAA Law Violation?

HIPAA law is violated whenever healthcare information is released to any person, organization, or the public without consent of the individual whose information it is.

Some HIPAA law violation examples include:

  • A release of information to another doctor or healthcare provider without the explicit consent of the patient.
  • The release of information to a parent regarding any child over the age of 18.
  • The discussion of any medical information over the phone or in person.
  • The discussion of medical options with family members who are not immediately related to a patient even if there is an established long-term relationship and the person is unable to care for themselves.

Even an acknowledgement that someone is receiving services at a healthcare facility or by a specific provider is a violation of HIPAA.

For example, if someone were to call a treatment center and ask to speak to a specific patient, many organizations will refuse to even acknowledge whether or not that person is in residence or ever has been.

To provide any information regarding someone’s medical status, treatment status, diagnosis, or other issue can lead to serious legal trouble.

Can You Sue for a HIPAA Law Violation?

Yes. If you feel that your medical information was released without your consent to any party, you can sue. If you can demonstrate that there was damage to your ability to earn money, emotional damage, or any negative impact of that release of information, it is more likely that the case will be resolved in your favor.

How Do You Report a HIPAA Law Violation?

Florida Healthcare Law Firm is here to help you manage any difficulties you may be experiencing due to HIPAA law. Contact us today for more information.

What Is Patient Abandonment?

care transition doctor patient

Patient abandonment is a serious issue for patients who require continued medical support as they navigate chronic illnesses or seek a diagnosis.

When they are suddenly without treatment, they may make mistakes with their care or otherwise harm themselves inadvertently by not getting the help they need quickly enough. When the worst possible outcome results from a loss of care, it is not uncommon for their family members to litigate, indicating that patient abandonment is the reason that their loved one suffered and/or passed away.

What Is Considered Patient Abandonment?

It may be termed patient abandonment when a doctor terminates their relationship with a patient without giving them enough time and continued care to allow them to find a new doctor. In order for patient abandonment to occur, a relationship between the medical care provider and the patient must have been established.

In some cases, it is clear that there is a long and ongoing relationship between a doctor and patient, but other times, it may be implied, such as when a patient receives care in an emergency room, in a prison, or from a doctor at the request of their usual doctor who may be unavailable. Any independent medical exam may imply that there is a medical relationship between a doctor and patient as well.

What Is Patient Abandonment in Nursing?

It is possible for nurses to commit patient abandonment as well, even though they are not providing diagnostic care. If they neglect a patient or otherwise stop providing for them and do not make arrangements for another nurse to take over, they are abandoning the patient, according to the legal definition.

This is just as severe as patient abandonment committed by a physician since nurses attend to the acute needs of the patient, providing management of their treatment. If they are not there to maintain medication levels, notice when problems begin to develop, or assist patients with their basic needs, patients will suffer.

What Are the Consequences of Patient Abandonment?

The consequences of patient abandonment at best can mean frustration and fear as the patient seeks to find alternative medical care quickly. At worst, however, patient abandonment can result in the death of the patient or life-altering consequences that make it impossible for them to work or live without pain, or otherwise decrease their quality of life.

Get Help With a Patient Abandonment Lawsuit

If you need help handling a patient abandonment lawsuit, we’re here to help. At Florida Healthcare Law Firm, we are focused solely on healthcare law. We can help you work through the often emotionally difficult process of navigating the legal system with a patient abandonment lawsuit.

Call now to schedule a consultation. Find out what your options are and how we can help.

Positioning Your Dental Practice for Sale

Thinking about selling your dental practice is a major career step which cannot be treated lightly. It is imperative to not only stay in step with all the legal practices and procedures to protect against liability issues down the road but also to ensure that you get the most profit possible from the business you’ve worked so hard to create. The process of preparing your dental practice for sale should start months in advance so you can address any issues early and prior to having a purchase agreement in place.

Know the Cost of Selling Your Dental Practice

Before you begin the process of putting your dental office up for sale, it’s a good idea to know all the costs involved. Speaking with your accountant to better understand the tax implications and how to manage equipment issues, unsold goods, employee transfer, and more can help you determine when might be the right time to sell. In some cases, it may be prudent to postpone a sale by a few months or years to get everything in place. You should also meet with a practice consultant that can help re-organize the practice and its flow. An experienced healthcare business attorney can help restructure corporations, contract key employees, prepare a fair market value lease agreement, and even begin to draft key terms for the sale.Continue reading

Memory Care Unit Has Unique Legal Risks

Many of the risks seen in Memory Care are the same risks that arise in skilled nursing and assisted living.  However, there are unique legal risks inherent in the provision of memory care services that leadership should not ignore.  While this article is not an exhaustive list of those risks, some of the often-overlooked enhanced risks are identified below.

By: Karen Davila

Memory Care in the CCC

The existence of a Memory Care Unit allows residents to remain in the CCC longer, but the risks of caring for those individuals increases substantially.  Memory Care services are generally provided in a secure (“closed”) unit with staff with specialized trained to understand the unique needs of residents with dementia.  Risks are different from those elsewhere in the CCC in part due to (a) the geographic and physical isolation (restricted ingress/egress) that are common for Memory Care Units; and (b) the unique capabilities and vulnerabilities of residents, rendering them unable to comply with safety guidance and participate meaningfully in analysis of any adverse event.  Because of this, leadership should recognize and attempt to mitigate risks associated with falls, elopements, aggressive/disruptive behaviors, infectious disease, adequacy of staff training, and 24/7 staff supervision, among others.  Additional thoughts and considerations on each of these are discussed below.Continue reading

Controlled Substances Dispensing Gets Pharmacy in Trouble – AGAIN!

Yet another pharmacy owner was just convicted of unlawfully dispensing over 1.5 million doses of controlled substances, primarily oxycodone and hydrocodone. 

By: Karen Davila

In my last couple of articles, I’ve focused on the controls necessary to safely operate a pharmacy and dispense appropriate prescribed medications, including controlled substances.  And those of you who heed that kind of advice are likely to avoid the unwanted attention of law enforcement.  However, for those who continue to think they can operate with impunity, heads’ up:  the war against opioids in the U.S. is ongoing and enforcement activities are not slowing down.  Below is an article about this recent case out of Texas and some lessons we can all take away from what was reported.

In this most recent case, a federal jury in Texas convicted a Texas pharmacy owner (Carr) on March 7 of one count of conspiracy to unlawfully distribute and dispense controlled substances, four counts of unlawfully distributing and dispensing controlled substances, one count of conspiracy to launder money, and two counts of engaging in transactions in property obtained from the illicit activity.  Carr now faces up to 140 years in prison, among other consequences.Continue reading

Healthcare Law and Ethics

Healthcare law and ethics

The relationship between law and ethics in healthcare isn’t always clear. Some ethical decisions break legal requirements, and sometimes the opposite is true. Learn how to walk this line effectively with the help of a lawyer.

Continue reading

What Is the Baker Act?

Medical Attorney

Helping family members to better care for their loved ones struggling with mental illnesses is the primary goal of the Baker Act.

If you are trying to connect your loved one with mental health treatment, this piece of legislation is designed to give you the tools to do that — even if your loved one is refusing to get treatment due to the nature of their mental illness.

Baker Act

The Baker Act supports and encourages voluntary psychological treatment for individuals who need it but provides a means by which families of people with severe mental illness may be able to help them get care when their mental illness is stopping them from entering treatment.

Essentially, if your loved one is refusing treatment due to the symptoms of their mental illness — for example, they would be able to recognize the need for treatment if they were not living with that mental illness — the Baker Act makes it possible for family members to involuntarily connect them with treatment.

What Are the Requirements of the Baker Act in Florida?

This law is designed primarily to protect the patient, helping them to get the treatment they need to heal even if the very illness they need treatment for makes them think that they don’t need care.

First, it must be proven or clear that the individual has a mental illness. Next, the reason that the person is refusing to get treatment must be because of their mental illness, either because they cannot reason through the issue or because their illness is such that they feel they do not need to get better.

Lastly, it must also be shown that the person will suffer harm if they do not get the treatment they need. That is, some evidence that they will hurt themselves or others may be required by the judge.

Note: The Baker Act does not apply to those who are struggling with substance abuse issues, developmental disabilities, or who exhibit antisocial behaviors.

What Happens After the Baker Act?

If you are able to use the Baker Act to help you connect your loved one with the mental health intervention they need, the hope is that they will be able to get help afterward. This will be contingent upon a number of factors, however, including the resources of the family to pay for treatment, the availability of treatment (such as openings or beds in a facility), and whether or not treatment is effective the first time around.

Do You Need Help Utilizing the Baker Act?

Learn more about how we can help you invoke the Baker Act to support your loved one when you contact us at Florida Healthcare Law Firm today.

Getting the Vax Facts

By: Dave Davidson

Despite two years of COVID and a year’s worth of vaccinations, there remains some confusion over the privacy of an employee’s vaccination status.  As a healthcare employer, are you permitted to ask your employees if they’re vaccinated?  Do you breach the Health Information Protection and Accountability Act (HIPAA) in doing so?  The quick answers to those questions are: it’s OK for an employer to ask; and as long as the inquiry is made to the employee (and not to a third party or sought from medical records), the employer probably hasn’t violated HIPAA.

First, let’s address HIPAA applicability in general.  As a health care attorney, HIPAA is an integral part of my “filter” in providing legal analysis.  However, it surprises me when I hear people who work outside the health care arena claim HIPAA protection over all kinds of information – and most recently, their COVID-19 vaccination status.  Those protections are from a much broader interpretation of the HIPAA protections than is actually provided.  In a nutshell, HIPAA applies to health plans, health care clearinghouses, and health care providers (along with their business associates).  Unless an employer falls into one of those categories, HIPAA does not play a role.  Nevertheless, health care employers who have employees who are also patients, or employees who have provided Protected Health Information (PHI) to their employer cannot just shrug off their HIPAA obligations when it comes to vaccinations.  PHI must always be safeguarded in accordance with the HIPAA Privacy Rule. Continue reading

Emergency Rule Facilitates Medication-Assisted Treatment in Florida

Effective immediately, Florida’s Department of Children and Families promulgated an emergency rule with the hope of facilitating Medication-Assisted Treatment for those suffering from opioid use disorders. The crisis in Florida has been devastating. Deaths and overdoses due to opioid use in the state has increased by 37% percent over the past three years.

The emergency rule facilitates Medication-Assisted Treatment by modifying the clinical and operational standards that would otherwise apply; specifically, the emergency rule:Continue reading

DME Scheme of Greed Knows No Bounds

Durable Medical EquipmentBy: Susan St. John

In yet another take-down of an illicit scheme to defraud the Medicare Program and ChampVA, as well as other insurers, Patsy Truglia has been sentenced to 15 years in federal prison. He has also had assets forfeited since these assets were acquired with money from his ill-gotten fraud scheme. In total, Mr. Truglia and his co-conspirators collected approximately $18.5 million from Medicare, ChampVA, and insurance using a scheme of telemarketing, telemedicine, and multiple DME providers or “store fronts.”

The scheme used telemarketers to collect beneficiaries personal and medical information to create orders for DME products such as knee, back, and wrist braces. These orders were then provided to telemedicine practitioners for signature – often without a valid telehealth communication. In essence, there was no attempt at having a practitioner exercise independent judgment as to the medical necessity of these DME products. Instead, these practitioners were paid for their signatures on the pre-filled order forms as part of the “scheme of greed.” From January 2018 to 2019, this scheme of greed resulted in approximately $12 million in payment to Truglia and his co-conspirators.Continue reading