In Idaho, a competent patient generally has the right to consent to or refuse their own healthcare. By statute,
Any person who comprehends the need for, the nature of and the significant risks ordinarily inherent in any...more
Physicians, dentists, and other healthcare providers who run into problems with their state medical board or other licensing agency are often offered a stipulated resolution to avoid formal proceedings, additional costs, and...more
A good contract with an employed or contracted physician or other practitioner may help you avoid regulatory violations and future disputes. Here is a brief summary of some terms or issues that you should consider in your...more
More healthcare practitioners are using telehealth to render patient care or expand their practices. When telehealth crosses state borders, the practitioner must ensure that he or she is licensed in or otherwise authorized to...more
Medical Record Retention Guidelines for Wyoming
Clients frequently ask us how long they should retain medical records and related business records. The answer depends on various factors, including the type of record,...more
Medical Record Retention Guidelines for Utah
Clients frequently ask us how long they should retain medical records and related business records. The answer depends on various factors, including the type of record, applicable...more
Medical Record Retention Guidelines for Idaho
Clients frequently ask us how long they should retain medical records and related business records. The answer depends on various factors, including the type of record,...more
Failing to have HIPAA business associate agreements (“BAAs”) can result in significant penalties for healthcare providers and business associates. Last month, the OCR imposed a $500,000 settlement and robust corrective action...more
The Emergency Medical Treatment and Active Labor Act (“EMTALA”) generally requires hospitals to provide emergency care to patients who come to the hospital regardless of their ability to pay. Hospitals that violate EMTALA may...more
At this time of year, healthcare providers may want to give gifts to patients, referring providers, or other sources of business, but such gifts may violate federal and state fraud and abuse laws and result in civil or...more
Under the Health Information Privacy and Portability Act (HIPAA), “covered entities” (generally speaking health care providers and their business associates) must all complete a risk assessment to identify and mitigate...more
HIPAA privacy and security violations can result in fines of $110 to $55,100 to covered entities (including healthcare providers and health plans) and their business associates. (45 CFR 160.404). If the violation resulted...more
10/22/2018
/ Cyber Attacks ,
Cybersecurity ,
Department of Health and Human Services (HHS) ,
Electronic Medical Records ,
Hackers ,
Health Care Providers ,
Health Insurance Portability and Accountability Act (HIPAA) ,
HIPAA Breach ,
Notice Requirements ,
OCR ,
Personally Identifiable Information ,
PHI
There is a common misunderstanding that healthcare providers may not or should not produce medical records that were created by another healthcare provider.
Under HIPAA, patients have a right to access all records that a...more
Most Idaho healthcare providers are—or should be—aware of federal fraud and abuse laws, including the False Claims Act, Anti-Kickback Statute, Ethics in Patient Referrals Act (“Stark”), and the Civil Monetary Penalties Law,...more
It’s that time of year when many healthcare providers offer free or discounted sports or student physicals as a community service or marketing ploy. If you participate in such programs, make sure you consider the legal...more
8/9/2018
/ Anti-Kickback Statute ,
Contractual Safeguards ,
Electronic Medical Records ,
EMTALA ,
Health Care Providers ,
Health Insurance Portability and Accountability Act (HIPAA) ,
Medical Malpractice ,
OIG ,
Physicians ,
Standard of Care ,
Student Athletes ,
Students
The Ethics in Patient Referrals Act (“Stark”) prevents hospitals from paying employed or contracted physicians in the same way that physicians are or were paid by independent physician groups. Specifically, physician groups...more
7/10/2018
/ Centers for Medicare & Medicaid Services (CMS) ,
Health Care Providers ,
Hospitals ,
Joint Venture ,
Outpatient Services ,
Patient Referrals ,
Physicians ,
Remuneration ,
Safe Harbors ,
Self-Referral ,
Services ,
Stark Law
Healthcare providers, health plans and healthcare clearinghouses (“covered entities”) and business associates are subject to significant penalties for violations of the HIPAA Privacy, Security and Breach Notification Rules....more
3/12/2018
/ Breach Notification Rule ,
Breach of Contract ,
Business Associates ,
Civil Monetary Penalty ,
Corporate Misconduct ,
Covered Entities ,
Cybersecurity ,
Health Care Providers ,
Health Insurance Portability and Accountability Act (HIPAA) ,
HIPAA Omnibus Rule ,
Patient Privacy Rights ,
Physicians ,
Professional Liability ,
Subcontractors
In Idaho, persons under the age of 18 ("minors") may consent to their own healthcare in only limited circumstances. Treatment of a minor without proper consent may expose the practitioner to tort liability for lack of...more
3/7/2018
/ Abortion ,
Battery ,
Birth Control ,
Capacity ,
Consent ,
Emancipation ,
Exceptions ,
Health Care Providers ,
Health Insurance Portability and Accountability Act (HIPAA) ,
Informed Consent ,
Marital Status ,
Minor Children ,
Parental Consent ,
Pregnancy