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Patient Safety Hospitals

Holland & Hart LLP

Navigating Utah's Expanded Peer Review Privilege: A Roadmap for Healthcare Providers

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The term “peer review privilege” generally refers to a discovery and evidentiary privilege that can be asserted by hospitals and other healthcare entities to protect the confidentiality of credentialing, quality improvement,...more

Dentons

Ep. 69 – Providing Meaningful Access to Language Assistance

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In the latest episode of The Healthcare Compliance Pod, we unpack how to provide meaningful access to language assistance – a topic that’s not only legally relevant due to Section 1557 changes but vital to patient safety and...more

Nossaman LLP

Update: Colorado's Peer Review Privilege in Peril

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UPDATE: After two rounds of amendments in 2024 and legal challenges filed with the Colorado Supreme Court, proponents withdrew the ballot measure. For the moment, Colorado’s peer review protections remain in place....more

Carlton Fields

Tenth Circuit Interprets Excess Policy’s Definition of “Medical Incident” as Applying to the Injuries of One Single Person

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On May 2, 2025, the Tenth Circuit Court of Appeals issued an opinion in AdHealth Limited v. PorterCare Adventist Health Systems affirming the lower court’s summary judgment ruling that a hospital’s excess liability insurance...more

Arnall Golden Gregory LLP

Healthcare Authority Newsletter - March 2025 #3

News Briefs - Congress Extends Telehealth Flexibilities for Another Six Months - Pandemic-related telehealth flexibilities set to expire March 31 have recently been extended for another six months as federal lawmakers approve...more

Napoli Shkolnik

Maternal Deaths are Rising—and Maternity Wards are Closing Citing High Costs, Maternal Care is Increasingly Scarce in Rural...

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Seven million women of childbearing age currently reside in counties where there is no hospital-based obstetrics care, birthing center, OB-GYN, or certified nurse-midwife, The New York Times reported last month. Since 2015,...more

Napoli Shkolnik

In Staffing Push, Nurses Fight for Patients and Themselves

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In the years since enduring the front lines of the Covid pandemic, nurses have been increasingly vocal about the challenges they face in securing adequate working conditions—and the direct correlation between working...more

Holland & Hart LLP

CMS Updates EMTALA Signage for Hospitals

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On August 13, 2024, the Centers for Medicare and Medicaid Services (CMS) and its Center for Clinical Standards and Quality / Quality, Safety & Oversight Group issued its memorandum QSO-24-17-EMTALA (the “Memorandum”),...more

Marshall Dennehey

Legal Roundup - Pennsylvania

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Pennsylvania Superior Court holds that trial court correctly entered nonsuit on plaintiff’s corporate negligence claim for failing to show actual or constructive knowledge....more

Katten Muchin Rosenman LLP

11th Circuit Rejects 'Sole Purpose' Argument as Basis for Denying Privilege Protections Under Patient Safety Act

At long last, the "sole purpose" argument used by trial courts and plaintiffs' attorneys was soundly rejected in a recent decision issued by the 11th Circuit Court of Appeals, In Re: BayCare Medical Group, No. 23-12571, May...more

Robinson+Cole Health Law Diagnosis

Connecticut Governor Signs Bill Requiring Hospitals to Submit Reports on Policy Proposals Related to Emergency Department Crowding

On May 9, 2024, Connecticut Governor Ned Lamont signed into law Public Act No. 24-4, “An Act Concerning Emergency Department Crowding,” (The Act). The Act requires all Connecticut hospitals with an emergency department to, no...more

White and Williams LLP

The Devil is in the Details: PA Superior Court Continues to Narrowly Construe Scope of the MCARE Patient Safety Privilege

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Last Friday, in Lahr v. Lehigh Valley Hosp., the Superior Court of Pennsylvania issued an unpublished opinion once again narrowly interpreting the scope of the statutory privilege applicable to patient safety reports prepared...more

White and Williams LLP

Eroding Privileges: Pennsylvania Superior Court Narrowly Construes Scope of Mcare Patient Safety Reporting Privilege

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On Tuesday September 12, 2023, the Superior Court of Pennsylvania issued a published opinion interpreting, for the first time, the scope of the statutory privilege applicable to patient safety reports prepared under the...more

Baker Donelson

The Joint Commission Establishes Certification to Reflect Hospitals' Dedication to Equitable Care

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Effective July 1, 2023, The Joint Commission (TJC) is accepting applications from eligible hospitals and hospital systems for its Health Care Equity (HCE) Certification program. By way of background, TJC generally accredits...more

Seyfarth Shaw LLP

Texas Lawmakers Enact New Laws Reforming Texas Medical Board Disciplinary Authority and Increasing Hospital Reporting Obligations

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On June 13, 2023, Texas Governor Greg Abbott signed a major new patient safety bill into law that is intended both to reform the disciplinary authority of the Texas Medical Board (TMB) and to better protect patients from...more

Katten Muchin Rosenman LLP

In a Case of First Impression, a Connecticut Trial Court Rules That Investigation Materials Were Privileged Under the Patient...

On March 31, a Superior Court in Connecticut issued a decision in which a Hospital's motion for a protective order was granted on the basis that documents demanded by the plaintiff who was injured at the Hospital were...more

King & Spalding

OIG Issues Favorable Advisory Opinion on a Drug Manufacturer’s Provision to Hospitals of Trial Units of Antipsychotic Medication...

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On December 22, 2022, OIG issued a favorable advisory opinion concluding that it would not impose administrative sanctions on a pharmaceutical manufacturer for providing trial units of a certain antipsychotic drug (Drug) to...more

Patrick Malone & Associates P.C. | DC Injury...

Better Healthcare Newsletter - October 2022

Too many women in this country suffer serious health harms or even die during pregnancy and just after. Too many infants in this country suffer serious health harms or die in the first year after they are born. There is no...more

Katten Muchin Rosenman LLP

Trial Court Rules that Hospital's Safety Event Minutes Were Privileged Under PSQIA and State Law

Plaintiff in this case filed a lawsuit against a Wisconsin hospital resulting from an injury on hospital grounds. During discovery, plaintiff requested "all documents, communication or correspondence as it relates to...more

Katten Muchin Rosenman LLP

6 Best Practices for Designing and Implementing Patient Safety Evaluation System (PSES) Policies in Order to Maximize Privilege...

The federal Patient Safety and Quality Improvement Act of 2005 (PSQIA) established a voluntary reporting system for licensed health care facilities and professionals designed to "enhance the data available to assess and...more

Health Care Compliance Association (HCCA)

Report on Medicare Compliance Volume 31, Number 18. News Briefs: May 2022

Report on Medicare Compliance 31 no. 18 (May 16, 2022) - In a new report, the HHS Office of Inspector General (OIG) said 25% of Medicare beneficiaries experienced patient harm (adverse events and temporary harm events)...more

Akerman LLP - Health Law Rx

Florida Continues Pursuit of Improved Patient Safety

Florida is continuing its efforts to improve patient safety in hospitals and ambulatory surgical centers (ASCs).  The Florida Legislature previously approved a requirement that hospitals and ambulatory surgical centers (ASCs)...more

Cranfill Sumner LLP

North Carolina’s New “No Patient Left Alone Act” Mandates Patient Visitation Rights

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On Oct. 15, 2021, Governor Roy Cooper signed Senate Bill 191, “The No Patient Left Alone Act,” into law.  The law expressly provides that patient visitation rights in health care facilities will not be impacted during...more

Robinson+Cole Data Privacy + Security Insider

Hospital Continues to Divert Patients Over a Week After Ransomware Attack

Eskenazi Health in Indianapolis has been diverting emergency department patients arriving by ambulance to other area hospitals since it shut down its network following a ransomware attack on August 4, 2021....more

Patrick Malone & Associates P.C. | DC Injury...

State license boards warn doctors of consequences for sexual misbehavior

Although state licensing boards have taken more than their fair share of criticism for failing to discipline bad doctors as quickly and severely as circumstances merit, regulators appear to be trying to get ahead of a problem...more

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