March 17, 2020
The COVID-19 global pandemic caused the President of the United States to declare a national emergency. During this nationwide public health emergency, when clinical health care providers (“clinicians”) are in high demand and short supply, it is increasingly important for clinicians to seek innovative ways to help as many patients as possible. One of those ways is through telehealth. Telehealth…
March 16, 2020
The Emergency Medical Treatment and Active Labor Act (“EMTALA”) requires a hospital to properly screen and stabilize all patients that present to the emergency room for care.1 There is inherent tension between a hospital’s legal and ethical obligations and the realities of responding to a pandemic disaster. During the current COVID-19 pandemic, the significant surge the health care system is…
March 16, 2020
As the COVID-19 pandemic escalates in the United States, it appears that hackers are using the crisis as an opportunity to exploit victims. The United States Department of Health and Human Services was the victim of a cyber-attack that occurred on March 16, 2020.1 Additionally, in recent weeks, various businesses and consumers have reported an increase in COVID-19-related “phishing” attempts.2 …
March 13, 2020
By order of the Governor, Kentucky has suspended all civil dockets through April 10, 2020. Only limited emergency matters will be heard. Courtroom attendance will be limited to only necessary parties and courthouse access is subject to warnings regarding health and travel history.
March 13, 2020
On March 12, 2020, the Supreme Court of Appeals of West Virginia issues a “COVID-19 Planning Document.” Recognizing the “serious public health risk” presented by the coronavirus, or COVID-19, the Court provided guidance to “all court systems, court affiliates, and court personnel throughout West Virginia, and supplements general guidance issued by federal, state, and local health authorities.”…
March 12, 2020
Hospitals should anticipate coronavirus patients filling hospital beds from coast to coast based on projections for COVID-19 spread. Healthcare workers, and healthcare providers may become patients needing treatment for the virus resulting in possible shortages of staffing at hospitals, urgent care centers, and even nursing homes.
Hospitals should have policies in place related to the…
March 11, 2020
The Coronavirus (COVID-19) is spreading through the United States, and the CDC is forecasting continued infection. More and more people could develop symptoms and arrive at hospitals for help. So, what do we know about the standard of care for healthcare providers in these scenarios?
In most states, standard of care is defined by statute and is typically described as that level of care that a…
November 11, 2019
In Kruse v. Farid, Slip. Op. No. 18-0464 (W.Va. Nov. 8, 2019), the Supreme Court of Appeals of West Virginia affirmed summary judgment “finding that [the defendant physician] did not have a duty to provide follow-up medical care after Ms. Kruse left Raleigh General Hospital against medical advice (‘AMA’).”
After Dr. Farid performed a procedure which included the placement of stents that had to be…
October 16, 2019
In a recent resolution agreement between Elite Dental Associates (“Elite”), a dental practice in Dallas, Texas, and the U.S. Department of Health and Human Services Office for Civil Rights (“OCR”), the OCR alleged that Elite impermissibly disclosed patients' protected health information (“PHI”) in its responses to patient reviews on the social media site Yelp. As part of its investigation,…
May 21, 2018
Since W. Va. Code § 29-12D-1a went into effect on July 1, 2016, there has been disagreement among counsel as to which party is responsible for paying the 1% assessment when a medical malpractice case is settled prior to trial. According to W. Va. Code § 29-12D-1a(c)(3) (2016), “[f]or any assessment levied pursuant to this subsection on a settlement entered into by the parties, the date on which…
August 31, 2016
In July, the Office of the National Coordinator for Health Information Technology (“ONC”) released a report that examines the oversight of the privacy and security of health data collected by entities not regulated by the Health Insurance Portability and Accountability Act of 1996 (“HIPAA”). The report primarily focuses on two areas of emerging technologies provided by entities that are not…
August 3, 2016
The Department of Health and Human Services (HHS) recently released guidance for health care entities to better understand and respond to the increased threats of ransomware. The guidance was published on July 11, 2016, and provides clarification regarding the interplay of ransomware and HIPAA, specifically that (1) a ransomware attack is a “security incident” under HIPAA, and (2) a…
March 17, 2020
The COVID-19 global pandemic caused the President of the United States to declare a national emergency. During this nationwide public health emergency, when clinical health care providers (“clinicians”) are in high demand and short supply, it is increasingly important for clinicians to seek innovative ways to help as many patients as possible. One of those ways is through telehealth. Telehealth…
March 16, 2020
The Emergency Medical Treatment and Active Labor Act (“EMTALA”) requires a hospital to properly screen and stabilize all patients that present to the emergency room for care.1 There is inherent tension between a hospital’s legal and ethical obligations and the realities of responding to a pandemic disaster. During the current COVID-19 pandemic, the significant surge the health care system is…
March 16, 2020
As the COVID-19 pandemic escalates in the United States, it appears that hackers are using the crisis as an opportunity to exploit victims. The United States Department of Health and Human Services was the victim of a cyber-attack that occurred on March 16, 2020.1 Additionally, in recent weeks, various businesses and consumers have reported an increase in COVID-19-related “phishing” attempts.2 …
March 13, 2020
By order of the Governor, Kentucky has suspended all civil dockets through April 10, 2020. Only limited emergency matters will be heard. Courtroom attendance will be limited to only necessary parties and courthouse access is subject to warnings regarding health and travel history.
March 13, 2020
On March 12, 2020, the Supreme Court of Appeals of West Virginia issues a “COVID-19 Planning Document.” Recognizing the “serious public health risk” presented by the coronavirus, or COVID-19, the Court provided guidance to “all court systems, court affiliates, and court personnel throughout West Virginia, and supplements general guidance issued by federal, state, and local health authorities.”…
March 12, 2020
Hospitals should anticipate coronavirus patients filling hospital beds from coast to coast based on projections for COVID-19 spread. Healthcare workers, and healthcare providers may become patients needing treatment for the virus resulting in possible shortages of staffing at hospitals, urgent care centers, and even nursing homes.
Hospitals should have policies in place related to the…
March 11, 2020
The Coronavirus (COVID-19) is spreading through the United States, and the CDC is forecasting continued infection. More and more people could develop symptoms and arrive at hospitals for help. So, what do we know about the standard of care for healthcare providers in these scenarios?
In most states, standard of care is defined by statute and is typically described as that level of care that a…
November 11, 2019
In Kruse v. Farid, Slip. Op. No. 18-0464 (W.Va. Nov. 8, 2019), the Supreme Court of Appeals of West Virginia affirmed summary judgment “finding that [the defendant physician] did not have a duty to provide follow-up medical care after Ms. Kruse left Raleigh General Hospital against medical advice (‘AMA’).”
After Dr. Farid performed a procedure which included the placement of stents that had to be…
October 16, 2019
In a recent resolution agreement between Elite Dental Associates (“Elite”), a dental practice in Dallas, Texas, and the U.S. Department of Health and Human Services Office for Civil Rights (“OCR”), the OCR alleged that Elite impermissibly disclosed patients' protected health information (“PHI”) in its responses to patient reviews on the social media site Yelp. As part of its investigation,…
May 21, 2018
Since W. Va. Code § 29-12D-1a went into effect on July 1, 2016, there has been disagreement among counsel as to which party is responsible for paying the 1% assessment when a medical malpractice case is settled prior to trial. According to W. Va. Code § 29-12D-1a(c)(3) (2016), “[f]or any assessment levied pursuant to this subsection on a settlement entered into by the parties, the date on which…
August 31, 2016
In July, the Office of the National Coordinator for Health Information Technology (“ONC”) released a report that examines the oversight of the privacy and security of health data collected by entities not regulated by the Health Insurance Portability and Accountability Act of 1996 (“HIPAA”). The report primarily focuses on two areas of emerging technologies provided by entities that are not…
August 3, 2016
The Department of Health and Human Services (HHS) recently released guidance for health care entities to better understand and respond to the increased threats of ransomware. The guidance was published on July 11, 2016, and provides clarification regarding the interplay of ransomware and HIPAA, specifically that (1) a ransomware attack is a “security incident” under HIPAA, and (2) a…
