Health Law Monitor

WV Supreme Court Dismisses Medical Professional Liability Claim Where Patient Left AMA

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…

Dental Practice Social Media Post Results in Fine by Regulators

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,…

West Virginia Legislature Clarifies 1% Assessment Pursuant to W. Va. Code § 29-12D-1a

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…

ONC Report on Policy Gaps for Privacy and Security of mHealth Data

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…

Recent Guidance on Ransomware, HIPAA, and Cyber Incident Reporting

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…

Fourth Circuit - CGL Insurance Covers Health Data Breach Suit

April 13, 2016

The Fourth Circuit Court of Appeals upheld a Virginia district court’s ruling that a commercial general liability policy (“CGL”) may cover a data breach. The case involved an electronic data storage company that posted confidential medical records on the internet, which exposed private medical information on the internet for four months.

While courts in Connecticut and New York have recently found…

West Virginia Supreme Court Clarifies Statutory Peer Review Privilege

February 17, 2016

On February 9, 2016, the West Virginia Supreme Court (“Supreme Court”) decided State ex rel. Wheeling Hospital, Inc. v. Wilson, No. 15-0558 (W. Va. February 9, 2016), which took up the issue of the Peer Review Privilege codified at W. Va. Code § 30-3C-1 et seq.  In clarifying the meaning of the language contained in West Virginia’s Peer Review Statute, the Supreme Court recognized “an urgent need…

Kentucky Insurer Placed Into Rehabilitation

November 3, 2015

Struggling insurance cooperative Kentucky Health Cooperative was placed into rehabilitation by the Department of Insurance late last week.  KYHC had already announced that it was ceasing operations and would not be writing any new business after end of year.  Now, the Department of Insurance will take over the company and oversee the winding up of KYHC’s affairs.

Rehabilitation is a…

EPA Proposes New Rule Governing The Disposal Of Hazardous Waste Pharmaceuticals At Healthcare Facilities

September 29, 2015

Introduction

On September 25, 2015, the United States Environmental Protection Agency (“EPA”) proposed a rule to address the management and disposal of hazardous waste pharmaceuticals at healthcare facilities. The proposed rule seeks to do the following:

• Ban all drain disposal of hazardous waste pharmaceuticals at hospitals, pharmacies, clinics, dentists, and long-term care facilities
• Clarify that…

IRS Releases Guidance For Charitable Hospital Organizations and ACA-Mandated Financial Assistance Policies

July 1, 2015

This month, the IRS released Notice 2015-46, which provides further guidance for charitable hospitals to comply with Treasury Regulation (“Treas. Reg.”) § 1.501(r)-4(b)(1)(iii)(F), which requires that a hospital facility include a provider list in its financial assistance policy (“FAP”) in order to maintain its tax-exempt status. Section 501(r)(1) of the Internal Revenue Code provides that a…

SCOTUS Rules In Favor Of ACA

June 25, 2015

In the landmark case of King v. Burwell, the United States Supreme Court has upheld the ability of federally-run insurance exchanges to offer federal subsidy monies to Americans seeking health coverage under the Affordable Care Act. The vote was 6-3, with Justices Alito, Scalia, and Thomas dissenting. Justice Kennedy joined Chief Justice Roberts and the majority from the National Federation of…

Ex-Parte Contacts with Treating Physicians in Kentucky

June 24, 2015

The Kentucky Supreme Court rendered an opinion on June 11, 2015, establishing the law in Kentucky on ex parte communications with a party’s non-expert treating physician, i.e. interviewing the Plaintiff’s treating physicians in advance of a deposition.  In Caldwell v. Hon. A.C. McKay Chauvin, the plaintiff in an underlying medical negligence action sought a writ from the Kentucky…