Blogs

Summary of article from The HIPAA Journal, by Steve Adler:

Dr. Eithan Haim, a surgeon from Texas Children’s Hospital, has been indicted on four counts of violating the Health Insurance Portability and Accountability Act (HIPAA) by the Department of Justice. Dr. Haim allegedly leaked documents proving the hospital continued to provide gender-affirming care to minors, despite public claims to the contrary, following legal threats from Texas Governor Greg Abbott. The leaked documents, shared with reporter Christopher F. Rulo, indicated that treatments, including hormone-related therapies and implanted puberty blockers, were provided throughout 2022 and 2023. Dr. Haim, who admitted to being the whistleblower, is now facing prosecution, though he maintains that all sensitive patient information was redacted from the documents. This case follows a new law passed by the Texas Legislature banning gender-affirming interventions, which Texas Children’s Hospital has since complied with.

Summary of article from Troutman Pepper, by Brent Hoard, Emma Trivax, Erin Whaley:

The rapid expansion of telehealth introduces complex privacy and cybersecurity challenges, impacting financing or acquisition decisions in the health care sector. A strategic pre-diligence review is advised to identify potential risks and regulatory environment, including HIPAA, FTC’s Health Breach Notification Rule, state-specific privacy laws, and international privacy laws. The pre-diligence review should also include an examination of the target’s privacy policy, website, and data practices. This information should then inform a comprehensive due diligence process, including the development of a request list and a framework for organizing diligence issues. Finally, a plan should be put in place to address any identified compliance risks or business issues pre- and post-acquisition.

Summary of article from Healthcare IT News, by Andrea Fox:

The 2024 Deloitte Center for Health Solutions consumer survey reveals that while U.S. consumers are optimistic about generative artificial intelligence (genAI) in healthcare, their use has dropped slightly due to increased distrust in AI outputs. The report suggests that to overcome this distrust, healthcare organizations should align genAI with the values, expectations, and trust of patients. The survey shows that 66% of respondents believe genAI could reduce wait times and healthcare costs, but 30% do not trust the information provided by these tools. The report recommends that healthcare organizations engage clinicians as change agents, ensure transparency, and enlist community partners to advocate for the technology. Deloitte emphasizes the importance of governance in genAI implementation to ensure effective use, data quality, bias mitigation, and privacy protection.

Summary of article from Dermatology Advisor, by Colby Stong:

The American College of Physicians (ACP) has released a policy position paper detailing 10 recommendations for the use of artificial intelligence (AI) and machine learning in healthcare. The ACP emphasizes that AI should complement rather than replace physicians’ decision-making and should adhere to medical ethics principles. It advocates for transparency, privacy, and continuous improvement in AI applications, as well as accountability from AI developers. The ACP also suggests AI tools should reduce clinician burden and that all levels of medical education should include AI training. Lastly, the ACP calls for research into the environmental impact of AI.

Summary of article from Reuters, by Brendan Pierson:

Humana can proceed with its lawsuit against a Biden administration rule that enables Medicare to reclaim overcharges from insurers. The rule, established in January 2023, permits the government to recoup payments to Medicare Advantage plans when audits reveal charges for diagnoses not present in patients’ medical records. The Biden administration believes this could help recover around $4.7 billion over a decade. Humana argues the rule is “arbitrary and capricious,” with potential unforeseen consequences for Medicare Advantage organizations and beneficiaries. The judge rejected the administration’s request to dismiss the case, stating that the perceived risk of future harm was enough to establish standing.

Summary of article from The HIPAA Journal, by Steve Adler:

Senator Ron Wyden has called on the Department of Health and Human Services (HHS) to take immediate action against large healthcare companies to strengthen their cybersecurity practices. He has criticized HHS for its lack of regulation and oversight, particularly in light of recent cyberattacks on major healthcare organizations, such as Change Healthcare and Ascension. Wyden has recommended the development and enforcement of minimum cybersecurity standards for systematically important entities (SIEs), including resilience to cyberattacks and business continuity. He also suggested that the HHS should stress test SIEs and prioritize their audits. Moreover, he has urged HHS to provide technical assistance and guidance to smaller healthcare organizations through the Centers for Medicare & Medicaid Services (CMS)’s Quality Improvement Organizations and Medicare Learning Network programs.

Summary of article from Holland & Hart, by Kim Stanger:

The Health Insurance Portability and Accountability Act (HIPAA) applies to healthcare providers, healthcare clearinghouses, and health plans, enforcing rigorous privacy, security, and breach notification rules. Non-compliance can lead to severe civil and criminal penalties, with a tiered penalty structure based on the severity and nature of the violation. While there isn’t an explicit private cause of action for injured individuals under HIPAA, claims can be made under negligence or common law. To ensure compliance, entities should assign HIPAA responsibility, understand use and disclosure rules, implement and maintain written policies, execute appropriate business associate agreements, and stay updated with changes in regulations.

Summary of article from Community Impact, by Sarah Hernandez:

In 2022, the median turnover rate for registered nurses and licensed vocational nurses in long-term care facilities exceeded 50%, according to the Texas Center for Nursing Workforce Studies. This increase is attributed to exhaustion after the pandemic, with long-term care proving more demanding than acute hospital settings. Texas received the lowest ranking for nursing home conditions from advocacy group Families for Better Care. In response, new rules from the Centers for Medicare and Medicaid Services aim to improve care quality by mandating minimum staffing requirements. However, the Texas Center for Nursing Workforce Studies and industry professionals suggest this is unrealistic without strategies to improve staff retention and recruitment, such as pay increases and educational partnerships.