Knowledge Library

New California Laws in 2022

A variety of subjects impacting physicians were signed into law by Governor Newsom in 2021. Following is a sampling of new laws you should be aware of; all are effective January 1, 2022 unless otherwise noted. A comprehensive report on new healthcare laws is available from the California Medical Association. Electronic Prescribing Mandate This law (passed by the California Legislature in 2018) requires that almost all prescriptions written in California be transmitted electronically. The California Medical Association has published a description of the law, including the types of prescriptions that are exempt from the mandate. Does electronic prescribing trigger HIPAA...

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Review of Bohn v. Providence Health Services Lawsuit

The Alaska Supreme Court recently interpreted a portion of the Alaska Healthcare Decision Act under Bohn v. Providence Health Services – Washington. While this is the first time the Court has interpreted the HCDA, its decision focused on a single provision of the statute, AS 13.52.080(a)(3). This provision grants immunity to health care providers declining to comply with a person’s health care decision so long as the provider “acts in good faith and in accordance with generally accepted health care standards” and so long as the refusal to comply is “based on a good faith belief that the person then...

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New Law Alert: California 2021

While coronavirus dominated much of the California legislative landscape in 2020, a number of bills on a variety of subjects impacting health care providers were signed into law by Governor Newsom. Following are a few new laws you should be aware of; all are effective January 1, 2021 unless otherwise noted.   Employee Notification of COVID-19 Exposure: AB 685 (Reyes) requires employers to provide written notification within 24 hours to their employees if they are potentially exposed, at the workplace, to a person who was infectious with COVID-19 or who was subject to a COVID-19 related quarantine order. The law...

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ONC Final Rule on Information Blocking

Beginning in April 2021, patients will have the right to directly access their electronic health information under a new federal requirement.  On May 1, 2020 the DHS Office of the National Coordinator for Health Information Technology (ONC) issued a Final Rule on Interoperability, Information Blocking, and the ONC Health IT Certification Program (part of the 21st Century Cures Act).  The law is also known informally as the “Open Charts law.” The Final Rule prohibits the practice of “information blocking,” which is defined as any practice which is likely to interfere with access, exchange, or use of electronic health information (EHI)...

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CRICO Strategies Publishes New Benchmarking Report

On February 12, 2019, CRICO Strategies, a division of Harvard’s Risk Management Foundation (see footnote below), released its annual benchmarking report entitled, “Medical Malpractice in America – a 10-Year Assessment with Insights.” The Report analyzes 124,000 medical professional liability cases from 2007 to 2016, representing 30% of the total MPL claims in the nation. As your professional liability carrier, MIEC is determined to bring insight and actionable data to our members to improve patient safety and reduce both the number and cost of medical professional liability (MPL) claims. CRICO Strategies’ output is one of the most definitive sources available for...

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