As violence increases across the country, so too have acts of violence against healthcare providers. Unfortunately, this is not a new trend; polls conducted in 2014 and 2020 revealed that 71% of physicians and 82% of nurses reported having been targets of violence at some point in their careers, and the U.S. Bureau of Labor Statistics estimated that healthcare and social service workers are 5 times as likely to suffer a workplace violence injury than workers overall. Since the beginning of the COVID pandemic, this epidemic of violence has continued to worsen. An August 2022 poll conducted by the American...
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...
“High-reliability” has been a buzzphrase in the healthcare industry for the last several years, but this safety movement is still gaining momentum. Many healthcare systems around the United States, including clinics, are taking steps to become high-reliability organizations. The high-reliability movement is largely based on safety principles developed in the nuclear and airline industries, where every employee is accountable for safety. These high-risk industries ingrain workplace safety into their culture primarily because, if an error occurs, the employee is likely to get injured – i.e., the pilot goes down with the plane. The stark difference in healthcare is that, if...
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...
Informed Refusal: What to do when patients cancel recommended treatments or procedures due to COVID-19 related concerns.
Physicians are often faced with situations where they believe a specific medical treatment or procedure is necessary or even lifesaving and yet the patient declines the service due to concerns of being exposed to COVID-19. Taking extra time to have a clear and candid conversation with the patient can make a significant difference. First, consider whether the patient was given adequate information and encouraged to ask questions about the treatment options. Assuring the patient is fully informed allows the patient to make the best decisions for their healthcare. Second, take efforts to explain what additional measures you have adapted to...