Knowledge Library

HIPAA Update: Omnibus Rule Finalized

The federal government has published its final regulations implementing the “Health Information Technology for Economic and Clinical Health (HITECH) Act,” which modified and expanded the existing HIPAA Privacy and Security Rules, and other statutes. An interim set of guidelines has been in place since 2010, and MIEC provided guidance at that time on complying with the interim rule; therefore, you may have already implemented many of the required changes (such as data-breach notification requirements) into your HIPAA policies and procedures. The following summarizes key points from the Interim and Final Rules, and includes action items for updating your HIPAA policies...

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From Underwriting: Liability Risks of Indemnification Clauses

By: Susan F. Halman, Esq. from Selvin, Wraith, Halman LLP in Oakland, CA An indemnification clause in a professional service agreement ("PSA") can create onerous and uninsured financial exposures when it requires the physician to assume liability for risks outside of their control. Before signing a PSA that contains an indemnification clause, it is important to understand the breadth of the parties' respective indemnity obligations, and the extent to which you will be assuming a duty to defend and indemnify third parties for liability exposures that are not insured by your MIEC policy. An indemnification clause operates to allocate legal...

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Exchange Sidebar: Risk Scoring Criteria and patient education

“I have been talking with my colleagues concerning use of risk scoring criteria (for example the APACHE scores in intensive care patients) and the development of risk criteria for pre-op surgical patients. Risk adjusted criteria for patient selection as well as patient education prior to going through procedures are vital considerations for MIEC’s surgical policyholders. We are going through an evaluation of infectious complications of joint replacements at my local medical center with a mix of various orthopedists in the community. Of note: There is significant variance in "quality of patient protoplasm" from doctor to doctor as well as variance in technique. As the infectious...

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Protecting patients and colleagues: When caring and your duty to report coincide

From MIEC’s Board of Governors: Protecting patients and colleagues: When caring and your duty to report coincide By: Gene Cleaver, MD, Chair, MIEC Loss Prevention Committee The AMA Code of Medical Ethics, Principles of Medical Ethics, Principle II states: “A physician shall uphold the standards of professionalism, be honest in all professional interactions, and strive to report physicians deficient in character or competence, or engaging in fraud or deception, to appropriate entities.” In addition, the AMA Council on Ethical and Judicial Affairs (CEJA) Opinion No. 9.031 states: “Physicians have an ethical obligation to report impaired, incompetent, and unethical colleagues in...

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FAQ: Medispas

MIEC’s Underwriting and Patient Safety & Risk Management Departments frequently receive questions from policyholders about cosmetic procedures, participation in Medispas, what procedures can be performed by staff, and more. The following are answers to FAQs that we hope will provide physicians with some useful information.   Q. Do I escape responsibility for patients if I, as a physician, simply sign up with a Medispa and lend my name on paper to the facility while receiving a monthly payment to do so? (California) No! According to the Medical Board of California (MBC), this type of arrangement is a violation of current...

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