Skip to main content

HHS Seeks Public Comment on the HIPAA Privacy Rule

Earlier today the U.S. Department of Health and Human Services Office of Civil Rights (HHS OCR) issued a Request for Information (RFI) seeking public input on the HIPAA Privacy Rule. Specifically, HHS OCR is interested in how the HIPAA Privacy Rule could be modified to further Secretary Azar’s goal of promoting coordinated, value-based health care […]

| 2 min read
AS
Former Associate

Required Reporting of Privileged Information

Arizona physicians must report to the Medical Board “any information that appears to show that a doctor of medicine is or may be medically incompetent, is or may be guilty of unprofessional conduct or is or may be mentally or physically unable to safely engage in the practice of medicine.”   A.R.S. § 32-1451(A).  In fact, […]

| 3 min read
AS
Former Associate

Protecting Vulnerable Adults While Protecting Their Physicians – A Proposed Statutory Amendment

The Arizona Supreme Court’s recent decision in Delgado v. Manor Care of Tucson AZ, LLC, subjects health care providers to liability for ordinary negligence under the Adult Protective Services Act.  This decision therefore creates a potential new strategy for plaintiffs’ attorneys and subjects providers to more severe consequences than previously available in malpractice suits.  A […]

| 3 min read
AS
Former Associate

(Un)Protected Health Information Held for Ransom

Recent experiences of major health care companies offer a reminder of the importance of data security and following a well-written policy for compliance with the HIPAA Privacy Rule. Lithuanian police reported on Tuesday that a hacking group had illegally obtained and published over 25,000 private photos and personal data from a chain of European plastic […]

| 2 min read
AS
Former Associate

Is Your Arbitration Agreement Enforceable?

Health care providers may favor arbitration due to the perception that it is a faster, less expensive alternative to litigation. State and federal policy favors arbitration for the same reasons.  Because of the strong public policy favoring arbitration, doubts as to whether a case is subject to arbitration are resolved in favor of arbitration.[1]  (Arbitration […]

| 6 min read
AS
Former Associate