New Federal Standards for Privacy of Individual Health Information (Medicolegal Issues)

New Federal Standards for Privacy of Individual Health Information (Medicolegal Issues)

On December 20, 2000, President Clinton signed a regulation that established the first-ever federal privacy protections for personal health information. The regulation issued by President Clinton was the culmination of a process that dates from 1996. When the Health Insurance Portability and Accountability Act of 1996 (HIPAA) was enacted, both President Clinton and Congress discussed […]

Disclosure of Personal Information (Medicolegal Issues) (Law Overview)

Disclosure of Personal Information (Medicolegal Issues) (Law Overview)

It is well known that personal information, such as health care records, is privileged. As discussed last issue, the federal government has recently taken additional steps to ensure that the privileged nature of this information is maintained. Financial information is also guarded and maintained as personal and private. It is also well known that in […]

Getting Stiffed No Longer Needs to be a Cost of Doing Business: Texas Prompt Pay Provisions (Medicolegal Issues)

Getting Stiffed No Longer Needs to be a Cost of Doing Business: Texas Prompt Pay Provisions (Medicolegal Issues)

Despite the enactment of new “prompt pay” legislation in 2003, many health care providers still accept slow, low, or no reimbursement from a health maintenance organization (HMO) or preferred provider organizations (PPO) for their services. Some health care providers do so because they have been conditioned to accept this behavior as a cost of doing […]

The Edges of Physician Liability (Medicolegal Issues)

The Edges of Physician Liability (Medicolegal Issues)

The viability of any negligence claim, including a medical negligence claim, is predicated on the defendant’s duty to exercise reasonable care. In a medical negligence claim, this duty arises out of the physician-patient relationship. Two circumstances, however, test the limits of this duty: the conduct necessary to establish a physician-patient relationship and the potential liability […]