In a recent resolution agreement between Elite Dental Associates (“Elite”), a dental practice in Dallas, Texas, and the U.S. Department of Health and Human Services Office for Civil Rights (“OCR”), the OCR alleged that Elite impermissibly disclosed patients' protected health information (“PHI”) in its responses to patient reviews on the social media site Yelp. As part of its investigation,…
The Kentucky Supreme Court rendered an opinion on June 11, 2015, establishing the law in Kentucky on ex parte communications with a party’s non-expert treating physician, i.e. interviewing the Plaintiff’s treating physicians in advance of a deposition. In Caldwell v. Hon. A.C. McKay Chauvin, the plaintiff in an underlying medical negligence action sought a writ from the Kentucky…
On April 20, 2015, the U.S. Department of Health and Human Services Office of Inspector General (“OIG”), in collaboration with the American Health Lawyers Association (“AHLA”), the Association of Healthcare Internal Auditors (“AHIA”) and the Health Care Compliance Association (“HCCA”) released new compliance guidance for health care boards entitled “Practical Guidance for Health Care Governing…