2008

HIOs and Regional Health Information Networks (RHINs) are being created to facilitate the exchange of information among providers. HIOs and RHINs are typically not statutorily governed by HIPAA, other than perhaps as Business Associates. The HHS guidance, issued in conjunction with The Nationwide Privacy and Security Framework for Electronic Exchange of Individually Identifiable Health Information, covers

OIG issues another in a string of gainsharing opinions involving hospitals and groups of cardiologists and radiologists. This and the solicitation by HHS of comments on shared savings exceptions and safe harbors confirm HHS’s intent to continue to encourage legitimate cost savings and incentive programs.

Link: http://www.oig.hhs.gov/fraud/docs/advisorgopinions/2008/AdvOpn08-21.2.pdf.

 

A Colorado state appeals court concluded breach of due process provisions of the Health Care Quality Immunity Act (HCQIA) precluded immunity for St. Mary’s Hospital and MedicalCenter, even though the medical staff bylaws might not have required notice and a fair hearing for revocation of provisional clinical privileges.

The hospital’s medical staff bylaws

The United States District Court for the Northern District of Oklahoma has required Ardent Health Services to produce unredacted documents relating to the files of identified peer review physicians who practiced at the hospitals in order to examine whether the plaintiff’s peer review situation was handled differently than other physicians within the hospital. 

The Court

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