October 2012

Contributed by Lee Kim, Esq.

412.594.3915

Yesterday, I attended the Western Pennsylvania 2012 Cybersecurity Conference.  It was a unique opportunity to learn about cyber-threats, including cyber-attacks and cyber-crime.  As a healthcare technology attorney, I asked the panelists about their thoughts on these issues as they pertain to the healthcare industry.  In response, I was told that

Contributed by Lee Kim, Esq.

412.594.3915

In a letter to the Senate Finance Committee, more than one-hundred physicians’ groups have urged the elimination of the Medicare sustainable growth rate (SGR) formula, asserting that the formula is an impediment to successful health care delivery and payment reforms that can improve the quality of patient care while

Contributed by Lee Kim, Esq., USPTO Reg. No. 53,125

412.594.3915

MMRGlobal is targeting the healthcare entities that have an electronic health record system with claims that its "foundational patents" limit the entities’ ability to communicate protected health information without potentially infringing its patents.  Through its outside counsel, it has begun sending 250 letters to entities

Sheikh v. Grant Regional Health Center is another case in a growing body of evidence that courts are granting less leeway and protection to hospitals which abuse the HCQIA immunity and reporting protections.

This is not a final decision awarding damages! It is only a decision by a Wisconsin federal district court rejecting the hospital’s motion

Contributed by Lee Kim, Esq.

412.594.3915

CMS has reported that it had 14 breaches of protected health information between September 23, 2009, and December 31, 2011. CMS notified the 13,775 Medicare beneficiaries affected by the breaches.  However, according to the Office of Inspector General of HHS (OIG), it did not meet several ARRA requirements.

Lee Kim, attorney in the health law practice group of Tucker Arensberg, P.C., was recently featured in a Pittsburgh Business Times article entitled, "Growing number of carriers offering companies cybersecurity insurance."

Link to the article: www.bizjournals.com/pittsburgh/print-edition/2012/10/05/growing-number-of-carriers-offering.html.

Michael A. Cassidy, JD, CHC, shareholder and director of Tucker Arensberg, P.C. and Chair of the Health Law Practice Group, was recently featured in a Pittsburgh Post-Gazette article entitled "Patients may suffer as doctors switch practices, health systems."

Link to the article: www.post-gazette.com/stories/business/news/patients-may-suffer-as-doctors-switch-practices-health-systems-654855/.