Author archive: ltcdefense

Dermatology Practice Settles Potential HIPAA Violations

Adult & Pediatric Dermatology, P.C., of Concord, Mass., (APDerm) has agreed to settle potential violations of the Health Insurance Portability and Accountability Act of 1996 (HIPAA) Privacy,  Security, and Breach Notification Rules with the Department of Health and Human Services, agreeing to a $150,000 payment. APDerm will also be required to implement a corrective action…

The Power of Metadata

In an era where long-term care facilities are increasingly implementing the use of electronic medical records, facilities need to be aware of the issues that might come into play during litigation. Unlike paper charting, electronic medical records contain metadata.  Metadata identifies the individual who accesses a patient’s medical chart and tracks the dates and times…

One delay, two delay for the Affordable Care Act!

First, the administration delayed the implementation of the employer mandate until January 1, 2015.  That means large employers will not be responsible for shared responsibility payments/penalties, if applicable, until 2015. Second, on October 24, 2013, the Obama Administration confirmed that “it will give Americans who buy health insurance through new online marketplaces an extra six…

Missouri Legislative Update

Last December Missouri House Representative Bill White introduced HB 100, titled the Adult Health Care Consent Act.  This bill attempts to specify the order of priority of persons entitled to make health care decisions for an individual who has been certified as physically and cognitively unable to consent to his or her own health care….

Know Your Responsibilities Under Illinois’ Personnel Record Review Act Before Producing an Employee Personnel File

The State of Illinois has very specific requirements that apply to disclosure of employee personnel records. The requirements are codified in the Illinois Compiled Statutes as the Personnel Record Review Act, 820 ILCS 40/1 et seq. The Act addresses an entity’s response to requests for records from health care and other regulatory agencies, as well…

Missouri Physicians Lobby to Restore Cap on Non-Economic Damages

As reported by Missouri Lawyers Weekly, “a parade of lab-coated doctors” appeared before the Missouri State Senate and House of Representatives in early February 2013 to argue that the recent Missouri Supreme Court decision in Watts v. Cox Medical Center will reverse years of declining malpractice insurance rates.  In Watts, the Court held in a…

Update on Settlement Law in Illinois

Both Chambers of the Illinois legislature recently passed Senate Bill 1912 (Raoul, D-Chicago; Sims, D-Chicago) and transmitted the proposed law to the Governor, who has 60 days to take action. The proposed law would create strict requirements and harsh penalties for the failure of a settling party to timely effectuate settlement payment. The Bill would…

Welcome to the LTC Defense Blog

Sandberg Phoenix & von Gontard is pleased to announce the Long-term Care Team comprised of Associates and Shareholders from the Health Law Practice Group. The team focuses its practice on the defense of health care providers in the long-term care industry including Skilled Nursing Facilities, Assisted Living Facilities, Residential Care Facilities, Group Homes, Intermediate Care…


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