Julie Gallagher

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Florida Board of Medicine Clarifies That Common Cardiac Procedures Can Be Performed In Office Surgical Setting.

The Florida Board of Medicine recently amended its office surgery rules to clarify that many common cardiac procedures already being performed in office surgical settings around the state may, in fact, be performed legally in those settings. Rule 64B8-9.009, Fla. Admin. Code, sets forth the standard of care for office surgery. The rule previously defined office surgery, in part, as … Continue Reading

Physicians and Photography Don’t Mix

A gynecologist who secretly photographed and videotaped women’s bodies in the examining room will cost one of the world’s leading medical institutions $190 million.  In a damaging blow to its reputation, Johns Hopkins Hospital has agreed to a settlement with more than 8,000 patients of Dr. Nikita Levy, who wore a pen-like camera around his neck to secretly record videos … Continue Reading

Florida’s New Med-Mal Law is Pre-empted by HIPAA and is Voided by Federal Judge

A new part of Florida’s medical malpractice law has been voided by a federal judge on the grounds that it is pre-empted by HIPAA. The law, passed during the 2013 legislative session and effective only on July 1 2013, requires, as a pre-condition to filing a malpractice claim, an aggrieved patient to sign an authorization that allows the potential defendant … Continue Reading

HIPAA Pre-Empts Florida Law Governing Release of Nursing Home Records. Hospitals and other Providers Could Be Subject to Similar Ruling

Opis Management Resources, Inc., together with four other nursing home providers, requested the Federal Court nearly two years ago to determine if Florida’s §400.145, which provides broad and easy access to patient records of deceased nursing home residents, was preempted by HIPAA’s stricter access requirements. The federal trial court ruled in December 2011 that HIPAA preempted Florida’s less stringent … Continue Reading

Federal Hospital Violations Now Available on National Database

In a collaboration with the Association of Health Care Journalists (AHJC), the Centers for Medicare & Medicaid Services (CMS) has launched a national, searchable database that contains federal safety rule violations at approximately 1,000 hospitals across the country.  The data only includes violations found since January 2011, but it represents another step toward greater transparency in regulatory actions and affords … Continue Reading

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