Posts Tagged ‘HIPAA’

Crime and punishment roundup

  • Sorry, Denver cops, but you can’t keep a journalist from photographing an arrest on the street by telling her she’s violating the health-privacy law HIPAA [Alex Burness, Colorado Independent on handcuffing of editor Susan Greene]
  • Conor Friedersdorf interviews Scott Greenfield, criminal defense blogger and longtime friend of this blog, at the Atlantic;
  • Claim in new article: “extremely broad criminal statutes, no less than vague and ambiguous criminal statutes, are constitutionally problematic for depriving ordinary people of ‘fair notice’ about how the legal system actually works” [Kiel Brennan-Marquez guest series at Volokh Conspiracy: first, second, third]
  • “We Cannot Avoid the Ugly Tradeoffs of Bail Reform” [Alex Tabarrok; Scott Greenfield] New York should learn from Maryland on risks of unintended consequences [New York Post, and thanks for mention] And a Cato Daily Podcast on bail reform with Daniel Dew of the Buckeye Institute and Caleb Brown;
  • In Little Rock and elsewhere, police use of criminal informants creates disturbing incentives that can challenge both probity and accountability [Jonathan Blanks, Cato on Radley Balko account of Roderick Talley raid episode]
  • Call to scrap juries in UK rape trials (because they acquit too often) is met with criticism [Matthew Scott, Spectator]

Medical roundup

Lawsuit recruiters lure women into unneeded surgery

New York Times deep dive into the ethical morass of pelvic-mesh-suit recruitment, in which lawsuit shops recruit women into often unnecessary and sometimes dangerous surgery to remove implanted material, a step needed for claims to be lucrative. [Matthew Goldstein and Jessica Silver-Greenberg, New York Times] Opening paragraphs:

Jerri Plummer was at home in Arkansas, watching television with her three children, when a stranger called to warn that her life was in danger.

The caller identified herself only as Yolanda. She told Ms. Plummer that the vaginal mesh implant supporting her bladder was defective and needed to be removed. If Ms. Plummer didn’t act quickly, the caller urged, she might die.

And how, in the age of HIPAA, did the recruiter on the phone come to know so very much about the medical history of the woman being pitched? What follows is a story of conduct that is shocking, appalling, unethical — but neither surprising nor unusual to those of us who have been writing about the abuses of the litigation business for many years. Plaintiffs suing over back pain after accidents, for example, are regularly steered into unnecessary back surgery, and plaintiffs in the breast-implant litigation were steered into removal surgeries for which the only indications were legal, not medical. These alas are the incentives of injury litigation: run up the medicals (the higher the bill for testing and therapy, the higher the claim value) and if you’re suing over a drug or therapy itself, maybe disengage from it to show your fears are genuine.

All that said, congratulations to the Times and reporters Goldstein and Silver-Greenberg for an investigation that shines a bright light on the need for reform. More: Beck.

Medical roundup

  • Burdensome though it is in other ways, HIPAA does not create a private right of action, so no big-ticket damage suits. Connecticut high court rides to rescue by creating new tort for breach of medical confidentiality [Steven Boranian, Drug and Device Law]
  • Details of cases aside, once again, should federal law really be requiring healthcare employers to grant religious exemptions to staff unwilling to undergo flu vaccination? [Department of Justice press release on suit against Ozaukee County, Wisconsin; earlier on EEOC settlement against North Carolina hospital]
  • First Amendment should come into play when FDA bans drug providers from making truthful statements about their therapies [Henry Miller and Gregory Conko, Reason] And a Cato panel discussion on FDA regulation of speech with former Vascular Solutions CEO Howard Root (author of “Cardiac Arrest”), Christina Sandefur of the Goldwater Institute, and Jessica Flanigan of the University of Richmond, moderated by Cato’s Michael Cannon;
  • “Uberizing Nonemergency Medical Transportation” [Ann Marie Marciarille, Prawfsblawg]
  • “Protecting Reasonable Physician Choice in Medical Product Cases” [Luther Munford, Drug and Device Law]
  • Britain’s National Health Service lurches toward crisis in negligence payouts [BBC, Paul Goldsmith, Centre for Policy Studies]

Privacy a casualty in war on opioids

Law enforcement officials in some states are seeking warrantless access to prescription databases. A New Jersey bill “would require officials to ‘certify’ that they are engaged in a specific investigation,” seeking to calm fears that enforcers will begin trawling data for people to investigate. Rhode Island Gov. Gina Raimondo has already signed a similar bill. “In California, the Supreme Court ruled recently that the state Medical Board can dig through prescription drug records without a warrant or subpoena.” [Associated Press via Scott Shackford, Reason]

“No, Your Medical Records Are Not Private”

HIPAA or no HIPAA, a variety of government agencies might get a look at your personal medical records. “HIPAA allows federal bureaucrats to get patient records merely by issuing administrative subpoenas, or civil investigative demands.” The records may also find their way into the hands of private lawyers, such as those representing qui tam relators under the False Claims Act. “‘Everybody’s got horror stories for what happens when the relators get into their stuff,’ said Jonathan Diesenhaus, a former DOJ senior trial lawyer who now represents health care companies as a partner with the Hogan Lovells law firm, to TheDCNF. ‘It becomes an avenue for abuse.'” [Kathryn Watson, Daily Caller]

Medical roundup

  • Surprised this story of interstate lawsuit exposure hasn’t had national coverage: “Texas docs threaten to stop seeing New Mexico patients” [Hobbs, N.M., News]
  • More on the Daraprim episode and the fiasco of FDA generic-drug regulation [Watchdog, earlier here and here] More: Ira Stoll/N.Y. Sun;
  • Warrants, HIPAA be damned: Drug Enforcement Administration agents pose as Texas medical board to get at patient records [Jon Cassidy/Watchdog, Tim Cushing/TechDirt via Radley Balko]
  • Litigation finance and champerty: the reaction is under way [MathBabe, earlier on pelvic and transvaginal mesh surgery speculation]
  • No longer alas a surprise to see JAMA Pediatrics running lame, politicized content on topics like “youth gun carrying” [Jacob Sullum]
  • “Shame, blame, and defame”: in alcohol regulation as in other public health fields, government-funded research can look a lot like advocacy [Edward Peter Stringham, The Hill]
  • More adventures in public health: study finds dry counties in Kentucky have bigger problems with methamphetamine [Christopher Ingraham, Washington Post “WonkBlog”]

Medical roundup

  • Med mal something of a regional problem: nearly half of payouts are in Northeast, with New York alone paying out more than the entire Midwest [New Jersey Civil Justice Institute on Diederich Healthcare analysis] “Neurosurgeons were 50% more likely to practice defensive medicine in high-risk states compared with low-risk states” [Smith et al., Neurosurgery via NJCJI]
  • New Paul Nolette book on state attorneys general Federalism On Trial includes history of suits led by New York’s Eliot Spitzer to redefine as “fraud” widely known drug-pricing practices that Congress had declined to ban or otherwise address. The resulting lucrative settlements also earmarked money to fund private critics of the pharmaceutical industry;
  • City of Chicago signs on to one of the trial bar’s big current recruitment campaigns, suits seeking recoupment of costs of dealing with prescription opioid abuse [Drug & Device Law; earlier here, here, here]
  • We here in Washington, D.C. take very seriously any violations of HIPAA, the health privacy law. Just kidding! If a union supporter pulls information from an employee medical database to help in an organizing drive, that might be overlooked [Jon Hyman on National Labor Relations Board administrative law judge decision in Rocky Mountain Eye Center]
  • “Preferred Care defendants respond to New Mexico Attorney General’s lawsuit, argue it was filed at urging of Cohen Milstein law firm” [Legal NewsLine]
  • Philadelphia police run warrant checks of hospital visitor lists, and as a result many persons with outstanding warrants avoid going to hospitals. So asserts sociologist Alice Goffman in her book On the Run, but the evidence is disputed [Sara Mayeux last August, Steven Lubet in review challenging the book more broadly on ethical and factual grounds, Goffman’s response]
  • Making contraceptive pill available over the counter without prescription should please supporters of birth control access, right? Funny you should ask [Elizabeth Nolan Brown, Reason, earlier]

Medical roundup

  • Mississippi community rallies behind 88 year old doctor investigated by licensure board for practicing from his car [AP]
  • Pennsylvania: “Kill deal between Attorney General’s office and law firm, nursing homes ask court” [Harrisburg Patriot-News; earlier on AG Kathleen Kane; related on law firm of Cohen Milstein, on which earlier]
  • Hazards of overwarning in the wired hospital: “2,507,822 unique alarms in one month in our ICUs, the overwhelming majority of them false.” [Robert Wachter, Medium]
  • JAMS arbitrator, a retired California Supreme Court judge, resists subpoena seeking explanation of settlement allocation decisions among Prempro clients of Girardi Keese [National Law Journal; see also from way back]
  • Reports of VA-scandal retaliation raise question: do all the HIPAA laws in the world protect us from persons in high places wishing to pry into our medical records with ill intent? [J. D. Tuccille, Reason]
  • New York Attorney General Eric Schneiderman charged that 79% of herbal supplements lacked appropriate DNA, but that claim itself turns out to be hard to substantiate [Bill Hammond, New York Daily News]
  • Nurses’ gallows humor defended against That’s-Not-Funny Brigade [Alexandra Robbins, Washington Post]