More rules, more risks for high-tech health care sites; recently released privacy standards and anti-referral regs increase liabilities for those operating E-health Web sites, links
Article Abstract:
Problems with the increasing use of the Internet by the health care industry are discussed, and can include violatiton of the privacy standards and the anti-referral regulations created under the Health Insurance Portability and Accountability Act. Web linking for clinical trials under these rules has not yet been tested in the courts.
Publication Name: The National Law Journal
Subject: Law
ISSN: 0162-7325
Year: 2001
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An HMO tale of Rashomon; courts have read a key health-care decision very differently in last year
Article Abstract:
Reasons for the opposite conclusions in medical malpractice cases citing the Pegram v. Herdrich which the Supreme court issued in 2000 are discussed. Confusion regarding what ERISA preemption does and does not cover may be the cause.
Publication Name: The National Law Journal
Subject: Law
ISSN: 0162-7325
Year: 2001
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Congress squares off over HMO liability; meanwhile, cases on appeal could erode ERISA ban
Article Abstract:
Congress will in 1999 again consider removing a bar to state lawsuits against health maintenance organizations for wrongful delay or denial of health care, a bar plaintiffs' lawyers have been trying to overcome. Democrats are likely to push hard for the bar, which stems from an ERISA preemption provision, to be lifted. This legislative battle comes as various courts have continued a trend, begun in 1995, of holding health plans responsible for malpractice when the claim relates to direct medical care rather than medical benefit administration.
Publication Name: The National Law Journal
Subject: Law
ISSN: 0162-7325
Year: 1999
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