News & Analysis as of

Confidential Information Physicians

Nossaman LLP

Colorado’s Peer Review Privilege In Peril

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The confidentiality of medical staff peer review has long been a cornerstone of hospital operations, fostering an environment where physicians can candidly evaluate medical care without the looming specter of malpractice...more

Goodwin

Starting in April 2024, California Joins Growing Trend of Implementing Advance Review Processes for Healthcare Transactions

Goodwin on

With the passage of SB-184 (the “Bill”), California — like Maine, New York, and several other states — has addressed “pervasive” mergers and acquisitions across the healthcare industry by requiring prior notice to regulators...more

Maynard Nexsen

[Webinar] Offensive and Defensive Strategies for Protecting Your Company's Trade Secrets - May 27th, 12:00 pm - 1:00 pm EDT

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2021 Webinar Series: Life Sciences with Nexsen Pruet - Nexsen Pruet's newest webinar series is focusing on Life Sciences companies in the Carolinas. These webinars will focus on various legal and regulatory issues that...more

Fisher Phillips

Physician Non-Compete Agreements Present Challenges, Potential Controversy

Fisher Phillips on

When it comes to physician employment agreements, non-compete provisions can be controversial and tricky. The use of these agreements is nonetheless increasing and evolving as hospitals and other groups try to protect their...more

Epstein Becker & Green

Florida Law Limits Physician Restrictive Covenants in Rural Counties

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A recently passed Florida law, Florida Statutes 542.336 seeks to prevent medical providers from using restrictive covenants to monopolize medical specialties in rural counties. The law bars the enforcement of “restrictive...more

Fisher Phillips

Is Your Physician Pay Data A Trade Secret? Probably Not, Says Recent Court Decision

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When a Florida federal court recently rejected a hospital system’s attempt to keep its physician compensation data private, despite a claim that the information constituted a trade secret, healthcare employers across the...more

Sheppard Mullin Richter & Hampton LLP

Company’s Vendor Suffers Breach, No Business Associate Agreement, $500K OCR Settlement

A Florida staffing agency which provides physicians to hospitals and nursing homes, has agreed to a $500,000 settlement with the U.S. Department of Health and Human Services, Office for Civil Rights. The settlement comes...more

Tucker Arensberg, P.C.

Physician Performance Reviews: Protected Peer Review Information or Litigation Traps?

Tucker Arensberg, P.C. on

Peer Review Confidentiality will become much more complicated with the addition of economic evaluation to physicians’ quality and efficiency. Physicians will be surprised to learn that many “reviews” to which they may...more

BakerHostetler

Peer Review Privilege Limited by Pennsylvania Supreme Court Decision Has Implications for Healthcare Providers Nationwide

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On March 27, 2018, the Supreme Court of Pennsylvania issued a long-awaited 4-3 decision in which the majority limited the scope of Pennsylvania’s Peer Review Protection Act (PRPA), 63 P.S. §425. The court held that, in order...more

Pullman & Comley - Connecticut Health Law

CT Supreme Court: Patients Have Right to Sue Physicians for Unauthorized Disclosure of Confidential Medical Records

The Connecticut Supreme Court issued an opinion yesterday recognizing a common law duty of confidentiality arising from the physician-patient relationship and establishing a new private cause of action for breach of this...more

Jackson Lewis P.C.

Connecticut Supreme Court: Health Care Providers Can Be Sued For Unauthorized Disclosures Of Confidential Information

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Physician practices and other health care providers respond to numerous requests for confidential patient information from patients and others. Mistakes made by employees fulfilling such requests for medical records or making...more

Carlton Fields

Florida Supreme Court Says External Peer Review Reports are Discoverable Under Amendment 7

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On October 26, in Edwards v. Thomas, et al. (SC15-1893) the Florida Supreme Court held that external peer review reports are discoverable under Amendment 7. ...more

Jones Day

Japan Legal Update - Volume 28 | July 2017

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Labor - Japanese Supreme Court Decision on Overtime Payments to Doctors - In a court case in which a doctor employed by a health care corporation sought extra pay for overtime and late-night work (collectively, "overtime"),...more

Burr & Forman

A Physician is Leaving Your Practice – “Must Have” Employment Agreement Provisions (Part III)

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The following is the third installment of a three-part series discussing important provisions in physician employment agreements. When a physician leaves a medical practice, especially if the physician stays in the area to...more

Hogan Lovells

Health Company Fined by UK’s Information Commissioner Office

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Last week, the UK’s Information Commissioner’s Office (ICO) published a monetary penalty notice which fined a private healthcare company, HCA International, £200,000 for its failure to keep sensitive data secure....more

Burr & Forman

Physicians Must Be Cautious When Responding To A Subpoena or Request for Medical Records

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Doctors must educate themselves and particularly their staff on the legal obligations to protect the confidentiality of medical records and how to properly respond to subpoenas and requests for patients’ health information....more

Obermayer Rebmann Maxwell & Hippel LLP

Ask the Health Law Gurus™: What is a Non-Compete Clause in an Employment Contract? Is it Enforceable?

Question: I have heard about non-compete clauses being negotiated in employment agreements with physicians. What is a non-compete clause? What does it mean if my contract has a non-compete clause?...more

Ogletree, Deakins, Nash, Smoak & Stewart,...

Rhode Island Trial Court Decision Could Spell Trouble for Employers Seeking to Enforce Restrictive Covenants Against Healthcare...

One of an employer’s first steps in a suit against a former employee to enforce a restrictive covenant is to seek a preliminary injunction to prevent the employee from continuing to violate his or her contractual obligations....more

Hinshaw & Culbertson LLP

Credentials Materials Are Not Privileged Under the Health Care Professional Credentials Data Collection Act

The Illinois Supreme Court recently held in Klaine v. Southern Illinois Hospital Services, 2016 IL. 118217 that a physician’s application for hospital privileges, which included information obtained from the National...more

Foley & Lardner LLP

Recent Enforcement Shows the Importance of Encrypting Mobile Devices Containing Protected Health Information

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With headlines every day announcing another release of Protected Health Information (PHI), providers are asking themselves – is there a way to protect against these breaches? Beyond improving the security of large...more

Poyner Spruill LLP

The Health Law Guide to Hospital Operations

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This operations guide provides a brief look at health law issues hospitals deal with on a daily basis. While a detailed coverage of the elements, drafting, implementation and continued governance of a hospital compliance...more

Brooks Pierce

There's A Difference Between "Confidential And Proprietary Information" And A Trade Secret

Brooks Pierce on

I can't remember the last time that the Business Court granted a motion opposing the designation of a case as a mandatory complex business case. And since the Business Court Modernization Act went into effect in October...more

Faegre Drinker Biddle & Reath LLP

Peer Review Concludes with Termination of Reviewer

You read that correctly: the hospital fired the physician who did the reviewing in a medical staff peer review proceeding. Hospital executives present at the proceeding felt the reviewing physician was too harsh in...more

Fisher Phillips

Healthcare Update, No. 3, August 2013: Protect Your Key Information – And Your Key Relationships

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Decades ago, it was reasonable to imagine that one could work for the same company from the start of one’s career to the end. Think about the world portrayed in Mad Men. Don Draper has mostly worked with the same fictional...more

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