Flu Shots In The ED and EMTALA

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A new question came up today on whether Flu Shots in the Emergency Department trigger EMTALA. My “lawyeresque” answer is “No — except…” We actually have some guidance that appears relevant: The guideline for determining whether an area should be considered a “Dedicated Emergency Department” refers to the number of unscheduled presentations for emergency department … Read more

Active Shooter Programs For Healthcare

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Steve Wilder — one of the featured presenters in our webinars — has announced a new training series for healthcare. While I am not involved in Steve’s work, I am in a good position to evaluate it and recommend him and his team on this issue: Sorensen, Wilder & Associates (SWA) is excited to share … Read more

What Healthcare Functions Are Closed For Government Shutdown?

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CMS S&C: 14-02 Issued October 1, 2013 details the following functions that are “closed” and those that are to remain in operation during the current government “Shutdown”. NOT AFFECTED: CLIA survey and certification functions (provided through user fees) National background check programs (funded through separate appropriation process) CMS vendor contracts awarded prior to October 1, … Read more

Surprise “Near Miss” Should Be On Your Risk Radar

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Would it surprise you to know that another major meteor came close to striking the earth again this past weekend? So close, as a matter of fact, that it passed under the altitude of earth-orbiting geo-synchronous communications satellites.

The meteor was first detected by Russian systems just 9 hours out from Earth. There is no indication that the US systems detected the approaching object, and the US Space Command “space fence” system for tracking near-earth objects has been reportedly been shut down effective October 1 as part of the financial cut-backs in government operation.

The shutdown comes at a time when scientists are reporting an ever-increasing rate of meteor and comet activity near earth. At the same time, the Russian government is scaling up their capabilities after the December meteor explosion over Russia that injured more than 1500 people. Some skeptics suggest that the Russian effort could hide increased missile defense efforts in preparation for possible war in the Middle East.

Risk managers may need to add meteors to their list of exotic, but plausible risk scenarios.

Sept 30 Meteor Report – Click Here For Video

EMS /HEMS Use of Helipad Does Not Automatically Trigger EMTALA

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Question: When an ambulance meets a helicopter at our helipad, they are on our property, so doesn’t that automatically trigger EMTALA? Answer: No Question: Shouldn’t our doctor go out and do a rapid assessment? Answer: Hell, NO! (Unless help was requested) REPRINT OF PRIOR ARTICLE FROM OUR ARCHIVES: Medlaw.com E-Bulletin September 15, 2006 I am … Read more

FAQ: What is PHI or Protected Health Information?

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Protected health information is made up of directly identifiable elements specified by the HIPAA law. E-PHI (PHI in electronic format) is a subset of the HIPAA information. HIPAA regulates the release, sharing, or use of individually identifiable health information (considered PHI). “Individually identifiable health information” is information, including demographic data, that relates to: the individual’s … Read more

How Can You Comply When The Government Is Making AND Breaking The Rules?

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Lawyers, risk managers, and IT experts were struck this week the seemingly impossibility of complying with the law of privacy and security when the US government’s NSA and other countries are undermining or out-right sabotaging their efforts at every turn. In another disclosure that has left the highest levels of industry experts “gobsmacked”, Pro Publica.com … Read more