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The Irresponsible “Responsible Person”

…a complaint shall have access to information about a complaint investigation involving a specific resident if written authorization is obtained from the resident, legal representative, or responsible party.” That’s it,…

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No Surprises Found By the Government Accountability Office: Sharing Personal Health Information Through Health Information Exchanges Improves Patient Care

…benefits of health information exchange while minimizing the potential risks. To read the GAO report, go to http://www.gao.gov/cgi-bin/getrpt?GAO-10-361, with highlights identified by the GAO at http://www.gao.gov/highlights/d10361high.pdf. Commonly Implemented Fair Information…

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HIPAA Breach Settles for $1M in First Settlement Involving State Attorneys General

…issues, including risk management plans, regulatory compliance, cloud computing implications, and breach obligations. Saad (@NC_Cyberlaw) may be reached at 919.783.1170 or sgul@poynerspruill.com. Mike may be reached at 919.783.2851 or mslipsky@poynerspruill.com….

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You Can “Just Say No” To Weapons At Your Facility

…your assisted living community or nursing facility. That means that you can develop, implement and enforce facility policies preventing residents from having guns or other weapons in the facility and…

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OBRA vs HIPAA

Reading Time: 3 minutes “I represent your resident and I want a copy of her medical records.” If you work in a nursing facility or assisted living community and you’ve…

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Other Health Care Reform Notes on Long Term Care

…submitted extensive comments on behalf of the North Carolina Healthcare Facilities Association, which made their way into AHCA's final comments to CMS. We'll keep you posted on the progress of…

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CMS Issues Draft Revised Survey and Enforcement Guidance On SNF Advance Directives Policies and Implementation

…either harm level 2, no actual harm with potential for more than minimal harm (levels D, E or F on the grid); actual harm that is no immediate jeopardy (levels…

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Money Talks, But Who’s Listening?

Reading Time: 4 minutes Money talks, and for hospitals and physicians this can become a real problem when negotiating a fair-market-value compensation arrangement. Hospitals and physicians negotiating compensation arrangements may…

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North Carolina’s Certificate of Need Statute Withstands Constitutional Challenge

…which comprises in part competing providers, along with representatives of health care provider organizations (including the N.C. Healthcare Facilities Association) and members of the public. It also alleged that the…

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Health Care Reform Update: Federal Agencies Have Issued 18 Regulations Implementing the Patient Protection and Affordable Care Act

…of “notice and public comment” before a rule can become final. That exception permits the issuance of final rules, with a post-effective-date public comment period, where “good cause” exists for…