Messner Reeves LLP knows that the risk of litigation is always a concern for healthcare organizations, as companies strive to nimbly adapt to changes in state, local and federal regulations across the industry as well as maintain stringent policies and guidelines protecting employees, patients and the company.
Non-compliance with rules of the Health Insurance Portability and Accountability Act (HIPAA) can result in significant financial penalties and reputational damage, as well as leaving organizations vulnerable to potential lawsuits by patients claiming negligence or focusing on non-compliance with state and federal laws.
Thus, it's imperative that healthcare companies adopt a few practical and proactive strategies for minimizing vulnerability to legal issues:
Stay on top of regulatory compliance:
Ensure your organization adheres to state and federal healthcare regulations on patient care, health and safety, data and patient privacy, and administrative and human resources. Regular security audits and risk assessments keep your organization ahead of any potential pitfalls in addition to giving you time to quickly address any shortcomings before they evolve into legal issues.
Create clear, comprehensive policies and procedures:
Ensure that employees, contractors and patients are well-informed of the processes and procedures that apply to them, as well as general company policies on employment practices, intellectual property, etc. Include a well-documented plan for responding to any legal issues that arise, and review those policies periodically for effectiveness and compliance.
Educate employees on potential legal issues and risk management:
Make sure all employees and contractors have a thorough understanding of HIPAA regulations and data and patient privacy protocols, explaining the risks to the company associated with non-compliance or security breaches.
Maintain stringent information and record-keeping:
A thorough information and record-management protocol can make all the difference when a legal issue arises. Establish tight protocols for document and information storage, and maintain records of all transactions, communications and activities. Organized documentation helps attorneys in the discovery process, and shows regulators proof of an organization's commitment to all compliance and HIPAA regulations, as well as to patient care and privacy.
Engage a strong legal team:
Working with experienced healthcare attorneys can help organizations develop the proper practices and precautions to have in place, as well as identify any potential exposures to risk. Messner Reeves LLP's award-winning, nationally acclaimed healthcare practice works with physicians, professional corporations and healthcare providers of general medicine, mental health, dental care, specialty services, ambulatory surgery, diagnostics and more. Our Las Vegas Healthcare Litigation Practice was recently recognized by Best Lawyers for the outstanding work we do.
The content of this article is intended to provide a general guide to the subject matter. Specialist advice should be sought about your specific circumstances.