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30 Dec, 2014

It’s HIPAA time!

By |2018-04-23T23:57:55+00:00December 30th, 2014|Disciplinary Actions, HIPAA, Midwest Medical Legal Advisor, Risk Management|

I thought I'd spend the next few blogs discussing the joy that is HIPAA compliance.  Previously, I blogged about two NMC employees who had been fired after viewing the protected health information of Dr. Richard Sacra, one of the patients treated at the NMC for ebola.  The potential fines and penalties that come with a HIPAA violation likely played a large role in these firings. But let's start from the very [...]

23 Dec, 2014

Selfies are fun (unless you are performing surgery)!

By |2018-04-23T23:57:55+00:00December 23rd, 2014|Disciplinary Actions, Health Care Law, HIPAA, Medical Malpractice, Midwest Medical Legal Advisor|

Let's be honest.  Selfies are fun.  They are great ways of capturing the moment.  Like my daughter and I on the merry-go-round at FunPlex this summer.  Selfies can also get you in lots of trouble. I can honestly say I have  never had a doctor or other health care provider ask whether taking a selfie during surgery is a good idea.  It's not.  As some doctors in China recently discovered. [...]

23 Dec, 2014

Happy Holidays and My Gift to You

By |2018-04-23T23:55:12+00:00December 23rd, 2014|Construction Contractor Advisor, Insurance coverage|

I love this time of year.  Of course, work efficiency is down and that which does get done is hard fought, but I love the season of hope and joy. I hope that you and yours have a wonderful holiday season. I also wanted to get you something  I thought long and hard about what to get you. Reflecting on the year, I realized that insurance coverage was a popular [...]

19 Dec, 2014

Viptera Approved: China Ends Import Ban On 3 GMOs

By |2018-04-23T18:22:20+00:00December 19th, 2014|Biotechnology, Construction Contractor Advisor, Government Regulations, Midwest Agricultural Law|

China finally opens up to Viptera On December 17, 2014 China finally ended its import ban on Syngenta's Viptera corn and two varieties of GMO soybeans produced by DuPont Pioneer and Bayer Crop Sciences. The announcement is cause for great relief to the seed companies and U.S. grain exporters considering U.S. grain trading with China was shut down for all intents and purposes during the ban.  Secretary of [...]

17 Dec, 2014

Quickie Elections–NLRB Issues Final Rule

By |2018-04-23T23:55:12+00:00December 17th, 2014|Construction Contractor Advisor, NLRB|

On December 12, 2014, the NLRB announced that its final rules on the "Quickie" Election will be published on December 15, 2014, and will take effect April 15, 2015.  The most significant impact of the new rules will be to shorten the time from election for union representation from approximately 40 days to 10 to 14 days. The NLRB's press release stated that the rules are aimed at streamlining and [...]

16 Dec, 2014

Contracts for Doctors

By |2018-04-23T23:57:55+00:00December 16th, 2014|Health Care Law, Medical Malpractice, Midwest Medical Legal Advisor, Risk Management|

It is not unusual for a doctor to be asked to sign a contact governing his or her employment and/or ownership of a business as a doctor.  The issues to consider in reviewing these contracts are many: -          Med mal insurance -          Staffing (nurses, assistants, etc) -          Provision of medical equipment -          Billing -          Compensation structure -          Employee versus owner -          Non complete clauses -          Non solicitation clauses -          Scope of [...]

15 Dec, 2014

Kiewit-Turner Stops Work on VA Project—Now What?

By |2018-04-23T23:55:12+00:00December 15th, 2014|Breach of Contract, Construction Contractor Advisor, Government Contracting|

Stop! The Kiewit-Turner joint venture created to build the VA’s hospital near Denver stopped work on December 10 after the Civilian Board of Contract Appeals ruled that the VA breached the contract. Kiewit-Turner claims that the VA owes it over $100 million on the project. And, given the appeals board’s recent ruling entirely against the VA, the claim may get some traction. This project has been plagued with [...]

10 Dec, 2014

Black box to be used to record surgery?

By |2018-04-23T23:57:55+00:00December 10th, 2014|Health Care Law, HIPAA, Litigation Tips, Medical Malpractice, Midwest Medical Legal Advisor, Nebraska Hospital-Medical Liability Act, Risk Management|

Surgeons: how would you like every move of the surgeries you perform recorded with a “black box” type device?  Such a device would make a record of every movement during a surgery, and potentially, provide real-time feedback to identify mistakes.  Not only would it record the surgery itself, it could record every word uttered by the medical team during a surgery. The potential and hopeful benefits include improved results and reduced [...]

10 Dec, 2014

OSHA’s New Severe Injury and Fatality Reporting Requirements, Are You Ready?

By |2018-04-23T23:55:12+00:00December 10th, 2014|Construction Contractor Advisor, OSHA|

Last September, OSHA announced its final rules for reporting severe injuries and fatalities. The new rules take effect on January 1, 2015. Are you ready? OSHA The New Rule Requirements OSHA’s severe injury and fatality reporting requirements apply to all employers covered by OSHA, not just those with 10 or more employees. All employee work-related fatalities must be reported within 8 hours of the death. The previous rule [...]

8 Dec, 2014

That’s What I have Insurance For, Right?

By |2018-04-23T23:55:12+00:00December 8th, 2014|Construction Claims, Construction Contractor Advisor, Insurance coverage|

Construction Insurance Coverage Ah, the age old question, What does my insurance really cover?  A federal court in Georgia recently weighed in on this issue in Standard Contractors, Inc. v. National Trust Insurance Company, and ruled that a contractor’s commercial general liability insurer did not have to pay for damage caused by a subcontractor. Standard Contractors was hired to renovate the pool on an army base.  Standard hired [...]

2 Dec, 2014

Obama’s Immigration Efforts May Impact Your Company

By |2018-04-23T23:55:12+00:00December 2nd, 2014|Construction Contractor Advisor, Employee Eligibility|

Late last month, President Obama issued a number of Executive Orders on immigration policy. One main point of the President’s action grants work permits to millions of immigrants who were ineligible for lawful status. If one of your employee’s qualifies for this program, called Deferred Action, you may have to update employee I-9s. Deferred Action The executive order allows qualifying immigrants to remain in the U.S. It also allows individuals [...]