Protected Health Information in Mediation and Arbitration – Best Practices
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I just listened in on a conference call presentation on Protected Health Information (“PHI”) in mediation and arbitration. It covered best practices for dealing with the potential disclosure of confidential patient information inherent in many healthcare disputes while navigating the requirements of HIPAA and other laws…
Supreme Court Rejects State Bar Of Nursing Home Arbitration Clauses
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On February 21, the U.S. Supreme Court vacated a 2011 ruling by West Virginia\’s highest court that found all predispute arbitration clauses in nursing home admission agreements were void…
NJSBA Dispute Resolution Section to Host Program On Med-Mal Arbitration
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The next meeting of the New Jersey State Bar Association\’s Dispute Resolution Section will feature a program addressing the implications of two recent decisions of the Superior Court, Appellate…
New Jersey Court Green Lights Provider-Patient Arbitration Agreements
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In two rulings handed down over the last two weeks, the Appellate Division of the Superior Court of New Jersey removed any doubt that New Jersey healthcare providers can…
Arbitration Opt-Out Provisions Look Like Good Medicine
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Whether you believe healthcare providers should ask patients to sign pre-claim arbitration agreements, it is a practice that is growing among providers tiring of the burdens imposed by the…
Healthcare Self-Disclosure – “I’m Sorry” Revisited
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I just read an excellent article on the decision process for in-house corporate counsel considering self-disclosure of a regulatory infraction. Richard Marshall\’s piece in Corporate Counsel, aptly titled “Uuuhhh,…