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Risk Management - 08/15/2024

Practice e-Tips on Risk Management

Court Sides With Medical Examiner in Suit Over Autopsy - 08/09/2024

With the Texas Medical Association’s help, a Harris County medical examiner has won the latest battle in a lawsuit over an autopsy he performed following a woman’s 2007 shooting death.

TMA Wins Appeal Upholding Its Challenge to Skewed Federal Surprise Billing Rule - 08/05/2024

A federal appeals court handed a victory to medicine affirming the district court’s decision to strike down federal provisions that run counter to Congress' intent for implementing a key piece of the No Surprises Act: to operate an arbitration process that does not skew dispute resolutions and unfairly advantage health plans. Read more.

High Court Decision in Nondisclosure Case A Win For Medicine - 07/31/2024

The Texas Supreme Court sided with the Texas Medical Association in a nondisclosure case that TMA warned would have significant, troubling implications had it gone the wrong way.

More Work Needed to Protect Texas Physicians - 06/28/2024

Following the Texas Medical Board’s newly adopted rules on abortion ban exceptions, the Texas Medical Association continues its advocacy for physicians performing abortions to treat a medical emergency under the state’s overlapping abortion laws.

Physicians Can Delegate Breach Notifications to Change Healthcare Following Cyberattack - 06/26/2024

The U.S. Department of Health and Human Services’ Office of Civil Rights announced  May 31 that covered entities – such as health plans, health care clearinghouses, and physicians – affected by privacy breaches stemming from the February cyberattack on Change Healthcare and its parent corporation UnitedHealth Group may delegate breach notifications to both companies.

FTC Mandates Vendors Notify Patients of Breaches in Health Information - 06/24/2024

The Federal Trade Commission has amended its Health Breach Notification Rule to require vendors of personal health records and related entities not covered by HIPAA to notify individuals, the FTC, and, at times, the media, when a breach in protected health information occurs. The change will take effect July 29.

TMB Proposed Rules on Abortion Ban Exceptions Invite TMA Opposition - 05/14/2024

The Texas Medical Board (TMB) recently released proposed rules intended to clarify exceptions to the state’s overlapping abortion laws. But TMA argues the proposal could exacerbate physician confusion, administrative burden on practices, and patient care delays. Read more.

Seeking Balance: TMA Opposes Feds' Implementation of the No Surprises Act - 04/09/2024

The Texas Medical Association supported the patient protections in the federal No Surprises Act but also knew from the beginning that the law's payment arbitration provisions were flawed and could give insurers an advantage.

RICO Settlements: TMA's Leadership Against Payer Abuses Resulted in Relief, Reform - 04/09/2024

Back in 2001, the Texas Medical Association and the other plaintiffs alleged the nation’s major health plans had conspired to delay and reduce payments to clinicians and hospitals; the resulting lawsuits, brought under the federal Racketeer Influenced and Corrupt Organizations Act (RICO), represented a watershed moment in TMA history.

HIPAA and Medical Power of Attorney - 03/20/2024

Does the HIPAA Privacy Rule change the way in which a person can grant another person medical power of attorney?

Exceptional Circumstances: TMA Advocates “Legislative Clarity” Amid State Abortion Bans - 03/05/2024

TMA advocates “legislative clarity” amid state abortion bans.

Stop Paying to Get Paid - 02/28/2024

Did you know you don’t have to accept health plan payment via virtual credit card? You have a right to request direct deposit.

Feds Update HIPAA Security Risk Assessment Tool - 11/01/2023

To aid small- and medium-sized practices in complying with the HIPAA Security Rule, federal officials have updated their risk assessment tool designed to help practices identify areas where electronic  protected health information (ePHI) is at risk.

TMA Wins Two More Surprise Billing Lawsuits; CMS Suspends Arbitrations - 10/03/2023

Marking a fourth victory for the Texas Medical Association in as many lawsuits, a court on Aug. 24 struck down a large portion of the regulations setting forth a methodology insurers use to calculate the qualifying payment amount, or QPA, used in surprise-billing disputes – part of a series of federal rules TMA has long argued skew the arbitration process in insurers’ favor.

Noncompete Concerns Spark Ongoing TMA Advocacy, Resources - 09/19/2023

The Texas Medical Association continues to receive reports of physician concerns over noncompete agreements, underscoring medicine’s ongoing legislative and regulatory advocacy efforts to strike a balance that works for physician employers and employed physicians alike.

New Texas Law Shortens Data Breach Notification Period - 08/21/2023

Texas physician practices and other health care facilities soon will be required to give more timely and public notice of any breaches of computerized data, including electronic health records and billing information.

HIPAA Security Rule: Move It to Top of Mind - 08/07/2023

Problems with HIPAA Security Rule safeguards, both administrative and technical, continue to fall among the top five HIPAA security issues the U.S. Department of Health and Human Services identifies each year.

Security Risk Analysis for HIPAA — and Medicare/Medicaid? - 08/07/2023

Do you need to conduct a security risk analysis or review of your practice in the next 72 days?

Your Photocopier May Be a Security Risk - 08/07/2023

Don’t let this happen to you! A health plan paid a huge fine after it returned leased copiers that held protected health information.

Practice E-Tips on Legal Topics - 07/20/2023

TMA Practice E-Tips on Legal Topics

Fighting Back: Practice Wins Court Battle Over Defamatory Online Reviews - 06/20/2023

One practice’s recent legal battle epitomizes physicians’ worst nightmares when it comes to online reviews. Here’s an extreme but glaring real world example, straight from the documents in a lawsuit that Austin Eye first filed in October 2017 over

TMA Asks AMA to Stay Out of Affordable Care Act Suit - 05/02/2023

Leaders of the Texas Medical Association on Tuesday publicly objected to the American Medical Association’s plans to get involved in a high-profile federal lawsuit — filed in Texas — challenging the constitutionality of the Affordable Care Act.

TMA Analyzes FTC Proposed Ban on Noncompetes - 03/09/2023

The interplay between federal and state efforts to ban noncompete agreements remains unclear as Texas Medical Association experts analyze a proposed Federal Trade Commission (FTC) rule on the matter.

Graphic Warnings on Cigarette Packs Face Ongoing Legal Challenge - 09/09/2022

A court order – once again – has upheld enforcement of the Food and Drug Administration’s rule that cigarette packs must contain more colorful and graphic health warnings. The new deadline for implementing the rule, per the court order, is Oct. 6, 2023.