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Health Care

Speak Now or Forever Hold Your Peace: HHS Proposes Modifications to the HIPAA Privacy Rule

On December 10, 2020 the U.S. Department of Health and Human Services, Office for Civil Rights (“HHS”) announced proposed modifications to the Health Insurance Portability and Accountability Act (“HIPAA”) Privacy Rule (45 CFR Parts 160 and 164). The proposed modifications are detailed in HHS’s…

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Animals Welcome? Legal Protections for Assistance Animals

“Our perfect companions never have fewer than four feet.” ~ Sidonie-Gabrielle Colette

Over time, dogs and other animals have played many roles in society that span beyond being comforting companions in our homes. Of these roles, arguably one of the most important is to provide services and support…

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COVID-19, Faith, and 'Technical Assistance' from OCR

Patients treating at hospitals during the ongoing public health emergency face a number of challenges with respect to access to on-site and virtual support from family and friends.  Compounding the stress, some hospitals have denied patients in-person access to members of their respective clergy in…

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Anesthesiologist's Business Card Given to Patient on Morning of Surgery Probably Won't Absolve Hospital of Liability

In the recent case of Jernagan v Indiana University Health a/k/a Indiana University Health ACO, Inc. a hospital clerk provided the patient with an anesthesiologist’s business card on the morning of his surgery. The Indiana Court of Appeals held that may not have provided reasonable notice of the…

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