DOES YOUR HOSPITAL PROPERLY CLEAN THE BED?
CALIFORNIA HEALTHCARE LAW
by Matt Kinley
1y ago
A NEW MALPRACTICE ISSUE FOR HOSPITALS? Columbia University researchers found being in a bed previously used by a patient with an infection ups your own risk of infection by 583% (SEE ABSTRACT, HERE: https://www.ncbi.nlm.nih.gov/pubmed/29486805), according to the current issue of Infection Control and Hospital Epidemiology. The researchers conclude that “enhanced cleaning measures” are needed. No kidding. Adequate cleaning is more vital now than ever, because germs are getting deadlier. On April 3, the Centers for Disease Control and Prevention announced that “nightmare bacteria” — causing infe ..read more
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CALIFORNIA HEALTH CARE LAW IN THE TOP 75
CALIFORNIA HEALTHCARE LAW
by Matt Kinley
1y ago
  Several years ago, this blog started as a way to inform physicians and other health care professionals about relevant health law issues.   Recently,  a blog reported that this blog is in the top 75 nationwide of all healthcare law blogs. Please take a look and give me your thoughts! Matt Kinley, Esq. Matt@kinleylawpractice.com ..read more
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DOCTORS AND THE SURROGATE MOTHER
CALIFORNIA HEALTHCARE LAW
by Matt Kinley
1y ago
How should physicians deal with contractually arranged pregnancies? Physicians, particularly obstetricians, dealing with surrogate pregnancies have unique legal and practical issues to face when dealing with the contractual obligations of the surrogate mother. Physicians are not lawyers and shouldn’t pretend to help the parties with the surrogate contract issues. However, they can help the parties understand the medical issues such contracts create. Treat Surrogate Mother and the Fetus According to the recommendations of a 2008 American Congress of Obstetricians and Gynecologists (ACOG) commit ..read more
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Matt Kinley speaks to Obstetricians About Surrogacy Law
CALIFORNIA HEALTHCARE LAW
by Matt Kinley
1y ago
Matt Kinley, founder Kinley Law Practice, and Health Care attorney,  speaks to obstetricians about surrogacy law. Informing physicians about dealing with surrogacy laws, attorney Kinley has developed a program to help obstetricians and other physicians to respond to concerns of surrogate parents and intended parents involved in surrogate contracts to deliver babies ..read more
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THE REQUIREMENTS FOR A VALID SURROGACY PARENTAGE CONTRACT IN CALIFORNIA
CALIFORNIA HEALTHCARE LAW
by Matt Kinley
1y ago
This is a two part series for physicians on some of the issues that arise with the medical treatment of surrogate mothers.  This first article deals with the surrogacy contract.  California Family Code Section 7962 provides: “The surrogate, her spouse, or partner is not a parent of, and has no parental rights or duties with respect to, the child or children.” Adding an additional layer to the twenty-first century notion of the family, several children are born not from their mother, but from a third party surrogate. In California, couples seeking children with some gen ..read more
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FORMERLY ILLICIT BUSINESSES COME INTO MAINSTREAM
CALIFORNIA HEALTHCARE LAW
by Matt Kinley
1y ago
Law Firm publishes “The Week in Weed” State ballot measures and state legislatures have slowly but steadily legalized the use of marijuana.   The specifics of the law have specific ramifications for people and businesses even if they never roll a joint. As one example, Federal law still prohibits the use and sale and marketing of marijuana.  Professionals advising employers, banks, and health care providers have unique issues in determining reactions to events.  For example, should a bank do business with an organization marketing and selling marijuana?  Can an ac ..read more
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HIRING THE HEALTH CARE LAWYER
CALIFORNIA HEALTHCARE LAW
by Matt Kinley
1y ago
MAKE SURE YOUR NOT GETTING RIPPED-OFF BY THE BIG LAW FIRM The Problem All businesses need to be careful with hiring and paying attorneys. American Express at Open Forum reports on the different ways that law firms take advantage of clients. Some examples: Including charges for corporate, estate planning and real estate forms that they have used multiple times and billed to multiple clients.  Being shuffled off to less experienced attorneys and paying for the “supervision” by the senior attorney; and, refusing to negotiate the billable hour and replacing it with things like flat fees or o ..read more
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California Health Record Privacy
CALIFORNIA HEALTHCARE LAW
by Matt Kinley
1y ago
  In California, the Confidentiality of Medical Information Act (“CMIA”) creates rights for patients in their own personal records. While most attention is given to federal law, especially HIPAA and HI-Tech, when trying to understand what to do medical records. California has created a strong statutory scheme to protect patients’ rights. Codified at Civil Code section 56.10, the Act provides that “No provider of health care provider, service plan or contractor shall disclose medical information regarding a patient of the provider of healthcare or an enrollee or subscriber of a health care ..read more
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KINLEY TO SPEAK ON “WHO OWNS PATIENT DATA”
CALIFORNIA HEALTHCARE LAW
by Matt Kinley
1y ago
R-HEALTH BY THE HEALTH MANAGEMENT INTEREST GROUP SEEKS TO EDUCATE ON THE DANGERS AND OPPORTUNITIES IN PATIENT DATA University of California, Riverside. HIPAA and the Hi-Tech regulations impose burdens on healthcare providers on how private health information can be utilized.  Given the potential penalties for missteps, this is an important topic for the healthcare industry to grasp.  Tickets are still available! As a recent Office of Civl Rights Report recently pointed out, 2016 was a record year for enforcement: “OCR has been on a tear, settling 11 cases in 2016 with resolution ..read more
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WHAT ABOUT A MANAGEMENT SERVICES ORGANIZATION?
CALIFORNIA HEALTHCARE LAW
by Matt Kinley
1y ago
AVOIDING THE PROHIBITION AGAINST NON-PHYSICIAN OWNERSHIP OF MEDICAL ORGANIZATIONS A management services organization (“MSO”) is an entity which would contract with a physician or a medical corporation owned and operated by physicians. The MSO could be owned by non-physicians.  The physician or medical corporation can pay the MSO for everything. Employees would work for the MSO; the MSO would pay for the lease.  The MSO would pay for all significant expenses and receive a fee for its services. The Corporate Practice Medicine Doctrine (CPOM) is strong in California. Unde ..read more
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