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Can You Get Your PHI Back?

If you had concerns about your healthcare data in the hands of your vendors, what do your contracts say in regards to getting that data back?

A recent court case required a healthcare vendor to return data to the healthcare entity.

We can help you stay on top of the latest news that affects your everyday life. Subscribe to stay up to date. (To subscribe to our blog ).

CommonSpirit Health hired Emerge Clinical Solutions to process and archive protected health information in 2021.

However, CommonSpirit Health began experiencing issues with the data extracts and was unable to reach anyone at Emerge Clinical Solutions.

Healthcare entities need to ensure that their vendors are reliable and often, technology companies can change ownership, structuring and more very quickly.

Because of this, it is essential to learn from situations like the one CommonSpirit Health found itself in, and make sure your contracts offer as many protections as possible.

When entering a new relationship with a vendor that will have access to your protected health information (“PHI”), consider the following:

  1. What safeguards are they contractually required to have in place? Does your contract specify appropriate privacy and security protections? If not, you may want to revisit the contract and list out stronger requirements.
  2. How much access will they have to PHI and are you able to remotely terminate their access? The more access and control they have, the higher your standards should be for protecting your practice’s PHI.
  3. What do their audit logs look like? Can you see a sample audit log in advance? How often will they provide audit logs? You may want to consider what you would need from an audit and make sure they are able to provide your requests.
  4. Are they able to assign the contract to another entity? You should be aware of the assignment provisions in any contract you enter into and if they are able to assign, know what your rights are in regards to notice and termination.
  5. What recourse do you have if you have concerns? Are there remedies built into the contract? Are you able to get an injection? Know what your contract allows as far as Remedies.

When researching vendors, make sure that you are comfortable with the vendors, your contact personnel at the vendors, and your contract.

Make sure your business associate agreements are up to date with all vendors.

If you need help with your healthcare contracts, contact us today.

If you have questions or need help with your healthcare practice’s legal needs, contact Rickard & Associates today.

We know you’re busy. Subscribe to our blog to get updates and news sent directly to your inbox!

We publish vital information on health law topics and news every Wednesday and Friday. To get this important information delivered directly to your mailbox, subscribe today!

Do you need help updating your Business Associate Agreement or negotiating contracts with third-party vendors? We can help. To contact us about your Business Associate Agreement, your vendor contracts or your other legal needs, call us today.

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November 22, 2022 · 7:30 AM

Should You Eat With Your Hands and Eschew Cutlery?
“Me Grok”

DailyMail has an interesting article that promotes eating with your hands instead of forks, knives and spoons. After all, caveman Grok didn’t have eating utensils.

Those who are a stickler for etiquette should look away now.

That’s because we’ve all been eating the wrong way and should be eating with our hands, according to a psychologist.

Professor Charles Spence, from the University of Oxford, said giving up cutlery is the secret to enjoying food.

He says eating with our hands can ‘heighten the dining experience’ – even for meals like pasta and messy curries.

The professor also claims that hand-feeding improves food flavor and texture while having myriad health benefits.

Steve Parker, M.D

PS: I rarely use “eschew” in conversation because few folks don’t know what it means. In general, I eschew obfuscation.

h/t Splendid Isolation

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I was stunned by how fast people walked when I first visited the City of London. It was a world apart from how I grew up in the furthest of south Europe, where we would take our time to enjoy the scenery and chat with people on the street almost every time we went somewhere on foot.

A fast walk is a sign of determination and is a habit of go-getters. These are people who know what they want, and they go for it without hesitation. This article will tell the most critical differences between slow and fast walkers and offer a hint on changing your walking habits, if you want to be more successful.

Slow walkers typically take their time to enjoy the surroundings or take a break to grab a coffee or snack. Time is not that much of an issue – punctuality, neither. They seem to walk only because they have to.

In contrast, fast walkers rush through the world with a sense that they know what they want and are determined to make it theirs. A quick walker has an intent, purposeful gait. He will be paying attention to where he is going and looking in front of him. Slow walkers are often running late for something.

While staying in London, I made it a habit to attend to people on the street to identify patterns of walkers based on their general posture and other tell-tales from body language.

I was doing this because I wanted to understand better how people stand, move and walk and and use that knowledge in my coaching practice and training program.

I am a long-time student of the relationship between the body — a kind of transient entity moving through space, and the mind that “commands” intention and purpose. The human body is constantly in flux, but these transitions are subtle and not always obvious. Over time, looking more closely, I noticed some exciting kinds of patterns. I could quickly tell, for example, that better-dressed individuals, regardless of other traits, walked at a significantly faster pace than others. Is this just a habit? I wondered. Does it happen randomly, or is it evidence of a distinction between the successful and the not-so-successful?

The former, the successful ones, were perceived by the world to be better dressed and took up a larger space than others. They wore blazers and black shoes and had a certain elegance about them.

The latter, the not-so-obsessed with success individuals, walked more slowly, usually, wearing brighter or mixed colors, usually with their heads down.

Their shoes looked muddy and scuffed from walking on wet ground.

The more successful persons did not have “time” to greet anyone or look up – even if someone greeted them.

These are just personal observations, of course.

Yet, one thing stood out when I waited outside the enormous glass buildings, sipping an espresso and catching up with my associate.

There is a fork before the exit of Liverpool Streetwhere one wing leads to the vast flea market and the other to a corporate tower that belongs to a Bank.

While I was not holding a tachymeter, one thing was apparent: Bankers — either entering or leaving the building, were super-fast, giving the impression that something was going on, while casual shoppers, through that same part of the road, were slow , as if they were scared (metaphorically speaking), to enter the open market area.

See where we are getting with this?

As a general rule: You can verify this at work and in any professional environment. The more senior people seem to walk faster, even down corridors in the office — where space is limited. In outdoor spaces, they look active and energetic, but what makes them really stand out is their rhythmic walking pace as if there is a lot of stake where they are headed.

On the other hand, more junior or lower-grade workers tend to walk slowly and cautiously and lack the aura of confidence.

If you want to look — and feel — more influential, take home this bit of advice

Start with your walking pace first. Adopt a faster, brisker style. Make the streets your playing stage to rehearse.

Straighten your stance, and make your steps fast but not too fast. Wherever you are headed, get familiar with the notion you are out walking the crowds. practice makes perfect.

Remember what the famous singer is Sting said:

“A gentleman will walk but never run.”

Thank you for reading and following; my articles are packed with practical advice for aspiring leaders.


Thomas Piperis

www.datadrivenstoryteller.com

A sought-after private consultant and C-level advisor, Thomas Piperis has claimed many successes in sectors such as automotive, built environment, B2B Services, Technology Startups, recruitment, and Venture Capital. He has lived and worked in 7 countries and knows like few the do’s and don’ts of corporate life from the inside, owing to his 25 years with large corporates. Thomas studied Electrical Engineering and Computer Science, with major in Biomedical Engineering, NTUA), Business Management in London, UK (MBA, Hons), and Innovation & Entrepreneurship at the IGD Fraunhofer, Germany.
He trained intensively to become a certified Coach (AC), Uni of Athens and he is AI Data Scientist (pending) University of Virginia Darden Business School. He is a co-founder of startups and frequently published on Medium, France 24, Linkedin, Naftemporiki, and the National of Abu Dhabi. His consistent thought leadership earned him a career Advisor Status on LinkedIn, where he has some 16,000 followers and advises young professionals on career strategy, foresight and growth.

Is It Time to Cut Back on Alcohol?

December 12, 2022 · 7:00 AM

Is It Time to Cut Back on Alcohol?
“Is the room spinning, or is it just me?”

A few months ago I ran across a thoughtful article by Morris van de Camp entitled Love Drinking Less. It’s well worth a read if your alcohol consumption is out of control or heading that way.

Alcohol is a two-edged sword. On the one hand it makes life fun and turns strangers into intimate friends in the course of an evening; on the other, it makes a person dysfunctional. Very dysfunctional. Productive time is lost, relationships are damaged, and health is harmed.

I cannot say that I’ve “struggled” with alcohol in the truest sense. I’ve never been arrested for drunk driving, and I’ve had no serious relationship trouble from drinking. All of my drinking has been in an appropriate time and place — but one drink will inevitably lead to another. I’d wind up accidentally drunk when I really wanted a light buzz. I also found that when the time came up when I’d be free to drink, I looked a bit too much forward to it.

If you’re a tippler, this is the time of year to consider a “Dry January.” You may learn something about yourself. Be kind to your liver — you only have one.

Steve Parker, M.D

PS: It’s also time to decide on your weight loss program for the new year.

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One More Cure for Hiccups

December 20, 2022 · 5:50 AM

I’ve written previously about how Paul Ingraham helped cure my patello-femoral pain syndrome.

More recently, Paul looked into hiccup cures because his father had an intractable case. What finally worked for dad? Breathing into a plastic bag.

Boosting blood CO2 (hypercapnia) by breathing in a PLASTIC bag. This one is quite plausible and is easy and safe to try. Hypercapnia definitely affects some kinds of hiccups. The story (from a smart source, a good “friend of PainSci”): “There’s an even easier way out of hiccups — at zero cost. Learned it from my uncle, who studied medicine in Brazil in the 50s. Anesthetized patients with hiccups were in pain, so they needed to get rid of it ASAP. Method: breathe in a PLASTIC bag, small enough for you to get hypercapnia (get higher blood levels of CO2). You have to hold the bag REALLY tight around your nose and mouth to prevent air from escaping, and if you have trouble with dizziness, it’s advisable to sit down for it. As soon as it gets uncomfortable, mostly after 4-6 breaths, you can stop, the hiccup will be gone. I don’t know what this does to the phrenic nerve, but it works 100%.”

Safety Notes: Obviously there could be some danger with this method. If he’d had low O2 or was struggling for breath, we likely wouldn’t have dared. (On the other hand, if he’d been in that state, he would’ve been at the hospital.) But he was supervised, with no possibility of getting stuck, and a matter of only a few breaths. Perhaps there was still some risk… but I think not treating those hiccups was also a risk.

I’ve never tried that method for my hiccups. My personal favorite home remedy is “drinking from the far side of the glass.” AKA, drinking water upside down. Watch this video of a good ol’ boy demonstrating the technique although I would aim for drinking at least 6-8 fl oz of water before quitting. Don’t ask me how it works; it may have something to do with the soft palate or diaphragm.

Steve Parker, M.D

One More Cure for Hiccups

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