Sep 14 2017

The Utah Blood Draw Story: Drawing Unwarranted Conclusions

The viral video of a Utah nurse being arrested for refusing to draw blood from an unconscious patient brought into the public view a legal conundrum faced by health care providers. The ensuing public conversation generated abundant concern for the nurse, criticism of the police and commentary on the legality of warrantless police-directed blood draws. The prevailing conclusions that the nurse was in the right, the police were in the wrong and the United States Constitution prohibits warrantless blood draws may quell the public outcry. Health care providers, however, should not take solace in this simplified and half-true answer because there are situations in which the police may rightly direct a provider to draw blood on an unconscious or unwilling patient without a warrant.

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Aug 29 2017

OIG Work Plan Moves from Annual to Monthly Updates

The health care industry is familiar with the United States Department of Health and Human Services, Office of Inspector General (the "OIG") annual Work Plan as a helpful compliance tool. While we are familiar with the annual release identifying the OIG's new and ongoing investigative, enforcement, and compliance activities during the upcoming fiscal year, the Work Plan is getting a refresh under the current administration. Effective June 15, 2017, the OIG has begun updating its Work Plan monthly. These monthly updates may be used by compliance departments to review and update policies and procedures monthly based on the OIG's areas of interest.

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