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Overview While many lawyers merely interpret the law, Kerr Russell’s attorneys help to shape it. We have handled cases related to the most significant developments in business and health care law in Michigan. Our trial lawyers are frequently involved in some of the most notable commercial cases in Michigan, as well as in other jurisdictions. In a profession where people make the difference between success and failure, Kerr Russell is among the very best. We devote all of our energy, skills and considerable resources to protecting our clients and accomplishing their goals as quickly and economically as possible. Our firm consists of intelligent and creative problem-solvers who apply ingenuity and fresh approaches to legal challenges, regardless of their size or complexity. We utilize state-of-the-art technology to serve our clients in the manner they expect—in real-time and at the cutting-edge. Values Practice Areas
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Health Care Data Security In The COVID-19 EraJeffrey A. May, Attorney at Kerr Russell (Pulse Newsletter— April 28, 2020) Over the last few weeks, Google alone has blocked an average of 18,000,000 COVID-19-related malware and phishing emails every day. Ransomware attacks are on the rise. Now, more than ever, healthcare operations are vital, so would-be attackers know that ransom payments are more likely to be made. Adding fuel to the fire, hospitals are pushed to (or beyond) their limits system, and administrators and service providers are tasked with protecting a substantially larger (uncontrolled) data environment. Nevertheless, providers must still use care in protecting patient data.
Two potential vulnerability points are particularly noteworthy: temporary medical facilities, and remote workers. While necessary, the rush to provide patients with access to care has naturally resulted in a lack of proper IT infrastructure. And unsecured IoT devices – smart beds, wireless monitoring devices, etc. – along with unsecured home networks only exacerbate the problem. Where two months ago, a nefarious actor had to navigate a sophisticated security environment to access a hospital network, the same access may now be available through an unpatched wireless access point in a physician’s home office or through an unsecured computer in a temporary medical facility.
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Beware Patient Email Communication MOA Legal Counsel ANSWER: There has been a significant trend to increase physician-patient communication by the use of email, internet portals and other electronic means. This trend will likely continue with the further development of the interoperability of electronic health records, e-prescribing methodologies and other uses of health information technologies to control healthcare costs, increase efficiency, promote pay for performance and generally to expand access to medical care. The use of email to communicate with patients is not without regulation or risk. HIPAA’s Security Rule must be complied with and you should consider the effect email messages might have on your ability to defend yourself in a malpractice case. |