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Full-Text Articles in Law
The Due Process Conundrum: Using Mathews V. Eldridge As A Standard For Private Hospitals Under The Health Care Quality Improvement Act, Amy L. Moore
Belmont Law Review
In response to growing litigation between doctors and hospitals and the recalcitrance of some hospitals to initiate proper peer review actions against incompetent or unprofessional doctors, Congress passed the Health Care Quality Immunity Act in 1986. HCQIA provided immunity for hospitals that engaged in peer review, presuming immunity from both federal and state law claims if the hospital had satisfied the statutory safeguards. One of these statutory requirements is “adequate notice and procedures” for the doctors at issue. It is abundantly clear in both the legislative history of HCQIA and the case law surrounding HCQIA immunity that section 11112(a)(3) was …
Send Us The Bitcoin Or Patients Will Die: Addressing The Risks Of Ransomware Attacks On Hospitals, Deborah R. Farringer
Send Us The Bitcoin Or Patients Will Die: Addressing The Risks Of Ransomware Attacks On Hospitals, Deborah R. Farringer
Law Faculty Scholarship
“You just have 10 days to send us the Bitcoin. After 10 days we will remove your private key and it's impossible to recover your files.” Message to Medstar employees. Within a span of just a few months in the spring of 2016, fourteen hospitals (four hospital systems) experienced ransomware attacks resulting in an inability for the hospitals to access any of their electronic medical records, including necessary patient data. Knowing that hospitals must have access to this data in order to appropriately treat and monitor patients, those responsible for the attacks requested a bitcoin payment as ransom for the …