The Legal Side of Healthcare: Common Challenges and Solutions

The healthcare industry is one of the most regulated sectors in New York State.  At the close of 2024, over 6.6 million New Yorkers were enrolled in the state’s marketplace health program; and the sheer volume of patient care and data management required dramatically increased the pressure on providers to comply with standards.

Fines, audits or other legal action may result from noncompliance. To lower the risk of legal and administrative sanctions, healthcare providers must put in place organized policies and procedures.

Common Issues in Health Law Compliance

The combination of federal laws and state mandates often results in overlapping obligations that require constant attention and precise implementation. Below are some of the most common compliance challenges medical providers face:

  • Evolving Regulatory Requirements

Regulatory mandates change frequently, often without practicable guidance. Many organizations struggle to revise internal policies in a timely manner. Communication gaps relating to understaffing can also delay implementation of new regulations, increasing exposure to penalties during inspections or audits. 

  • Data Security, Documentation, and Privacy Breaches

The Health Insurance Portability and Accountability Act (HIPAA) imposes strict safeguards for protected health information (PHI), limiting how providers, insurers, and clearinghouses may use or disclose data without patient consent. Even with established systems in place, privacy compliance remains a challenging obligation.

Healthcare providers manage vast amounts of sensitive information on a daily basis, making the sector a prime target for cyberattacks. However, breaches do not occur solely through hacking; they can also result from a misplaced laptop, an unsecured fax transmission, or a staff member discussing patient details in an inappropriate setting.

In many hospitals and clinics, PHI is shared across multiple digital platforms, billing systems, and third-party vendors. These integrations, while necessary for efficiency, create vulnerabilities. If a third-party vendor fails to follow HIPAA’s data protection standards, the provider will remain liable for the violation.

  • Compliance Fatigue

Healthcare law compliance is heavily dependent on properly trained staff, which presents a further challenge to many organizations.

In 2021, New York adopted a universal 1:2 nurse-to-patient ratio rule for critical care patients. However, chronic understaffing and long working hours have made it difficult for medical establishments to adhere to the safety and reporting requirements, contributing to widespread compliance fatigue. With an around-the-clock workload, healthcare personnel may unintentionally overlook procedural steps, leaving organizations vulnerable to errors.

Solutions to Address Compliance Issues

Building a sustainable compliance culture ideally involves systems that make adherence easier, not harder. Beyond policy manuals, healthcare organizations benefit from integrated approaches, particularly:

  • Build a Centralized Compliance Management System

Confusion and duplicated efforts can be minimized by combining all regulatory requirements into a single compliance framework. A centralized database that tracks rules, assigns tasks, and stores updated policies and procedures is especially useful for hospitals and clinics. When a regulation changes, such a system ensures all departments receive timely and consistent updates. 

Having a dedicated compliance officer or committee further strengthens these efforts. Quarterly reviews and cross-departmental meetings will keep policies current and aligned with the latest federal and state standards.

  • Strengthen Data Security and Incident Response

Healthcare organizations must invest in layered data protection and practical breach preparedness. While robust rules about access control and encryption are essential, human-centered protocols should also be given top priority. Regular simulated breach exercises enable staff members to respond quickly and precisely during real incidents.

When a breach does occur, the response must follow strict procedures: contacting counsel, isolating the issue, notifying authorities and affected patients, and documenting every action taken to remain compliant with reporting obligations. 

  • Create a Culture of Compliance

Compliance is only effective when personnel understand its purpose and requirements. Regular, role-specific training will make compliance a natural part of daily operations.

Leadership must also demonstrate commitment by prioritizing compliance initiatives. This reinforces the message that these policies exist to protect patient safety and organization integrity, rather than simply to avoid penalties. Partnering with healthcare law firms in Nassau County can further strengthen these initiatives by providing relevant and ongoing legal guidance.

Partner with Ruskin Moscou Faltischek P.C. 

New York’s healthcare legal landscape demands expertise and proactive management. From privacy protection to credentialing and audits, compliance is an ongoing obligation that medical service providers should always prioritize.     

Ruskin Moscou Faltischek P.C. is one of the top healthcare law firms on Long Island, helping healthcare providers meet these requirements through experienced counsel and strategic compliance support. Our attorneys understand the unique pressures facing New York’s healthcare community and provide tailored solutions that protect both operations and reputation. 

Visit us at East Tower, 15th Floor, 1425 RXR Plaza, Uniondale, NY 11556-1425, or schedule a consultation today.