The Department of Health and Human Services (“HHS”) today announced a notice of proposed rulemaking regarding HIPAA Privacy and Security. The proposed rule is issued in connection with the amendments and expansion to HIPAA made as part of the Health Information Technology and Economic Clinical Health Act (the “HITECH Act”),…
Wisconsin Physician Services (an existing Medicare Carrier and Medicare Administrative Contractor) issued a reminder today on its website for providers concerning the new deadlines for Medicare claims submission. The CMS Medlearn matters article dated May 7, 2010 and effective January 1, 2010 on the subject provides specific details relative to…
A final rule establishing the temporary certification program for electronic health record (“EHR”) technology was released today by the Office of the National Coordinator for Health Information Technology (“ONC”). As explained by the HHS press release and in a previous HLP blog about the proposed rule, the HITECH Act of…
In a not surprising turn of events, days before the June 1st deadline, the Federal Trade Commission (“FTC”) announced that it is again delaying the enforcement of the identity theft regulations through December 31, 2010. This latest delay came at the request of certain members of Congress while Congress considers…
On May 7, 2010, the Office of Civil Rights (OCR) issued guidance on the risk analysis requirement of the HIPAA Security Rule. Many providers have not paid close attention to the actual requirements of the HIPAA Security Rule. In addition to covered entity providers that must comply with the security…
The HIPAA Privacy rule currently provides the right of an individual to receive an “accounting of disclosures,” essentially a listing, of occurrences where a HIPAA covered entity has disclosed the individual’s information to others–but this rule has not considered disclosures made for treatment, payment, and health care operations information that…
Meaningful use of electronic health records (EHR) technology has recently been expanded to include physicians providing services in outpatient facilities, according to the Continuing Extension Act of 2010. Initially, Congress had intended that only those physicians who purchased and implemented EHR technology would be eligible for the incentive payments, which…
The Continuing Extension Act of 2010 was signed into law on April 15. This law reinstates the March 31 Medicare Physician Fee Schedule (Fee Schedule) rates for physicians, postponing, yet again, the anticipated-21.3% cut. The zero percent (0%) update to the Fee Schedule has been extended to May 31 will…
Today, John Muir Health began notifying its 5,450 patients about a possible breach of their personal and health information. The notifications came two months after two laptop computers were stolen from the John Muir Physician Network Perinatal office in Walnut Creek, California. Although the laptops were password protected, and there…
HLP reported earlier this week that the failure of OCR to issue HIPAA regulations regarding the implementation of the HITECH Act was likely to lead to a delay in enforcement of the relevant provisions, though no official delay had been announced. In an update on its website on Wednesday, OCR…