While the HITECH Act technically went into effect last month, on February 17, 2010, HHS’s Office of Civil Rights (“OCR”) has yet to issue guidance and regulations about the implementation of new privacy and security requirements contained in the HITECH Act. Because of this failure, OCR has been hinting that it may delay enforcement of […]
The Office of the National Coordinator for Health Information Technology (“ONC”), an office of the Department of Health and Human Services, released a proposed rule creating a program to certify electronic health records (“EHR”) systems. The rule creates both a temporary and a permanent certification system, designed to assure users to that EHR systems and […]
Oral arguments began on November 3, 2009 in a case that will test whether defendants in medical liability lawsuits are permitted under HIPAA to conduct informal interviews with plaintiffs’ other treating doctors. The federal Health Insurance Portability and Accountability Act (HIPAA) protects private health information and preserves patient confidentiality. In the case at issue, the […]
The Harris County Hospital District of Houston fired 16 employees last month for a major violation of the Health Insurance Portability and Accountability Act (HIPAA), which protects confidential patient information. The hospital district has not disclosed additional details about the violation, instead issuing a statement saying, “The Harris County Hospital District, in all circumstances, is […]
Health Net became the latest company that lost data containing personal, financial and medical information of hundreds of thousands of Connecticut residents. The data disappeared from Health Net in May, but the company never informed consumers (or authorities) about the breach of privacy until about two weeks ago (a six-month delay). A spokeswoman for Health […]
HIPAA enforcement will be strengthened by an interim final rule posted today by the U.S. Department of Health and Human Services (HHS). The new rule increases significantly the penalties that may be imposed for HIPAA violations under the Health Information Technology for Economic and Clinical Health (HITECH) Act. HHS believes that the higher penalties will […]
In Little Rock, Arkansas, Dr. Jay Holland, Sarah Miller, and Candida Griffin were sentenced this week for violating the Health Insurance Portability and Accountability Act (HIPAA). According to the U.S. Department of Justice press release, the three individuals plead guilty on July 20, 2009 “to misdemeanor violations of the health information privacy provisions [of HIPAA] […]
The HITECH Act (The Health Information Technology for Economic and Clinical Health Act), enacted February 17, 2009, significantly supplemented and altered the Health Insurance Portability and Accountability Act of 1996 (“HIPAA”). One such provision of the HITECH Act made both covered entities and their business associates liable for breaches of patients’ unsecured protected health information […]
HHS turns HIPAA over to the Office for Civil Rights. Today, Kathleen Sebelius–Department of Health and Human Services (HHS) Secretary–transferred the Health Insurance Portability and Accountability Act of 1996 (HIPAA) Security Rule’s delegation from the Centers for Medicare and Medicaid Services (CMS) to the Office for Civil Rights (OCR). The HHS contends that this “will […]
Ambulatory Surgery Centers (“ASCs”) need to take note of additional federal Conditions for Coverage (“CFCs”) governing patient rights that took effect May 18, 2009. The Amendments to these CFCs, which the Centers for Medicare and Medicaid Services (CMS) published on November 18, 2008, are codified at “Part 416 – Ambulatory Surgical Services” (42 CFR 416.50). […]
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