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HIPAA, HITECH & HIT Legal Issues, Developments and Other Pertinent Information Relating To The Creation, Use and Exchange of Electronic Health Records

Tag Archives: HITECH

HIPAA Compliance Trends for 2014

Posted in HIPAA Enforcement

My partner Elizabeth Litten and I were interviewed by Marla Durben Hirsch for her Medical Practice Compliance Alert article “HIPAA, ICD-10 Among 6 Compliance Trends That Will Affect You in 2014.” While the full text can be found in the January 6, 2014 issue of Medical Practice Compliance Alert, a synopsis is noted below. As we… Continue Reading

OIG Reports Shortcomings In EHR Incentive Oversight

Posted in Articles, HITECH Act, Meaningful Use

CMS should improve its oversight of its electronic health record incentive program, according to a report by the Office of Inspector General released this month.   The government watchdog agency faults CMS for both inadequate prepayment safeguards and insufficient postpayment monitoring of recipients of federal funding intended to help cover the costs of adoption and implementation… Continue Reading

PHI Breach Involving Health Plan Leads to Lawsuit by Identity Theft Victims Who Were Plan Members

Posted in Lawsuits, Privacy & Security

The principle that individuals whose protected health information is stolen, lost, or otherwise inappropriately used, accessed, or left unsecured have no private right of action against the person or entity responsible for the breach under the HIPAA/HITECH laws may change for victims of identity theft who can show the theft was caused by a HIPAA breach, at least if the action is brought in the 11th Circuit.

Employers: Beware of PHI “Minimum Necessary” Standards Lurking Under Statutes Other Than HIPAA and State PHI Statutes

Posted in Privacy & Security

Employers should limit PHI that they provide with respect to medical examinations of employees and job applicants and in other contexts to the least amount of medical information necessary for evaluation in order to avoid potential violations of the Americans with Disabilities Act, the Genetic Information Nondisclosure Act, State workers’ compensation laws and other statutes.

Business Associate Breach Leads to $2.5M Settlement by Accretive: But Who is the Covered Entity or Business Associate Here, and Do We Care?

Posted in HIPAA Enforcement

The settlement in the Accretive Health, Inc. PHI breach case provides a good example of how the blurring of the covered entity and business associate roles can backfire on parties that fail to sufficiently analyze and define such roles, not only at the outset of a relationship but throughout its duration and evolution.

Selecting A Practice Management System? AMA/MGMA Toolkit May Help

Posted in Health IT

Looking to buy or upgrade your scheduling, billing and collection software? Want to make sure what you’re buying meets the latest HIPAA electronic standard transaction criteria and is able to handle the new ICD-10 codes? Shopping for an Electronic Health Record (EHR) system that includes a practice management component and will qualify for HITECH subsidies? The American Medical Association and… Continue Reading

New Turn in the Parade of PHI Breaches: Office of Civil Rights Exacts Heavy Payments From Cignet Health and Massachusetts General Hospital

Posted in Privacy & Security

Last week for the first time, the Office for Civil Rights of HHS reported exacting heavy financial obligations from (i) Cignet Health on February 22, 2011, with a $4.3 million civil monetary penalty assessment for violations of the HIPAA Privacy Rule, and (ii) Massachusetts General Hospital on February 24, 2011, for a settlement that includes a payment to the U.S. government of $1,000,000 for potential violations of HIPAA.

HITECH EMR Incentive Registration Opens January 3, 2011

Posted in HITECH Act, Meaningful Use

  Early EHR adopters, mark your calendars:  CMS will begin accepting registration for participation in the Medicare EHR incentive program beginning January 3,  2010.   CMS will post a link to the registration process on its Registration and Attestation page on January 3.  The sooner you apply, the sooner you can begin to qualify for the $44,000 in additional Medicare funds per… Continue Reading

CMS Answers Frequently Asked Questions Regarding Electronic Health Record Incentives

Posted in Meaningful Use

by Todd Rodriguez, Esquire In July, the Centers for Medicare and Medicaid Services (CMS) released the much-anticipated final regulations that providers are required to meet in order to receive the Medicare incentives for adoption of a certified electronic health record system. In those regulations, In the final rule, CMS set forth 15 core elements which… Continue Reading

Meaningful Use At A Glance

Posted in Meaningful Use

The following is a chart summarizing the 15 "core" objectives which must be met, the menu from which 5 additional objectives must be selected, and the standards by which achievement of these objectives will be measured in order to qualify for EHR funding under the HITECH Act based on the final rules published on July 13, 2010:… Continue Reading

OCR Releases Notice of Proposed Rulemaking Implementing HITECH Act HIPAA Changes

Posted in HITECH Act

With a press conference featuring top officials including HHS Secretary Kathleen Sibelius, the Office of Civil Rights rolled out a 234-page Notice of Proposed Rulemaking on July 8, 2010. The full text is here. The agency described the proposed rulemaking as including significant modifications to the HIPAA Privacy, Security and Enforcement rules, as well as resources and… Continue Reading

Getting Meaningful with EHR

Posted in HITECH Act, Meaningful Use

   The Health InformationTechnology for Economic and Clinical Health Act or the “HITECH Act”  provides incentive payments for adoption and meaningful use of HIT and qualified EHRs.  CMS published a proposed rule defining "meaningful use" on December 30.  It’s 566 double-spaced pages long, and can be found here:  http://www.federalregister.gov/OFRUpload/OFRData/2009-31217_PI.pdf.   An eligible physician or other professional… Continue Reading