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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

Category Archives: Medical Identity Theft

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Some Issues for Providers Regarding Involvement of Authorities in Patient ID Checks

Posted in Articles, Medical Identity Theft, Privacy & Security

Our partners Elizabeth Litten and William H. Maruca and I were quoted by our good friend Marla Durben Hirsch in her article in Medical Practice Compliance Alert entitled “Watch for HIPAA Pitfalls When Involving Police in ID Checks.” Full text can be found in the October 26, 2015, issue, but a synopsis is below. Marla’s… Continue Reading

Hacked Health Records Prized for their Black Market Value

Posted in Articles, Health IT, Medical Identity Theft, Privacy & Security, Sensitive Health Information

I received a disturbing robo-call over the weekend informing me that someone had attempted to use my credit card number fraudulently in a retail store in the next county. When I called back and verified these were not legitimate charges, my card issuer assured me that I would not be financially responsible, canceled my card… Continue Reading

Updated – President Signs Act Exempting Physicians From Red Flag Rules

Posted in Medical Identity Theft

Update: President Obama signed S. 3987 as Public Law No: 111-319 [Text, PDF] on December 18, 2010. * * * Physicians will no longer be defined as "creditors" under the controversial "Red Flag Rules," when clarifying provisions are signed into law as expected.  The House of Representatives has unanimously passed S. 3987, the "Red Flag Program Clarification Act of… Continue Reading

FTC Agrees to Postpone Application of Red Flag Rules to Physicians Pending Outcome of Litigation

Posted in Medical Identity Theft

More breathing room for physicians under the Red Flag rule: Following the blanket compliance extension through December 31, 2010, the FTC has announced that it had reached a joint legal stipulation with the AMA, the American Osteopathic Association and the Medical Society of DC stating that it would not pursue enforcement of the rule against… Continue Reading

An Update: Physicians and Lawyers Successfully Trump (At Least for Now) Compliance with the Red Flags Rule

Posted in Medical Identity Theft

On May 28, 2010, William H. Maruca, editor of this blog, reported in a post entitled Red Flag Reprieve – Déjà vu All Over Again that, under pressure from Congress, the Federal Trade Commission (“FTC”) had agreed to postpone enforcement of its “Red Flags Rule” until January 1, 2011.     On June 1, 2010, an… Continue Reading

Should Health Care Providers Bother with Red Flags?

Posted in Medical Identity Theft

    Yesterday, the Federal Trade Commission (FTC) announced in a News Release that it will further delay enforcement (yet again!) of the "Red Flags" Rule until November 1, 2009.  The News Release states that the purpose of the delay is to give the FTC additional time to redouble its efforts to educate and assist small businesses and other entities about compliance with… Continue Reading


Posted in Medical Identity Theft

The Federal Trade Commission issued an announcement today that the deadline to implement the Red Flag requirements pertaining to identity theft has been delayed for six months, making the new compliance deadline May 1, 2009.  In its Enforcement Policy Statement, the FTC states: During the course of the [FTC]’s education and outreach efforts following publication of the rule,… Continue Reading

Red Flags to Help Combat Medical Identity Theft

Posted in Medical Identity Theft, Security Breach Notification

The FTC published the Red Flag rule on November 9, 2007.   However, over the last year there was considerable confusion and uncertainty about whether the rule, which is primarily geared toward financial institutions and other lenders, also applied (or should apply) to healthcare providers.   However, on October 15, 2008, the Office of the National Coordinator for Health IT (ONC) sponsored a Medical… Continue Reading