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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: New Jersey

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Welcome to “Fraud Fridays”

Posted in Health IT, New Jersey, Privacy & Security, Security Breach Notification, Sensitive Health Information

This post, written by my colleague Elizabeth Hampton, originally appeared on Garden State Gavel, a new blog focusing on New Jersey litigation topics. Fraud is on the rise in every industry and the lengths that some people will go to make money by “gaming” the system is both fascinating and alarming.  Look for some of these… Continue Reading

New NJ Standard More Stringent than HIPAA

Posted in New Jersey

New Jersey Governor Chris Christie signed a bill (S.562) into law on January 9, 2015 that will impose a standard more stringent than HIPAA on health insurance carriers authorized (i.e., licensed) to issue health benefits plans in New Jersey.  Effective August 1, 2015, such carriers will be required to secure computerized records that include certain personal… Continue Reading

Putting ARRA Money in the HIPAA/HITECH Enforcement Mouth

Posted in HIPAA Enforcement, HITECH Act, New Jersey, Privacy & Security

In accordance with the 90-day deadline established for an operating plan to be submitted to Congress on expenditures related to the $2 Billion Dollars appropriated under the American Recovery and Reinvestment Act ("ARRA") relating to health information technology ("HIT"), the Office of the National Coordinator ("ONC") has submitted its proposed ARRA Implementation Plan to Congress. The Plan’s proposed Funding Table is as… Continue Reading

Secure Those Social Security Numbers!

Posted in New Jersey

On December 15, 2008, the Division of Consumer Affairs ("DCA") published its Notice of Pre-Proposed Rule for "Identity Theft, Written Security Programs and Violations."  Comments to the Pre-Proposed Rule are due February 13, 2009. The pre-proposed Subchapter 3 seeks to require every business and every public entity to implement a comprehensive written information security "program" that includes administrative, technical… Continue Reading

Moving Info through NHIN is “In” for 2009

Posted in New Jersey, RHIO & HIE

The National Health Information Network (NHIN) may get information moving as early as the first quarter of 2009.  In its December 16th Press Release, the Social Security Administration (SSA) indicates that it will begin receiving medical records for some disability applicants via the "MedVirginia" health information exchange (HIE) based in Richmond.   SSA and MedVirginia were also among several… Continue Reading

Legislation Introduced to Establish a NJ Fund for Health IT

Posted in New Jersey

Assemblyman Herb Conaway introduced legislation (A 3368) today that would establish an electronic Health Information Technology ("e-HIT") Fund to be used to implement the objectives of the Statewide health information technology plan.  The Bill proposes that beginning April 1, 2009, and on a quarterly basis thereafter, each health care payer will pay a "technology reinvestment fee" into the… Continue Reading

Horizon BC/BS Grants a Limited EHR Subsidy to New Jersey Health Care Providers

Posted in Health IT, New Jersey

Health Data Management reported yesterday that Horizon Blue Cross Blue Shield of New Jersey will commit up to $500,000 to help select hospitals in its New Jersey network adopt electronic medication history technology.  This would give physicians real-time medication histories when patients check into a hospital or emergency department.  Under the program, Horizon will pay for… Continue Reading

And The EHR Demo Project Winners Are…..

Posted in EHR and PHR, New Jersey

In a June 10 HHS News Release, Secretary Mike Leavitt named the 12 communities that will participate in a 5-year national Medicare demonstration project that provides incentive payments to physicians for using certified electronic health records (EHR) to improve the quality of patient care (the "EHR Demo Project").  The communities selected to work with the CMS on… Continue Reading

HIPAA NPI May 23rd Deadline May Spike Denial of Claims

Posted in New Jersey, Privacy & Security

  May 23 is the compliance date for the National Provider Identifier (NPI) to be used exclusively for electronic health care claims under HIPAA.  Providers who do not use their assigned NPI after this date may find health insurers starting to reject and return electronic claims.  Although millions of NPI numbers have been issued, it is unclear how may… Continue Reading

NJ Governor Corzine Appoints Oscislawski to HIT Commission

Posted in New Jersey, RHIO & HIE

On May 13th, the Office of the Governor announced several direct appointments to the New Jersey Health Information Technology (NJ-HIT) Commission, and I am extremely pleased to pass along that I have been appointed to the attorney seat on the Commission.  I look forward to bringing my experience and enthusiasm to the table, and contributing to the success of the Commission’s goals. The NJ-HIT… Continue Reading

New Enforcement Data Added to HHS’ Web Site on HIPAA Privacy Compliance and Enforcement

Posted in HIPAA Enforcement, New Jersey

Last week, the Office for Civil Rights (OCR) added a new data section on its Compliance and Enforcement Web Site.  The new section can be viewed at www.hhs.gov/ocr/privacy/enforcement/data.html.  The public can now access enhanced information about several aspects of OCR’s enforcement program, including: Charts showing state-specific case investigation results; Calendar-year enforcement-results graphs and charts; Calendar-year graph showing complaint… Continue Reading

Is All “Marketing” Prohibited by HIPAA?

Posted in New Jersey, Privacy & Security

In general, HIPAA requires a written authorization from an individual before a health care provider can make a communication about a product or service that encourages recipients of the communication to purchase or use the product or service.  However, certain mailings and communications with individuals are permissible without having to obtain prior written authorization because they… Continue Reading

August 6, 2007 – New Jersey RHIO Planning Discussion Forum

Posted in New Jersey

***Interested parties must register with TESC in order to attend **** When:    Monday August 6, 2007 from 9:00-12:00.     Where:   Thomas Edison State College, Prudence Hall, 101 West State Street, Trenton, NJ   Topic:     NJ RHIO Discussion Forum to share findings, conclusions and recommendations based upon information collected regarding the level of interest in a statewide health information exchange and… Continue Reading