Federal Law Resources

Health Insurance Portability and Accountability Act

HHS announces proposed rulemaking to “significantly” modify HIPAA

Kathie McDonald-McClure Electronic Health Records, Federal Law Resources, Health care reform, Health Information Technology, HITECH Law, Meaningful Use, Privacy & Security , , , , , , ,
On Thursday, July 8, 2010, the United States Department of Health & Human Services (HHS) held a press briefing to announce “significant modifications” through proposed rulemaking to the Health Insurance Portability and Accountability Act of 1996 (HIPAA) pursuant to the Health Information Technology for Economic and Clinical Health Act of 2009 (HITECH). The proposed modifications also seek to strengthen the privacy of health information and help Americans understand their rights and resources available to safeguard their personal health information. As part of the latter effort, Sebelius announced the launch of another new website “where Americans can read about all HHS’ efforts to protect privacy in the exchange of electronic health information and that will give Americans the tools needed to embrace technology to take control over their health information.” The website will be available at www.hhs.gov/healthprivacy.
 

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CMS Website on ARRA’s Health Information Technology Includes Fact Sheet with FAQs

Kathie McDonald-McClure Electronic Health Records, Eligible Professional Incentives, Federal Law Resources, Health Information Technology, HITECH Law, Hospital EHR Stimulus, Privacy & Security , , , , ,

On June 16, 2009, on the same date the ONC HIT Policy Committee released the first draft of “meaningful use” of electronic health records (EHRs), the Centers for Medicare and Medicaid Services (CMS) launched the CMS Health Information Technology Website to address health information technology (Health IT or HIT) under the ARRA’s Health Information Technology for Economic and Clinical Health Act (HITECH Act). The CMS HIT website focuses on the following three areas of ARRA Health IT:

  • Health IT incentives and support for adoption
  • Establishment of Health IT standards and infrastructure
  • Privacy and security pertaining to Health IT

These are the three main areas pertaining to Health IT in which CMS will be involved under the HITECH Act. 

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The FTC’s Identity Theft Red Flags Rule: Catching the uninsured in the act of medical services theft

Kathie McDonald-McClure Electronic Health Records, Federal Law Resources, Health care reform, Health Information Technology, HITECH Law, Privacy & Security , , , ,

Article Summary:  The Federal Trade Commission’s Red Flags Rule for identity theft applies to most health care providers according to the FTC’s current guidance. The FTC makes a clear attempt under the Rule to regulate medical identity theft, as opposed to credit identity theft. The result is that the FTC will have regulatory authority in an area that the Department of Health & Human Services, since the issuance of the Red Flags Rule in late 2007, has seen fit to strengthen under the HITECH Act of 2009, through both enhanced security protections and breach notification requirements. Further, the HITECH Act put into motion aggressive health information technology reform that also will likely address medical identity theft. Do we really need another federal agency regulating the privacy and security protections that health care providers provide for medical records? This article summarizes the key components of the Red Flags Rule that will draw most health care providers into its reach and discusses how current health care reforms may impact favorably on preventing medical identity theft.

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CMS Hosting National Conference Call on HIPAA Version 5010–June 9, 2009

Kathie McDonald-McClure Federal Law Resources, Health Information Technology

On June 9, 2009, from 2:30 pm to 4:00 pm EDT, the Centers for Medicare & Medicaid Services (CMS) will host a national education conference call to address Medicare’s FFS implementation of HIPAA Version 5010. CMS is conducting this call for all Medicare fee-for-service (FFS) providers. The call is to give a general overview of Medicare’s transition to HIPAA Version 5010 and address some of the exceptions and situations providers may encounter as the new version is implemented. The call will include a presentation and Subject Matter Experts to answer questions specific to Medicare. CMS has a HIPAA Version 5010 Webpage to track implementation dates and post informational documents.

To participate in the live conference call, listeners must register in advance. Registration will close at 2:30 p.m. ET on June 8, 2009, or when available space has been filled. To register, click here.

CMS will post a PowerPoint presentation on its HIPAA Version 5010 Webpage before the call. An audio version of the conference call also will be made available later on the HIPAA Version 5010 webpage.

How will HITECH’s new privacy & security rules impact your business?

Kathie McDonald-McClure Federal Law Resources, Health Information Technology, HITECH Law, Privacy & Security , ,

Learn more by attending the Kentucky Chamber’s event, “Understanding the ARRA” on June 2, 2009 at the Griffin Gate Marriott Resort & Spa in Lexington, KY. Carole Christian of Wyatt, Tarrant & Combs, LLP, will discuss HIPAA privacy and security changes brought about by provisions under the ARRA and specifically HITECH.  Her discussion will include a review of the new regime for business associates, data breach notification rules, other HIPAA changes, and Medicaid electronic health records. Other speakers will include Mary Lassiter, Kentucky’s State Budget Director, who will discuss the money flowing to Kentucky’s state government. For more information and registration information, click here:
http://www.kychamber.com/docs/seminarsevents/ARRA-brochure-web.pdf.