SAMHSA Public Session to Discuss Part 2 Regulations & HIE The Part 2 regulations which govern and protect information created by drug and alcohol rehabilitation providers have caused challenges for electronic health information exchange ever since HIE became a household term (….ok, well at...
What Is a “Conduit” and When Do They Cross The HIPAA BA Line? [1] As health information organizations (HIOs) start to facilitate secure networked health information exchange (HIE), the question of whether the HIO is or is not a HIPAA business associate (BA) almost always comes up. In the...
Webinar: HIPAA and HIT Best Practices for Hospital Executives & Board Trustees Webinar Topic: Health IT Webinar for Hospital Executives and Board Trustees Date: May 21, 2014 Time: 8:30 a.m. – 10:00 a.m. EST Presenter: Helen Oscislawski, Esq. Register here:...
CMS Extends Meaningful Use Hardship Extension Where Vendor Delayed with Certifying EHR Technology. [THIS POST CORRECTS EP’s DEADLINES.] CMS announced Monday that eligible hospitals and eligible professionals (“EPs”) participating in the Medicare and Medicaid EHR Incentive Programs...
This coming Friday, April 19th, Seton Hall Law in collaboration with the Bergen County Prosecutor’s Office is offering a fantastic event called: “HIPAA, HITECH & Beyond: Protecting Healthcare Data in Our Cyber World”, which promises to examine current issues, enforcement trends, and...
What Do I Need To Do to Comply with the HITECH Omnibus Rule? (the short version, please) The HITECH Omnibus Rule clocked-in at 563 pages, and we have read, digested and condensed the nuts and bolts for you here in our February 2013 edition of our Health Law Diagnosis newsletter. But if...
Note to Mr. Donald Trump: According to HHS’ New Omnibus Rule, You Can Have A Copy of That Birth Certificate in About 100 or so Years Because HIPAA Doesn’t Apply One change under the Omnibus Rule that is somewhat flying under the radar is that HIPAA no longer will apply to a patients’...
“Significant Risk of Harm” No Longer Required to Trigger Breach Notification When it comes to responding to a Breach, what every Covered Entity (CE) and Business Associate (BA) wants to know is “Do we have to notify, or not?” Completing a documented “Risk Assessment” has always been...
FINALLY! HHS Releases the Final HIPAA/HITECH Omnibus Rule. Finally, the long awaited Final Rules are out. The Department of Health and Human Services (HHS) posted the HIPAA/HITECH “Omnibus Rule” on January 17, 2013 at 4:15 pm. You can download a copy here, or go straight to the source...
What do Thanksgiving, HIE and Disaster Recovery Have in Common? First, we want to wish all of our readers across the United States a very healthy and Happy Thanksgiving! We also ask that you remember that this holiday, the Northeast is just emerging from the most devastating natural disaster to...
Is NwHIN going from “Free” to “For Fee”? Notable news late last week included ONC Coordinator Dr. Fazad Mostashari publishing a blog post stating that ONC has decided NOT to pursue promulgating regulations to govern the NwHIN. The decision was made in part after his Officeconsidered comments...
FDA Moving Forward with Regulating Mobile Health Apps This post is prepared by Christopher Dodson. Mobile medical apps designed for use on phones and tablets are generally unregulated. In July 2011, the FDA published guidance indicating its intention to use the existing regulatory framework for a...
Will HIPAA Conviction Appeal Loss Open the “Zhou” Gates? This post is prepared by Christopher Dodson. Readers of this blog are probably familiar with the case of Dr. Huping Zhou, who was successfully prosecuted for violating HIPAA’s privacy protections. Zhou accessed the patient records of...
We “Like” Organ Donor Status on Facebook This post has been prepared by Christina Strong, Esq. The addition of “organ donor status” to Facebook is a tremendous boon for the communication of what is fast becoming a social norm, altruistic donation of one’s body, to take place after death. Unlike...
Cardiac Surgery MD Group Agrees to Pay 0,000 Settlement to HHS for Lack of HIPAA safeguards And the HIPAA money keeps rolling to the feds. The latest settlement (announced today) is with a cardiac surgery physician group in Phoenix, Arizona, which has agreed to pay a hefty sum after someone...