New Rules

Feb 9, 2024 / By

42 C.F.R. Part 2 Final Rule Amending Privacy of Substance Use Disorder Records Released.

The Final Rule amending 42 CFR Part 2 finalizes changes that will align uses and disclosures of Part 2 information with HIPAA for treatment, payment & health care operations. Part 2 providers and others who must comply with Part 2 and this Final Rule have two (2) years to get into compliance. Read more about the changes and how we can help with compliance.

ONC Vindicated. Patients Want Immediate Access to Test Results

ONC Vindicated. Patients Want Immediate Access to Test Results

JAMA published a study earlier this week finding more than 95% wanted immediate access to test results. However, when speaking to ONC, the study’s lead researcher specifically noted that although 95.3% of patients who received abnormal test results responded that they still would like to continue to receive immediately released results, this was associated with nearly twice the likelihood of worry compared to respondents who received normal results.

FTC Orders BetterHelp Health App to Pay $7.8M for Sending User Data to Facebook & Snapchat

FTC Orders BetterHelp Health App to Pay $7.8M for Sending User Data to Facebook & Snapchat

The FTC issued a proposed order requiring BetterHelp to pay $7.8 million to consumers to settle charges that it shared consumers’ health data with Facebook, Pinterest, Snapchat, and Criteo after promising to keep such data private and claiming it is “certified” as “HIPAA compliant.” The real juice of this case is in the FTC compliant — and HIPAA-covered providers, facilities & organizations can learn a lot about what to watch out for with health data Apps as we continue to march towards the FHIR.

Is Your Organization Ready for an OCR HIPAA Compliance Review re: Use of Online Tracking Technology?

Is Your Organization Ready for an OCR HIPAA Compliance Review re: Use of Online Tracking Technology?

On December 1, 2022, OCR released a “guidance” Bulletin re: “Use of Online Tracking Technologies by HIPAA Covered Entities and Business Associates.” From it, we learned (among other things) that OCR believes that an individual’s IP addresses and geo location, collected by a regulated entity’s website, is protected by HIPAA. Now, we have come to learn that HIPAA compliance investigations by OCR are already underway concerning this topic. Are you ready?

HAPPY NEW YEAR!  A LOT will be happening in 2023!

HAPPY NEW YEAR! A LOT will be happening in 2023!

The New Year is finally here, and I believe that there will be a LOT going on in 2023!  Here are just a few of the things that Legal HIE is looking to stay on top of for our readers this year . . .

ONC Publishes New FAQs on Information Blocking focused on the Privacy Exception.

ONC Publishes New FAQs on Information Blocking focused on the Privacy Exception.

The Office of National Coordinator says it receives a lot of questions regarding how the Information Blocking Rule is supposed to work in tandem with the HIPAA Privacy Rule and other federal and state laws governing privacy and confidentiality. Their new FAQs aim to help clarify when actors can choose to not respond to a request for access, exchange, or use of electronic health information.

ONC Vindicated. Patients Want Immediate Access to Test Results

ONC Vindicated. Patients Want Immediate Access to Test Results

JAMA published a study earlier this week finding more than 95% wanted immediate access to test results. However, when speaking to ONC, the study’s lead researcher specifically noted that although 95.3% of patients who received abnormal test results responded that they still would like to continue to receive immediately released results, this was associated with nearly twice the likelihood of worry compared to respondents who received normal results.

FTC Orders BetterHelp Health App to Pay $7.8M for Sending User Data to Facebook & Snapchat

FTC Orders BetterHelp Health App to Pay $7.8M for Sending User Data to Facebook & Snapchat

The FTC issued a proposed order requiring BetterHelp to pay $7.8 million to consumers to settle charges that it shared consumers’ health data with Facebook, Pinterest, Snapchat, and Criteo after promising to keep such data private and claiming it is “certified” as “HIPAA compliant.” The real juice of this case is in the FTC compliant — and HIPAA-covered providers, facilities & organizations can learn a lot about what to watch out for with health data Apps as we continue to march towards the FHIR.

Is Your Organization Ready for an OCR HIPAA Compliance Review re: Use of Online Tracking Technology?

Is Your Organization Ready for an OCR HIPAA Compliance Review re: Use of Online Tracking Technology?

On December 1, 2022, OCR released a “guidance” Bulletin re: “Use of Online Tracking Technologies by HIPAA Covered Entities and Business Associates.” From it, we learned (among other things) that OCR believes that an individual’s IP addresses and geo location, collected by a regulated entity’s website, is protected by HIPAA. Now, we have come to learn that HIPAA compliance investigations by OCR are already underway concerning this topic. Are you ready?

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