Posted by Jason Greis on December 6, 2009 under Articles | 
Covered entities (i.e. LTACHs and other healthcare providers), and the business associates that assist them with the performance of functions and activities that involve access to protected health information (“PHI”), are now subject to much greater regulation of their information security practices as a result of the Health Information Technology for Economic and Clinical Health Act (“HITECH Act”). The HITECH Act was included as Title XIII of the Federal economic stimulus package, the American Recovery and Reinvestment Act of 2009 (“ARRA”), and represents the most expansive modification to the Federal privacy and security rules for health-related businesses since the 1996 enactment of HIPAA. Read More...
Tags: 13401, 13404, amend, BAA, business associate, business associate agreement, covered entity, greisguide, greisguidetoltachs, Health Information Technology for Economic and Clinical Health Act, health insurance portability and accountability act, hipaa, HITECH, hospital, ltac, LTACH, LTCH, privacy, security
Posted by Jason Greis on December 5, 2009 under Articles |
In October 2009, a Federal judge in Arkansas sentenced the medical director of an Arkansas hospital-within-hospital LTACH and an account representative and emergency unit coordinator of the host hospital to fines and probation for violating the Health Insurance Portability and Accountability Act (“HIPAA”) by unlawfully viewing a high profile patient’s electronic medical records. (U.S. v. Holland, E.D. Ark., No. 09-cr-168, sentencing Oct. 26, 2009; U.S. v. Griffin, E.D. Ark., No. 09-cr-169, sentencing Oct. 26, 09; U.S. v. Miller, E.D. Ark., No. 09-cr-170, sentencing Oct. 26, 2009). Read More...
Tags: arkansas, compliance, defendant, electronic medical record, emr, fine, greisguide, greisguidetoltachs, health insurance portability and accountability act, hipaa, hospital, hospital within hospital, hwh, jason greis, ltac, LTACH, LTCH, medical director, penalty, physician, sentence, violate, violation
Posted by Jason Greis on February 24, 2009 under Articles |
On February 17, 2009, President Barack Obama signed the American Recovery and Reinvestment Act of 2009 (the “ARRA”), commonly referred to as the federal stimulus bill. The ARRA contains several provisions — intended to promote the use of health information technology — that would significantly expand the scope of the privacy and security requirements of the Health Insurance Portability and Accountability Act of 1996 (“HIPAA”). These changes, summarized below, include: Read More...
Tags: american recovery and reinvestment act, ARRA, BAA, business associate, business associate agreement, covered entity, Department of Health and Human Services, disclosure, federal trade commission, ftc, greisguide, greisguidetoltachs, health insurance portability and accountability act, hipaa, hospital, kimberly kannensohn, liability, ltac, LTACH, LTCH, marketing, minimum necessary, notification, obama, personal health information, personal health record, phi, PHR, privacy, ryan higgins, security
Posted by Jason Greis on under Articles |
On October 22, the FTC announced that enforcement of its Identity Theft Red Flag Rules, originally scheduled to begin November 1, 2008, will now be delayed until May 1, 2009. The reason for the delay is that many entities, including health care providers, have been uncertain or even unaware of their coverage under the Rules until this point. The extension will allow covered entities more time to comply with the mandate to create and implement a written identity theft prevention program. The FTC is also planning to provide additional guidance as to Rules themselves and to which entities the Rules apply, but no date has been provided for this guidance. Read More...
Tags: covered account, creditor, elizabeth diller, FACTA, Fair and Accurate Credit Transactions Act, federal trade commission, ftc, greisguide, greisguidetoltachs, health care, health insurance portability and accountability act, healthcare, hipaa, identity theft, j. brian jackson, ltac, LTCH, mcguirewoods, nathan kottkamp, red flag rules
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