HIPAA Final Rule: Notice of Privacy Practices for Protected Health Information: Content of Notice (1)

March 22, 2013.  Today, we continue going through the HIPAA Privacy Rule, section by section, as modified in the Final Rule:  Modifications to the HIPAA Privacy, Security, Enforcement, and Breach Notification Rules Under the Health Information Technology for Economic and Clinical Health Act [HITECH Act] and the Genetic Information Nondiscrimination Act; Other Modifications of the HIPAA Rules, which was published in the Federal Register on January 25, 2013.  The effective date of the Final Rule is March 26, 2013, and covered entities and business associates must comply by September 23, 2013. We begin a two-day examination of the modifications pertaining to 45 CFR 164.520:  Notice of Privacy Practices for Protected…

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HIPAA Final Rule: Modified Privacy Rule Definition–Marketing

March 1, 2013.  Today, we continue to examine definitions pertaining to the HIPAA Privacy Rule, for which we shall begin to examine modifications next week. Today’s definition is marketing, as modified in the Final Rule:  Modifications to the HIPAA Privacy, Security, Enforcement, and Breach Notification Rules Under the Health Information Technology for Economic and Clinical Health Act [HITECH Act] and the Genetic Information Nondiscrimination Act; Other Modifications of the HIPAA Rules, which was published in the Federal Register on January 25, 2013.  The effective date of the Final Rule is March 26, 2013, and covered entities and business associates must comply by September 23, 2013. Here are excerpts from the…

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Definition: Health Care Operations

Today, we continue to examine definitions pertaining to the HIPAA Privacy Rule, for which we shall begin to examine modifications of provisions next week. Today’s definition is health care operations, as modified in the Final Rule:  Modifications to the HIPAA Privacy, Security, Enforcement, and Breach Notification Rules Under the Health Information Technology for Economic and Clinical Health Act [HITECH Act] and the Genetic Information Nondiscrimination Act; Other Modifications of the HIPAA Rules, which was published in the Federal Register on January 25, 2013.  The effective date of the Final Rule is March 26, 2013, and covered entities and business associates must comply by September 23, 2013. Here is the discussion…

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HIPAA Final Rule: Modified Privacy Rule Definition–Payment

February 27, 2013.  Today, we start to examine definitions pertaining to the HIPAA Privacy Rule, and begin with payment, as modified in the Final Rule:  Modifications to the HIPAA Privacy, Security, Enforcement, and Breach Notification Rules Under the Health Information Technology for Economic and Clinical Health Act [HITECH Act] and the Genetic Information Nondiscrimination Act; Other Modifications of the HIPAA Rules, which was published in the Federal Register on January 25, 2013.  The effective date of the Final Rule is March 26, 2013, and covered entities and business associates must comply by September 23, 2013. Here is the discussion in the Final Rule related to the proposed modification to the…

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HIPAA Final Rule: Enforcement–Factors for Determining Civil Money Penalties for HIPAA Violations

February 25, 2013.  Today, we examine factors considered in determining the amount of a civil money penalty for a HIPAA violation that are modified in the Final Rule:  Modifications to the HIPAA Privacy, Security, Enforcement, and Breach Notification Rules Under the Health Information Technology for Economic and Clinical Health Act [HITECH Act] and the Genetic Information Nondiscrimination Act; Other Modifications of the HIPAA Rules, which was published in the Federal Register on January 25, 2013.  The effective date of the Final Rule is March 26, 2013, and covered entities and business associates must comply by September 23, 2013. The Department of Health and Human Services (HHS) identified “five general factors”…

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HIPAA Final Rule: HIPAA Privacy Rule & FERPA: Student Immunization Records

February 22, 2013.  Today, we examine modified HIPAA Privacy Rule considerations regarding healthcare provider disclosure of immunization records for students in the Final Rule:  Modifications to the HIPAA Privacy, Security, Enforcement, and Breach Notification Rules Under the Health Information Technology for Economic and Clinical Health Act [HITECH Act] and the Genetic Information Nondiscrimination Act; Other Modifications of the HIPAA Rules, which was published in the Federal Register on January 25, 2013.  The effective date of the Final Rule is March 26, 2013, and covered entities and business associates must comply by September 23, 2013. Student immunization records are protected under two federal laws:  HIPAA, via the HIPAA Privacy Rule, as…

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HIPAA Final Rule: Modification of Business Associate Definition, Part (6)–Exceptions

February 14, 2013.  Today, we finish examining the business associate definition, focusing on exceptions, as modified by the Final Rule:  Modifications to the HIPAA Privacy, Security, Enforcement, and Breach Notification Rules Under the Health Information Technology for Economic and Clinical Health Act [HITECH Act] and the Genetic Information Nondiscrimination Act; Other Modifications of the HIPAA Rules, which was published in the Federal Register on January 25, 2013.  The effective date of the Final Rule is March 26, 2013, and covered entities and business associates must comply by September 23, 2013. Paragraph (4) of the modified definition outlines 4 exceptions (45 CFR 160.103, Definitions, as shown at 78 Federal Register 5688):…

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HIPAA Final Rule: Modification of Business Associate Definition, Part (5)–Subcontractors

February 13, 2013.  Today, we finish examining (3)—the third paragraph of four—of the business associate definition, as modified by the Final Rule:  Modifications to the HIPAA Privacy, Security, Enforcement, and Breach Notification Rules Under the Health Information Technology for Economic and Clinical Health Act [HITECH Act] and the Genetic Information Nondiscrimination Act; Other Modifications of the HIPAA Rules, which was published in the Federal Register on January 25, 2013.  The effective date of the Final Rule is March 26, 2013, and covered entities and business associates must comply by September 23, 2013. Here is the last of three parts of this paragraph: “(3) Business associate includes:  (iii) A subcontractor that…

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HIPAA Final Rule: Modification of Business Associate Definition, Part (4)–Personal Health Record Vendor

February 12, 2013.  Today, we examine the role of the personal health record vendor in paragraph (3)—the third paragraph of four—of the business associate definition, as modified by the Final Rule:  Modifications to the HIPAA Privacy, Security, Enforcement, and Breach Notification Rules Under the Health Information Technology for Economic and Clinical Health Act [HITECH Act] and the Genetic Information Nondiscrimination Act; Other Modifications of the HIPAA Rules, which was published in the Federal Register on January 25, 2013.  The effective date of the Final Rule is March 26, 2013, and covered entities and business associates must comply by September 23, 2013. Here is the second of three parts of this…

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HIPAA Final Rule: Modification of Business Associate Definition, Part (3)

February 11, 2013.  Today, we start to examine (3)—the third paragraph of four—of the business associate definition, as modified by the Final Rule:  Modifications to the HIPAA Privacy, Security, Enforcement, and Breach Notification Rules Under the Health Information Technology for Economic and Clinical Health Act [HITECH Act] and the Genetic Information Nondiscrimination Act; Other Modifications of the HIPAA Rules, which was published in the Federal Register on January 25, 2013.  The effective date of the Final Rule is March 26, 2013, and covered entities and business associates must comply by September 23, 2013. Here is the first of three parts of this paragraph, (i), which is the subject of today’s…

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