HIPAA Final Rule: Breach Notification Guidance Safe Harbor

January 30, 2013.  Today, we look at the definition of unsecured protected health information and the Guidance Specifying the Technologies and Methodologies that Render Protected Health Information Unusable , Unreadable, or Indecipherable to Unauthorized Individuals [“Guidance”] as discussed in the January 25, 2013 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]; Other Modifications to the HIPAA Rules.  The Final Rule becomes effective on March 26, 2013, and requires compliance by covered entities and business associates on September 23, 2013. Here is the definition of unsecured protected health information: “protected health information that is…

READ MORE

OMB Clears HITECH Act Accounting of Disclosures NPRM

The Department of Health and Human Services (HHS) Office for Civil Rights (OCR), responsible for enforcement of the HIPAA Privacy, Security, and Breach Notification Rules, will issue a Notice of Proposed Rule Making (NPRM) to modify the HIPAA Privacy Rule as necessary to implement the accounting of disclosures provisions of Section 13405(c) of the Health Information Technology for Economic and Clinical Health Act (HITECH Act) (Title XIII of the American Recovery and Reinvestment Act of 2009–Public Law 111-5).  Section 13405(c) is entitled: Accounting of Certain Protected Health Information Disclosures Required if Covered Entity Uses Electronic Health Record. The NPRM was submitted on February 9, 2011, by HHS to the Office…

READ MORE

EHR Incentive and Certification Criteria Final Rules Published in Federal Register

The EHR Incentive and Certification final rules were published in the Federal Register this morning, July 28, 2010.  HIPAA.com provides the title, summary, effective date, and URL for each below. Department of Health and Human Services, Centers for Medicare & Medicaid Services, “42 CFR Parts 412, 413, 422, and 495;  Medicare and Medicaid Programs; Electronic Health Record Incentive Program; Final Rule, Federal Register, 75(144), Wednesday, July 28, 2010, pp. 44313-44588. Summary:  This final rule implements the provisions of the American Recovery and Reinvestment Act of 2009 (ARRA)(Public Law 111-5) that provide incentive payments to eligible professionals (EPs), eligible hospitals and critical access hospitals (CAHs) participating in Medicare and Medicaid programs…

READ MORE

OMB Completes Review of HIPAA/HITECH Act Privacy, Security, Enforcement Rule Modifications NPRM

On July 1, 2010, the Office of Management and Budget (OMB) completed review of the Notice of Proposed Rulemaking (NPRM) entitled: Modifications to the HIPAA Privacy, Security, and Enforcement Rules Under the Health Information Technology for Economic and Clinical Health Act [HITECH Act](RIN:  0991-AB57).  The NPRM was received at OMB for review on April 12, 2010.  It likely will be published in the Federal Register imminently. Legal authority for the NPRM is in Sections 13400 to 13410 of Subtitle D (Privacy) of the HITECH Act, which was enacted as part of the American Recovery and Reinvestment Act of 2009 (Public Law 111-5), enacted on February 17, 2009. Those sections cover:…

READ MORE

Clock Running Down on Business Associate Compliance with HIPAA Security Rule Required by HITECH Act

Less than one month to go:  Business Associates must comply with the HIPAA Security Rule no later than Wednesday, February 17, 2010.  Here are relevant provisions from the American Recovery and Reinvestment Act, Public Law 111-5, which included HITECH Act Subtitle D:  Privacy. 42 USC 17931 (PART 1–IMPROVED PRIVACY PROVISIONS AND SECURITY PROVISIONS, Section 13401:  Application of Security Provisions and Penalties to Business Associates of Covered Entities; Annual Guidance on Security Provisions). (a)  APPLICATION OF SECURITY PROVISIONS.–Sections 164.308 (Administrative Safeguards), 164.310 (Physical Safeguards), 164.312 (Technical Safeguards), and 164.316 (Policies and Procedures and Documentation Requirements) of title 45, Code of Federal Regulations, shall apply to a business associate of a covered…

READ MORE

HHS Publishes Proposed Rule for Electronic Health Record Incentive Program

HHS published today in the Federal Register:  “Medicare and Medicaid Programs–Electronic Health Record Incentive Program; Proposed Rule.”  75 FR 1844-2011.  Comments on this Notice of Proposed Rulemaking (NPRM) may be submitted to HHS no later than March 15, 2010.  Here is the Summary from the NPRM: “This proposed rule would implement the provisions of the American Recovery and Reinvestment Act of 2009 (ARRA)(Public Law 111-5) that provide incentive payments to eligible professionals (EPs) and eligible hospitals participating in Medicare and Medicaid programs that adopt and meaningfully use certified electronic health record (EHR) technology.  The proposed rule would specify the initial criteria an EP and eligible hospital must meet in order…

READ MORE