The Centers for Medicare and Medicaid Services (CMS) periodically issues new and updated Frequently Asked Questions (FAQs). HIPAA.com will periodically reproduce new and updated Questions and Answers pertaining to HIPAA Administrative Simplification standards and implementation specifications and to HITECH Act provisions that will be of interest to its readers. The FAQ [ID#9844] that follows is new, published by CMS on August 13, 2009. Question: Are physicians who practice in hospital-based ambulatory clinics eligible to receive the Recovery Act’s Medicare or Medicaid electronic health record (EHR) incentive payments. Answer: Hospital-based eligible professionals are ineligible for the EHR incentive payments under both Medicare and Medicaid. Our [Department of Health and Human Services] forthcoming NPRM…
Category: American Recovery and Reinvestment Act
HHS Secretary Delegates to ONC Head New HITECH Act Authority
Effective August 7, 2009, and published in the Federal Register on Tuesday, August 18, 2009, Secretary Kathleen Sebelius of the U.S. Department of Health and Human Services (HHS) has delegated authority to the National Coordinator for Health Information Technology, David Blumenthal, M.D., to administer “Subtitle B, ‘Incentives for the Use of health Information Technology,’ sections 3011 through 3017, with the exception of 3012(c)(5), the Financial Support subsection.” These sections and titles, which appear on pages 132-144 of the American Recovery and Reinvestment Act of 2009 (ARRA), signed by President Obama on February 17, 2009, available on the hipaa.com site, include: 3011 Immediate Funding to Strengthen the Health Information Technology Infrastructure,…
HHS’s Health IT Policy Committee 2011 Draft Meaningful Use Objectives and Measures for Public Comment
The HITECH Act of the American Recovery and Reinvestment Act of 2009, signed by President Obama on February 17, 2009, provides an electronic health record (EHR) adoption incentive program for healthcare providers who adopt certified electronic health records and use them in a meaningful way to improve patient care. The incentive program begins in January 2011 and terminates at the end of 2014 for new adopters of certified electronic health record technology. HHS’ Health Information Technology (IT) Policy Committee released on June 16, 2009, two documents pertaining to the definition of “meaningful use” for public comment by 5 PM ET, Friday, June 26, 2009. These documents are the Meaningful Use…
HHS’s HIT Policy Committee Releases Draft Recommendations on Meaningful Use for Public Comment
The HITECH Act of the American Recovery and Reinvestment Act of 2009, signed by President Obama on February 17, 2009, provides an electronic health record (EHR) adoption incentive program for healthcare providers who adopt certified electronic health records and use them in a meaningful way to improve patient care. The incentive program begins in January 2011 and terminates at the end of 2014 for new adopters of certified electronic health record technology. HHS’ Health Information Technology (IT) Policy Committee released on June 16, 2009, two documents pertaining to the definition of “meaningful use” for public comment by 5 PM ET, Friday, June 26, 2009. These documents are the Meaningful Use…
President Obama’s Council of Economic Advisers Outlines Economic Case for Health Care Reform
The Council of Economic Advisers in the Executive Office of the President published on Tuesday, June 2, 2009, The Economic Case for Health Care Reform. We provide an excerpt from the beginning of the Executive Summary that highlights “large economic impacts” of health care reform, and the report’s conclusion (Section VII on pp. 38-39) that highlights that the current “American health care system is on an unsustainable path.” Excerpt from Executive Summary The Council of Economic Advisers (CEA) has undertaken a comprehensive analysis of the economic impacts of health care reform. The report provides an overview of current economic impacts of health care in the United States and a forecast…
ARRA Stimulus Funds
On Thursday, May 28, 2009, the Office of the National Coordinator released guidance on the new Health IT Regional Extension Centers (HITRC). Section 3012 of the Public Health Service Act (PHSA), as added by the HITECH Act, authorizes a Health Information Technology Extension Program to make assistance available to all providers, but with priority access to Health IT for the uninsured, underinsured, historically underserved and other special-needs populations, and use of that technology to achieve reduction in health disparities. The major focus for the Centers’ work with most of the providers that they serve will be to help to select and successfully implement certified electronic health records (EHRs). Assistance is…
FTC Posts NPRM on Breach Notification Rule for e-Health Information
On April 17, 2009, the Federal Trade Commission issued a notice of proposed rulemaking that requires vendors of personal health records and related entities such as non-profit organizations that offer PHRs, to notify individuals when the security of their individually identifiable health information is breached. The NPRM seeks to conform with rules from HHS that safeguard protected health information, but the FTC proposed rule applies to non HIPAA-covered entities that are not subject to HIPAA privacy and security requirements. Of the many comments the FTC seeks is to identify entities that would fall under this ruling. We believe this rule will strengthen the trust consumers/patients have in sharing information in their…
Business Associate To-Do List
What are Business Associates Required to Do to Meet HIPAA Requirements? With passage of the American Recovery and Reinvestment Act (ARRA), privacy and security compliance increased significantly with business associates immediately required to comply directly with many of HIPAA’s rules. It also dramatically expanded other remedial actions (such as increasing federal government audits; granting attorneys fees in some HIPAA lawsuits; and allowing a method for individuals to recover penalties under HIPAA). Business associates also are subject to civil and criminal penalties , including a provision that allows individuals to receive financial compensation for the violation. If you are a business associate, your “To-Do” list looks similar to the list the…
ARRA’s HITECH Privacy Provisions Apply HIPAA Security Rule to Business Associates
President Obama signed into law the American Recovery and Reinvestment Act of 2009 (ARRA) on Tuesday, February 17, 2009. The Health Information Technology for Economic and Clinical Health Act (HITECH) provisions of ARRA in Title XIII include important changes in Privacy (Subtitle D). Our focus in this posting is the change related to business associates under HIPAA Administrative Simplification that is specified in Section 13401: Application of Security Provisions and Penalties to Business Associates of Covered Entities. In this section, administrative, physical, and technical safeguards, and policy, procedure, and documentation requirements of the HIPAA Administrative Simplification Security Rule “shall apply to a business associate of a covered entity in the…
American Recovery and Reinvestment Act of 2009
ONE HUNDRED ELEVENTH CONGRESS of the UNITED STATES of AMERICA American Recovery and Reinvestment Act of 2009 Making supplemental appropriations for job preservation and creation, infrastructure investment, energy efficiency and science, assistance to the unemployed, and State and local fiscal stabilization, for the fiscal year ending September 30, 2009, and for other purposes. AGENCY: 111th US Congress. ACTION: Act. Download (Requires Acrobat Reader)