The 800-pound gorilla at the center of health information transformation is the patient. This sleeping giant is slowly emerging from hibernation, and watch out when it wakes up. Folded into ARRA’s HITECH Act are provisions that require health care providers to “Provide patients and families with access to data, knowledge, and tools to make informed decisions and to manage their health.” If you are a caregiver, or manage a chronic disease, this policy will have a profound effect on you. While my sister and brother battled terminal aggressive cancers, it was their caregiver who carried the pharmacological list of medications, nutritional supplements, allergies, adverse reactions, near fatal overdoses, sleep patterns,…
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FTC Delays “Red Flags” Rule for Third Time
The Federal Trade Commission announced a third delay, from August 1, 2009, to November 1, 2009, for compliance with the identity theft prevention red flags rule. The delay is for another three months. Compliance originally was scheduled for November 1, 2008, then delayed the first time until May 1, 2009. Entities affected are creditors and financial institutions. Healthcare providers that extend delayed payment plans to patients are deemed “creditors” under the red flags rule. This delay was to give affected entities more time to develop and implement written identity theft prevention policies and procedures for compliance with the rule, which is based on enabling regulations of provisions in the Fair and Accurate…
Categories Red Flags RulesLeave a commentTransmission Security Encryption: What to Do and How to Do It
In our series on the HIPAA Administrative Simplification Security Rule, this is the second of two implementation specifications for the Technical Safeguard Standard, Transmission Security. This implementation specification is addressable. Addressable does not mean “optional.” Rather, an addressable implementation specification means that a covered entity must use reasonable and appropriate measures to meet the standard. As we noted in earlier postings on HIPAA.com, business associates of covered entities will be required to comply with the Security Rule safeguard standards, beginning February 17, 2010. This requirement is one of the HITECH Act provisions of the American Recovery and Reinvestment Act (ARRA), signed by President Obama on February 17, 2009. What to…
Categories HIPAA Law1 CommentTransmission Security Integrity Controls: What to Do and How to Do It
In our series on the HIPAA Administrative Simplification Security Rule, this is the first implementation specification for the Technical Safeguard Standard, Transmission Security. This implementation specification is addressable. Addressable does not mean “optional.” Rather, an addressable implementation specification means that a covered entity must use reasonable and appropriate measures to meet the standard. As we noted in earlier postings on HIPAA.com, business associates of covered entities will be required to comply with the Security Rule safeguard standards, beginning February 17, 2010. This requirement is one of the HITECH Act provisions of the American Recovery and Reinvestment Act (ARRA), signed by President Obama on February 17, 2009. What to Do Implement…
Categories HIPAA LawLeave a commentTransmission Security: What This HIPAA Security Rule Technical Safeguard Standard Means
This is the fifth and last Technical Safeguard Standard of the HIPAA Administrative Simplification Security Rule. It has two implementation specifications: integrity controls; and encryption. Each is addressable. Addressable does not mean “optional.” Rather, an addressable implementation specification means that a covered entity must use reasonable and appropriate measures to meet the standard. As we have noted in earlier postings on HIPAA.com, business associates of covered entities will be required to comply with the Security Rule safeguard standards, beginning February 17, 2010. This requirement is one of the HITECH Act provisions of the American Recovery and Reinvestment Act (ARRA), signed by President Obama on February 17, 2009. For compliance with…
Categories HIPAA LawLeave a commentPerson or Entity Authentication: What to Do and How to Do It
In our series on the HIPAA Administrative Simplification Security Rule, this is the fourth Technical Safeguard Standard. There is not a separately described implementation specification. Rather, this standard’s implementation specification is connoted in the language of the standard and is required. As we have noted in earlier postings on HIPAA.com, business associates of covered entities will be required to comply with the Security Rule safeguard standards, beginning February 17, 2010. This requirement is one of the HITECH Act provisions of the American Recovery and Reinvestment Act (ARRA), signed by President Obama on February 17, 2009. What to Do A covered entity is required to implement procedures to verify that a…
Categories HIPAA LawLeave a commentPerson or Entity Authentication: What This HIPAA Security Rule Technical Safeguard Standard Means
This is the fourth Technical Safeguard Standard of the HIPAA Administrative Simplification Security Rule. There is not a separately described implementation specification. Rather, this standard’s implementation specification is connoted in the language of the standard and is required. As we have noted in earlier postings on HIPAA.com, business associates of covered entities will be required to comply with the Security Rule safeguard standards, beginning February 17, 2010. This requirement is one of the HITECH Act provisions of the American Recovery and Reinvestment Act (ARRA), signed by President Obama on February 17, 2009. For compliance with this Technical Safeguard Standard, a covered entity is required to implement procedures to verify that…
Categories HIPAA LawLeave a commentPrivacy and Security in Disasters or Emergencies
Families searching for loved ones in a presidential-declared disaster, whether a hurricane, tornado, earthquake or unnatural disasters, should not have to also overcome HIPAA privacy roadblocks. As our nation winds down mid-western tornado season and steps up Hurricane season, review the guidance issued by DHHS after hundreds of thousand of Hurricane Katrina and Rita displaced citizens tried to locate loved ones. Privacy and Security in Disasters or Emergency Guidance If the president declares an emergency or disaster and the secretary of HHS declares a public health emergency, the secretary may waive sanctions and penalties against a covered hospital that does not comply with certain provisions of the HIPAA Privacy Rule,…
Categories PrivacyLeave a commentAccountability Key Privacy/Security Principle of Meaningful Use 2011 Objectives
On December 15, 2008, the Office of the National Coordinator for Health Information Technology of the U.S. Department of Health and Human Services (HHS) published its 11 page report: Nationwide Privacy and Security Framework for Electronic Exchange of Individually Identifiable Health Information. The eight principles in this report underpin the HIPAA Administrative Simplification Privacy and Security Rule standards, provide a foundation of the Privacy provisions of the HITECH Act in the American Recovery and Reinvestment Act of 2009, signed by President Obama on February 17, 2009, and are a key objective of proposed 2011 Objective recommendations for Meaningful Use published by HHS’ Health IT Policy Committee on June 16, 2009….
Categories Meaningful Use, PrivacyLeave a commentSafeguards Key Privacy/Security Principle of Meaningful Use 2011 Objectives
On December 15, 2008, the Office of the National Coordinator for Health Information Technology of the U.S. Department of Health and Human Services (HHS) published its 11 page report: Nationwide Privacy and Security Framework for Electronic Exchange of Individually Identifiable Health Information. The eight principles in this report underpin the HIPAA Administrative Simplification Privacy and Security Rule standards, provide a foundation of the Privacy provisions of the HITECH Act in the American Recovery and Reinvestment Act of 2009, signed by President Obama on February 17, 2009, and are a key objective of proposed 2011 Objective recommendations for Meaningful Use published by HHS’ Health IT Policy Committee on June 16, 2009….
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