42 C.F.R. Part 2 Final Rule Amending Privacy of Substance Use Disorder Records Released.
The Final Rule amending 42 CFR Part 2 finalizes changes that will align uses and disclosures of Part 2 information with HIPAA for treatment, payment & health care operations. Part 2 providers and others who must comply with Part 2 and this Final Rule have two (2) years to get into compliance. Read more about the changes and how we can help with compliance.
Meet New Jersey’s Brand New Data Privacy Act and Its Impact on Healthcare Organizations & Others
The New Jersey Data Privacy Act (NJDPA) was enacted on January 16, 2024. Although PHI collected by a HIPAA CE or BA is excluded from the NJDPA HIPAA CEs and BAs are NOT wholly excluded from compliance with the NJDPA. Also, HHS’ recent problematic interpretation that IP addresses collected by a healthcare provider’s website may be PHI adds even more complexity in interpreting the NJDPA.
American Hospital Association Sues HHS for its HIPAA Online Tracking Guidance
The American Hospital Association, joined by a few others, has sued the federal government to enjoin them from enforcing their published Guidance on “Use of Online Tracking Technologies by HIPAA Covered Entities and Business Associates.”
Hefty Monetary Disincentives Proposed for Health Care Providers Engaged in Information Blocking – But Not Every Provider Is on the Hook.
The Proposed Rule for enforcement is out, and the potential financial “hit” that health care providers may face if the OIG finds them to have violated the Information Blocking Rule (IBR) could be substantial, but don’t get spooked. The reach of the proposed enforcement has limitations. Read more to find out why.
Is Your Organization Paying for the Cost of Health Care? You Might be Responsible for a Health Plan with HIPAA Compliance Obligations.
OCR reaches a new $1.3 million dollar settlement with a health plan for HIPAA violations. OCR says, “HIPAA-regulated entities need to be proactive in ensuring their compliance with the HIPAA Rules, and not wait for OCR to reveal long-standing HIPAA deficiencies.” Employers that offer Employee Benefits must evaluate if they are responsible for a health plan with HIPAA compliance obligations.
Penalties for Violation of the Information Blocking Rule Start Today!
OIG’s authority to begin enforcement of the Information Blocking Rule begins September 1, 2023. Certain Actors subject to the Information Blocking Rule may be subject up to a $1 million penalty per violation! Actors need to be proactive in ensuring their compliance with the Information Blocking Rule and not wait for the OIG to discover them.
Lessons Learned from Real Time vs. PointClickCare: Mind your Information Blocking Ps and Qs
A federal district judge has granted preliminary injunctive relief to Real Time Medical Systems, Inc. (“Real Time”) barring the defendant, PointClickCare (“PCC”), from deploying unsolvable CAPTCHAs that interfered with Real Time’s ability to access the data of its skilled nursing facility customers that utilized PCC. As Judge Xinis wrote in the opinion, “No evidence supports that PCC had any legitimate good faith use for wholly inscrutable CAPTCHAs which, by definition, blocked Real Time from getting the very records it needs to exist….But even more damning is the timing of such deployments, which support that PCC used those CAPTCHAs as a device to hamstring or eliminate Real Time as a competitor.” Keep reading for additional details regarding Real Time’s complaints against PointClickCare.
Update: On August 19, 2024, PointClickCare filed a Motion to Expedite Appeal with the United States Court of Appeals for the Fourth Circuit.
HIPAA Reproductive Health Care Privacy – Attestation Template, Policy Samples, updated HIPAA policies, a HIPAA-New Jersey Reproductive Health Care Law crosswalk, and more!
June 25, 2024 has arrived! This means that the Final Rule for HIPAA Privacy to Support Reproductive Health Care Privacy is officially in effect, and HIPAA covered entities and business associates may now begin implementing its new requirements! But there are still many questions about how some of the new requirements should be implemented. Among those giving covered entities and business associates the most angst is the new Attestation requirement.
Who’s On First? Confusion Continues About Who Should be Reporting the Change Healthcare PHI Breaches (UPDATED)
What should covered entity healthcare providers be considering and doing, especially where Change Healthcare has yet to take any affirmative breach notification actions? In this post, I take a deeper dive into key issues and share suggestions on steps covered entities may wish to take in order to manage ongoing uncertainties and risks that continue to simmer as a result of the Change Healthcare incident.
42 C.F.R. Part 2 Final Rule Amending Privacy of Substance Use Disorder Records Released.
The Final Rule amending 42 CFR Part 2 finalizes changes that will align uses and disclosures of Part 2 information with HIPAA for treatment, payment & health care operations. Part 2 providers and others who must comply with Part 2 and this Final Rule have two (2) years to get into compliance. Read more about the changes and how we can help with compliance.
Meet New Jersey’s Brand New Data Privacy Act and Its Impact on Healthcare Organizations & Others
The New Jersey Data Privacy Act (NJDPA) was enacted on January 16, 2024. Although PHI collected by a HIPAA CE or BA is excluded from the NJDPA HIPAA CEs and BAs are NOT wholly excluded from compliance with the NJDPA. Also, HHS’ recent problematic interpretation that IP addresses collected by a healthcare provider’s website may be PHI adds even more complexity in interpreting the NJDPA.
American Hospital Association Sues HHS for its HIPAA Online Tracking Guidance
The American Hospital Association, joined by a few others, has sued the federal government to enjoin them from enforcing their published Guidance on “Use of Online Tracking Technologies by HIPAA Covered Entities and Business Associates.”
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