NOW LIVE! The Updated 42 C.F.R. Part 2 Helper is Available!

NOW LIVE! The Updated 42 C.F.R. Part 2 Helper is Available!

by | Mar 2, 2025 | , , ,

The wait is finally over!! Our brand-new, UPDATED 42 C.F.R. Part 2 Helper compliance package is now live for current members of Legal HIE. Loaded with carefully crafted checklists, tools, sample forms, policies, and training resources, all updated for the Part 2 Final Rule, it’s just what the doctor ordered for every organization to stay miles ahead of the February 16, 2026 compliance deadline! Read our new blog post for more information about what’s included with our Part 2 Helper and to get access to a sample checklist to update your Part 2 consents!

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Tick Tock: The 42 CFR Part 2 Compliance Clock is Counting Down!

Tick Tock: The 42 CFR Part 2 Compliance Clock is Counting Down!

by | Feb 16, 2025 | , ,

One year. That’s all the time left before the February 16, 2026 compliance deadline for the 42 CFR Part 2 Final Rule officially arrives. If you haven’t started preparing yet, now is the perfect time to get things in motion. One of the most challenging aspects of Part 2 implementation is the new consent structure. While the new consent for treatment, payment, and health care operations (“TPO consent”) introduces opportunities for improved data sharing and alignment with HIPAA, it is also complex and requires careful implementation. To help navigate these changes, today’s post offers readers a checklist of the key elements required in Part 2 consents.

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HIPAA Reproductive Health Care Privacy – Attestation Template, Policy Samples, updated HIPAA policies, a HIPAA-New Jersey Reproductive Health Care Law crosswalk, and more!

HIPAA Reproductive Health Care Privacy – Attestation Template, Policy Samples, updated HIPAA policies, a HIPAA-New Jersey Reproductive Health Care Law crosswalk, and more!

by | Jun 26, 2024 | ,

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.

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ONC Vindicated. Patients Want Immediate Access to Test Results

ONC Vindicated. Patients Want Immediate Access to Test Results

by | Mar 24, 2023 | , ,

JAMA published a study earlier this week finding more than 95% wanted immediate access to test results. However, when speaking to ONC, the study’s lead researcher specifically noted that although 95.3% of patients who received abnormal test results responded that they still would like to continue to receive immediately released results, this was associated with nearly twice the likelihood of worry compared to respondents who received normal results.

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ONC Releases Answers to Frequently Asked Questions to Information Blocking

ONC Releases Answers to Frequently Asked Questions to Information Blocking

by | Nov 4, 2020 | ,

On Monday, ONC posted a new Information Blocking Frequently Asked Questions resource!  Here are a few of the highlights from all of the FAQs responded to by ONC:

Q:  Are health plans or other payers subject to the information blocking regulation?

Q: For the period of time when Information Blocking is limited to USCDI data, how is an Actor expected to fulfill a request for USCDI data if they do not yet have certified health IT in place that includes an API with the USCDI standard?

Q: Is an Actor required to fulfill a request for access, exchange or use of EHI with all the EHI they have for a patient or should the amount of EHI be based on the details of the request?

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Who is on the “Hook” for Information Blocking?

Who is on the “Hook” for Information Blocking?

by | Oct 21, 2020 | ,

ONC’s final rule on Information Blocking implements the 21st Century Cures Act and fleshes out what is and is not a prohibited information blocking practice.  However, not all health care organizations and their vendors are on the hook for complying with this new regulation. In my post today, I want to drill down on the scope of health care providers that must comply with the Information Blocking Rule.

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Do I Need a HIPAA Business Associate Agreement?

Do I Need a HIPAA Business Associate Agreement?

by | Apr 5, 2020 | , ,

A HIPAA “Business Associate” is a person, other than a member of the workforce, who creates, receives, maintains or transmits PHI in the performance of services or functions for or on behalf of a Covered Entity. Treatment and Payment disclosures do NOT create a HIPAA BA relationship. Conduits are not HIPAA BAs, but the exception is very narrow. Covered Entities should review each HIPAA BA Agreement is needed, or not.

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