Accounting of Disclosures Proposed Rule up for Review: The Beginning of a Collective Sigh of Relief or Covered Entities’ Newest Nightmare? Prepared by Krystyna H. Nowik, Esq. The Office of Management and Budget (OMB) has finally received the long-awaited proposed rule addressing...
U.S. Supreme Court to Consider Whether Prescription Data Mining is Protected under First Amendment In November 2010, legalhie.com mentioned that the Court of Appeals for the Second Circuit had issued its ruling that Vermont’s drug-marketing restrictions were unconstitutional. Vermont’s...
Drug Database Firms Have Much to be Thankful for this Past Thanksgiving as Second Circuit says “Good-Bye” to Vermont’s Drug Marketing Restrictions On November 23, 2010, the Court of Appeals for the Second Circuit issued its ruling that Vermont’s drug-marketing restrictions were...
“Psychotherapy Notes” may Come Out From the Drawer Currently, “psychotherapy notes” remains a very, very narrowly defined term under the Privacy Rule, and does not include general mental health information, including progress notes. The exact definition is: Psychotherapy notes means...
HHS Thinks Rite Aid Disposal Policies Are “In the Dumps” Prepared by Krystyna Nowik. In a recent settlement agreement, Rite Aid Corporation and its affiliated entities have agreed to shell out $1 million in order to settle potential HIPAA violations. The Office of Civil Rights (OCR)...
Oh where, Oh where has the Security Breach Rule gone? Today, I was going to draft a follow up article to my previous post to address whether notification was required under the Security Breach Notification Rule. However, when I sat down to begin typing, I discovered that the Breach Rule...
Aetna “forgets” file cabinet full of patient information A reminder to all covered entities out there that may be considering selling their business – don’t forget your file cabinet!! (or computers .. or disks … or seemingly “empty” boxes where PHI may be lurking.....well, you get the...