Proposed Rules Extend EHR Donation Sunsets for Stark and Anti-Kickback Earlier this month, CMS and OIG proposed amendments to and extension of the temporary Stark exception and Anti-kickback safe harbor for electronic health record (EHR) donations to physicians. The Proposed EHR Rules...

What Do I Need To Do to Comply with the HITECH Omnibus Rule? (the short version, please)
What Do I Need To Do to Comply with the HITECH Omnibus Rule? (the short version, please) The HITECH Omnibus Rule clocked-in at 563 pages, and we have read, digested and condensed the nuts and bolts for you here in our February 2013 edition of our Health Law Diagnosis newsletter. But if...
FINALLY! HHS Releases the Final HIPAA/HITECH Omnibus Rule.
FINALLY! HHS Releases the Final HIPAA/HITECH Omnibus Rule. Finally, the long awaited Final Rules are out. The Department of Health and Human Services (HHS) posted the HIPAA/HITECH “Omnibus Rule” on January 17, 2013 at 4:15 pm. You can download a copy here, or go straight to the source...
“Final Countdown” to the HITECH Omnibus Rule
“Final Countdown” to the HITECH Omnibus Rule The date for publication of the HITECH “Omnibus Rule” has become a contest for some. Data breach consultant, IdExperts, has launched a “Final Coundown” contest for individuals to guess the date on which the Omnibus Rule will actually be...
HITECH Omnibus Rule Out by End of Summer
HITECH Omnibus Rule Out by End of Summer HealthDataManagement reports that the HITECH “Omnibus Rule” is due to be released by the end of the summer, according to Farzad Mostashari, the National Coordinator for Health Information Technology within the Office of the National Coordinator...
HITECH Omnibus and AOD Rules Set for OMB Review
HITECH Omnibus and AOD Rules Set for OMB Review Health Data Management reports that the long-awaited HITECH Omnibus Rule as well as the Accounting of Disclosures (AOD) Rule are set for OMB review. Expected also are proposed regulations for Meaningful Use Stage 2. HHS released its...
ACO Rule Keeps HIE Consent “On the Fence”
When DHHS published its Proposed ACO Rule in April 2011 and then the Final ACO Rule in November 2011 (I’ll refer to them as the “ACO Rules”), discussions focused predominately on issues such as who is “qualified” to participate, what the required governance structure should be, what methodology will be used to assign Medicare beneficiaries, and what the payment models will be. However, as I digested the ACO Rules, my reading deliberately slowed down as I zeroed in on the not unremarkable language and comments CMS included with regard to sharing individually identifiable health information in the ACO context.
California HIE Demonstration Projects to Move Ahead with Opt-In Framework
California HIE Demonstration Projects to Move Ahead with Opt-In Framework This past Wednesday, the California Office of Health Information Integrity (CalOHII) released a comprehensive whitepaper examining patient consent and other HIE framework efforts for entities participating in the...
New Hampshire HIO Hits the Ground Running
New Hampshire HIO Hits the Ground Running After years of collaboration and planning, New Hampshire has announced the launch of its Health Information Organization, the NH-HIO, developed with the help of the New Hampshire Department of Health and Human Services Office of Health...
Maine Reverts Back to Opt-Out Approach for HIE
Maine Reverts Back to Opt-Out Approach for HIE In my previous post (April 26, 2011), I discussed legislation proposed by privacy advocates in Maine which would require, among other things, that patients “opt-in” before any information could be collected, accessed or disclosed through...
HHS Releases Proposed Rule for Accounting of Disclosures
HHS Releases Proposed Rule for Accounting of Disclosures A Notice of Proposed Rulemaking (NPRM) concerning the accounting of disclosures (AOD)requirement under the HIPAA Privacy Rule was posted last Friday, May 31, 2011. The U.S. Department of Health and Human Services’ (HHS) Office...
OCR Will Address Almost Everything in HITECH Omnibus Rule
OCR Will Address Almost Everything in HITECH Omnibus Rule HealthDataManagementhas quoted Susan McAndrew, deputy director of health information privacy in the Department of Health and Human Services, OCR, as saying that the final rules implementing the HITECH Act are to be released...
Maine Considers Opt-In Requirement for HIEs
Maine Considers Opt-In Requirement for HIEs New legislation has been proposed by privacy advocates in Maine that would govern how patient information is shared through the statewide HIE, HealthInfoNet. LD 1337, which is entitled “The Act to Ensure Patient Privacy and Control with...
NJ ACO Pilot Bill Approved by Senate Budget and Appropriations
NJ ACO Pilot Bill Approved by Senate Budget and Appropriations See prior Legal HIE post “NJ ACOs, will they fly?” NEWS RELEASE Reprinted from: http://www.njsendems.com/release.asp?rid=3846 For Release: ImmediateThursday, March 03, 2011 Contact: Jason Butkowski(609) 292-5215 TRENTON – A...
Kansas Aligns State Privacy Laws with HIPAA as HIE Standard
Kansas Aligns State Privacy Laws with HIPAA as HIE Standard Today, the State of Kansas’ Senate committee approved (by a vote of 39-0) Senate Bill 133 to align the state’s privacy laws with HIPAA. The Kansas Health Information Exchange, Inc. (the state’s RHIO) testified before the Senate...