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Jan 31, 2025 / By

State HIE Sued for Alleged “Unauthorized” Use of PHI for Research

On January 3, 2025, a significant lawsuit was filed against a state HIE. The case was brought by a former employee and whistleblower who alleges that the HIE permitted unauthorized access and use of PHI for research purposes in violation of federal and state law, as well as operational policies. Although the facts that are currently known to the public are not sufficient to conclude whether or not HIPAA’s standards applicable to research were met, this case has the potential to influence not only the immediate parties involved but also broader interpretations of HIPAA compliance and enforcement in research settings. At a minimum, the case serves as a reminder that HIEs should be taking proactive steps to ensure that their internal policies, data use agreements, and HIPAA BAAs explicitly address research-related and similar activities in compliance with federal and state laws, including HIPAA.

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Jan 6, 2025 / By

TEFCA Anticipated to Grow in 2025

Since TEFCA went live in December 2023, eight (8) organizations have been designated as Qualified Health Information Networks (QHINs). Each QHIN is a large information network that represents up to hundreds of HINs, health systems, public health agencies, payers, and IT vendors. Epic and Carequality recently announced that they would align their frameworks with TEFCA. TEFCA’s growth will be further supported by regulatory measures to incentivize network participation, such as the Information Blocking Rule.

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Dec 16, 2024 / By

Health Data, Technology, and Interoperability Rules, HTI-1, 2, & 3

The landscape of health IT regulation just took another significant leap forward. In the final days of 2024, federal regulators dropped two game-changing rules—HIT-2 and HTI-3—adding to the foundation set by HTI-1. Together, these regulations are reshaping how healthcare organizations approach interoperability, data sharing, and compliance in an era of rapidly evolving technology. But what do these latest rules really mean for healthcare providers, developers, and patients? Let’s break down the impact and key takeaways you need to know.

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Don’t Miss CMS’s Engagement Calls for Ongoing COVID-19 Developments

Don’t Miss CMS’s Engagement Calls for Ongoing COVID-19 Developments

Jul 6, 2020

Need access to current information about COVID-19 and Medicare? CMS is holding stakeholder engagement calls to provide an opportunity for hospitals, health systems, and providers. The Webcast sessions are intended to provide updates, share best practices among peers, and offer attendees an opportunity to ask questions of CMS and other subject matter experts.

CMS Issues Telehealth Encounter Guidance for Quality Reporting Programs

CMS Issues Telehealth Encounter Guidance for Quality Reporting Programs

Jul 3, 2020

New telehealth encounter guidance is available for the Promoting Interoperability Programs and Quality Payment Program. There are 42 telehealth codes eligible for inclusion within the eligible professional/eligible clinician eCQMs for the 2020 performance period. For the 2021 performance period, 39 telehealth codes would be eligible, however, there are also additional eCQMs identified as not eligible for telehealth encounters.

Why Privacy & Consent Will Remain a Central Hurdle to Health Info Exchange Despite the Info Blocking Rule

Why Privacy & Consent Will Remain a Central Hurdle to Health Info Exchange Despite the Info Blocking Rule

Jun 23, 2020

Under the Privacy Exception, an Actor is permitted to not fulfill a request received to access, exchange, or use EHI to protect an individual’s privacy. The sub-exception for a “precondition-not-satisfied” will continue to put state laws governing privacy and consent at the center of decisions about whether EHI will be shared with third parties. Healthcare providers and HIEs/HINs especially will need to ensure that they have identified and analyzed each legal precondition to the release of EHI that is applicable to the particular type of entity and type of information that is implicated.

Is Your Organization Ready to Send Patient Information to Apps by November?

Is Your Organization Ready to Send Patient Information to Apps by November?

Jun 19, 2020

Becker’s Hospital Review reported that 70% of CIOs are “concerned” about meeting the upcoming November 2nd deadline for complying with the Final Rules prohibiting information blocking practices. This is according to a survey conducted by CHIME, which included responses from executives at academic medical centers, critical access hospitals, multi-hospital systems and specialty hospitals.  Although the survey did not appear to identify specifically what concerns CIOs about complying with information blocking rules by this fall, one possibility is fully understanding how ONC’s information blocking rules will apply to releasing patients’ EHI to third-party apps.

WEBINAR: Learn Which HIPAA Policies to Revise for ONC’s New Information Blocking Rule, Plus More!

WEBINAR: Learn Which HIPAA Policies to Revise for ONC’s New Information Blocking Rule, Plus More!

Jun 9, 2020

Join the NJ Chapter of HIMSS and Helen Oscislawski for this Webinar to get a lean and focused overview of what you need to do to comply with ONC’s and CMS’s final rules implementing the 21st Century Cures Act. On April 24, 2020, the OIG also released its Proposed Rule on CMPs to be imposed against Actors who engage in prohibited “Information Blocking.” These new rules turn on their heads certain HIPAA policies and procedures.

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