Lessons from the Idaho State University CAP
Lessons from the Idaho State University CAP ...
ONC Releases Governance Framework for Trusted HIE
ONC Releases Governance Framework for Trusted...
EHR Vendor Loses Meaningful Use Certification
EHR Vendor Loses Meaningful Use...
Proposed Rules Extend EHR Donation Sunsets for Stark and Anti-Kickback
Proposed Rules Extend EHR Donation Sunsets for...
Joy Pritts, Special Guest Speaker at Seton Hall Law – HIPAA, HITECH and Our Cyber World
This coming Friday, April 19th, Seton Hall Law...
Meaningful Use Sees Impressive Payouts since Beginning
Meaningful Use Sees Impressive Payouts since...
HHS Releases RFI on Interoperability and HIE
HHS Releases RFI on Interoperability and...
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...
Note to Mr. Donald Trump: According to HHS’ New Omnibus Rule, You Can Have A Copy of That Birth Certificate in About 100 or so Years Because HIPAA Doesn’t Apply
Note to Mr. Donald Trump: According to HHS’ New...
New HHS Guidance on Laboratory COVID-19 Data Reporting Recognizes Valuable Role of HIEs
Late last week, HHS published new Guidance that specifies what additional data must be reported by laboratories along with COVID-19 test results. Reporting of certain data elements by laboratories are legally required, while reporting of other identifiable demographic data is encouraged but not mandatory. The Guidance notes that state and local privacy standards apply to the collection of identifiable demographic data. Importantly, HHS expressly supports health information exchanges (HIEs) being leveraged to facilitate required data collection and reporting.
Bill Aimed at Regulating COVID-19 Notification Apps Introduced in the Senate
The...
5 Reasons Why Your Training is Not Preventing HIPAA Violations by Employees
A State Court of Appeals recently reinstated a patient’s claim that an Indiana hospital is vicariously liable for the actions of its employee who shared the patient’s confidential information with an unauthorized third party. Although the lower court originally dismissed the case, the appellate court found that there is a “genuine issue of fact” and remanded the case for further proceedings. Now a potential monetary settlement teeters on the edge as the hospital’s potential liability for this employee’s HIPAA non-compliance rests in the hands of further proceedings in the lower court – so, you might want to ask why did this happen in the first place?
* HIPAA Training that is too basic and not focused on specific risk areas and organizational policies is not only non-compliant, but also largely ineffective.
* HIPAA covered entities should have clear policies and training that address specific employee behaviors that are “high risk” for HIPAA violations.
* Organizations must make sure they are training EVERYONE, and implementing effective Security Reminders.
“To Block, or Not to Block,” that is the question…
Deciding whether “to block, or not to block” health information based on an exception laid out in ONC’s Final Rule can quickly turn into a Shakespearean tragedy unless Actors understand in advance the specific criteria that must be met in order to satisfy any such applicable exception.
Changes on the Horizon for Part 2 Confidentiality Regulations
As part of its comprehensive COVID-19 response, Congress quietly passed through changes to the federal drug and alcohol confidentiality framework known as “Part 2” under the CARES Act, enacted on March 27. One of the more underreported components of the CARES Act, the changes do not completely overhaul the Part 2 regulations, however, they relax several restrictions that health care providers have struggled with, particularly in the electronic exchange and electronic health records (“EHR”) context (the “CARES Act Changes”).
Will ONC’s Final Rule put HIEs between a “Block and a Hard Place”?
Under the ONC’s Final Rule on Information Blocking, Health Care Providers, HIEs and HINs will be legally prohibited from interfering with the access, exchange, or use of EHI unless an exception applies. However, HIEs/HINs that are HIPAA Business Associates are not allowed to use or further disclose PHI other than as permitted or required by their HIPAA BAAs with respective health care providers. So, what happens if a Health Care Provider and its HIPAA Business Associate HIE/HIN disagree on whether an exception allows EHI to be withheld from access, exchange or use under a certain set of specific facts?
Subscribe & Survive the onslaught of new healthcare regulations requiring updates to affected compliance programs.
Get access to exclusive subscription-only access to resources, tools, industry analysis and other valuable solutions.