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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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Sequestration of Sensitive Data with HIE: A New Jersey Pilot

Sequestration of Sensitive Data with HIE: A New Jersey Pilot

Apr 30, 2011

One NJ HIE pilot is testing “plug in” software that scans data residing in the HIE repository and “tags” it where certain terms are found which correspond to rules developed around state and federal laws restricting access to such information unless certain pre-conditions have been met, such as the patient giving prior written consent. Once identified, the tagged data element, or document if it is not a discrete data segment, is removed from viewing, but leaving a “flag” noting that certain information is incomplete and that additional requirements need to be met before it can be accessed i.e., the patient’s affirmative consent has been obtained.

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