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Health Update - Jan 27, 2014

Going Digital with Patients: Managing Potential Liability Risks of Patient-Generated Electronic Health Information - Patients are increasingly using new electronic tools, such as personal health records and mobile...more

Cloud Storage Providers Storing Protected Health Information May Be Obligated to Comply with HIPAA Regulations

A recently issued government rule may unknowingly create significant liability and legal risk for many technology enterprises. The expanded definition of "business associates" and related interpretations by the Department of...more

HIPAA Final Omnibus Rule Brings “Sweeping Change” to Health Care Industry

On January 17, 2013, the U.S. Department of Health and Human Services (HHS) announced the release of the HIPAA final omnibus rule, which was years in the making. The final rule makes sweeping changes to the HIPAA compliance...more

One Week to Get Business Associate Agreements Executed Under HIPAA Omnibus Rule’s Grandfather Clause

On Jan. 17, 2013, the long-awaited HIPAA “Omnibus Rule” went on display at the Federal Register, finalizing changes to the HIPAA Privacy, Security, Breach Notification, and Enforcement Rules....more

Evolution and Refinement: Recent Texas Legislative Efforts on Medical Records, Corporate Practice, and Other Issues

In This Presentation: Question 1: • If a physician complies with HIPAA, he or she has also complied with all requirements of Texas’ medical privacy laws. • True •...more

The HIPAA Auditors Are Coming. Are You Ready?

On June 10, 2011, the U.S. Department of Health and Human Services’ Office for Civil Rights (“OCR”) awarded KPMG a $9.2 million contract to develop a pilot HIPAA audit program mandated under the HITECH...more

Health Care Credentialing Update – November 2011

In this issue; - Illinois Trial Court Upholds Patient Safety Act Privilege Protection of Walgreens Patient Safety Work Product in Case of First Impression - Ethical Challenges in Healthcare Quality and Risk...more

Health Care Update – November 2011

In this issue; - Illinois Trial Court Upholds Patient Safety Act Privilege Protection of Walgreens Patient Safety Work Product in Case of First Impression - Health Care Practice and Attorneys Recognized in Chambers,...more

Points & Authorities - Special Issue Fall 2011

In This Issue: - A Good Way to Give Bad News: Recent Amendment to California’s Breach Notification Statute - Accountable Care Organizations: The Private Sector Will Lead - New Faces - Points from the...more

Beyond the Cover Story Part 2: The Final ACO Regulations - November 9, 2011 (Presentation)

In This Presentation: What Guidance is Available? What is an ACO? Application; Agreement; Governance; Leadership; Two Shared Savings Models; Shared Savings Payments; Appeals; Assignment of Beneficiaries; Fraud and Abuse;...more

SZD Health Law Strategist: Vigorous HIPAA Privacy Rule enforcement; Impact of Sunshine Law on physicians

Vigorous HIPAA Privacy Rule enforcement With the announcements of Cignet’s $4.3 million civil monetary penalties and two recent resolution payments, HHS’ Office of Civil Rights sent a clear message that it is serious about...more

HIPAA Enforcement Against UCLA and New Rule Proposal Bring Scrutiny to Workforce Access to Health Information

On May 31, 2011, the Office of Civil Rights (OCR) of the U.S. Department of Health and Human Services (HHS) issued a notice of proposed rulemaking (NPRM) that would provide individuals with a new right under HIPAA. The NPRM...more

How ACOs Will Use and Disclose Protected Health Information While Complying with HIPAA

The Centers for Medicare & Medicaid Services (CMS) has released proposed regulations establishing Accountable Care Organizations (ACOs) and creating the Medicare Shared Savings Program (the Program). The Program will permit...more

CMS and OIG Propose Waivers of Fraud and Abuse Laws for ACOs

On April 7, 2011, the Centers for Medicare & Medicaid Services and the Office of Inspector General published proposed waivers of federal fraud and abuse laws — specifically the Stark law, the federal anti-kickback statute and...more

ACO Update: Proposed ACO Fraud and Abuse Waivers Narrower than Expected

Recently issued regulations and other notices for comments have given health care providers guidance on how to organize and operate accountable care organizations (ACOs) in order to be eligible to receive payments under...more

ACO Update: Increased Exchange of PHI for ACO Participants; Beneficiaries Retain HIPAA Privacy Rights

Recently issued regulations and other notices for comments have given health care providers guidance on how to organize and operate accountable care organizations (ACOs) in order to be eligible to receive payments under...more

9 No-Nonsense Rules to Ensure a HIPAA-Compliant Health Care Social Media Strategy

Health care social media continues to be a hot-button issue for hospitals and other provider types around the country. Health care provider organizations considering taking a first step into social media often articulate...more

2010 Compliance Review -- What Did I Miss?

The Red Flags Rule The rules have been modified that "creditor" no longer includes any business that extends credit or permits payment plans for fees incident to its services. Because healthcare providers are no longer...more

Red Flag Program Clarification Act: A Change In The Red Flag Rules Tide?

After nearly two years of enforcement delays, the FTC’s Red Flag Rules finally became effective as of December 31, 2010. However, due to the Red Flag Program Clarification Act, signed into law on December 18, 2010...more

HHS Issues Guidance on Risk Analysis Required by HIPAA Security Rules

The U.S. Department of Health and Human Services (HHS) has issued draft Guidance on Risk Analysis for covered entities and business associates. This guidance was issued, in part, to fulfill HHS’s mandate under the Health...more

Security Standards: Mapping Massachusetts Regulations to HIPAA

Massachusetts has recently become the first state to mandate that those storing personal information of residents of Massachusetts comply with specific security practices as required under 201 CMR § 17.00. These standards...more

Federal Agencies Diverge on the Application of HIPAA’s Civil and Criminal Penalties By John Aloysius Cogan, Jr., Esq.

The two federal agencies charged with enforcing the privacy provisions of the Health insurance Portability and Accountability Act of 1996 (HIPAA) have taken diverging approaches to the enforcement of HIPAA. As a result, the...more

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