On January 25, 2013, the Department of Health and Human Services (“HHS”) published final regulations making important changes to requirements under the Health Insurance Portability and Accountability Act of 1996 (“HIPAA”). The final regulations are the result of a rulemaking process that has taken over two years and implement changes made in the Health Information Technology for Economic and Clinical Health Act (“HITECH”), which was enacted as part of the American Recovery and Reinvestment Act of 2009, and in the Genetic Information Nondiscrimination Act of 2008 (“GINA”). The new regulations are effective March 26, 2013, and most entities will have to comply by September 23, 2013.
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