EHR

News & Analysis as of

OCR Releases Information on What Phase 2 HIPAA Audits Will Look Like

The HHS Office for Civil Rights (OCR) recently presented information about the new look of its Phase 2 audit program. The new audits will look little like the old ones, with OCR conducting the audits itself and focusing on...more

Federal agencies propose health IT regulatory framework, seek stakeholder input and participation in new initiatives

A little more than five years after the passage of the Health Information Technology Economic and Clinical Health (HITECH) Act, the Food and Drug Administration, Federal Communications Commission and the Office of the...more

Health Information Technology Policy Committee Approves MU Stage 3 Recommendations

On March 11, the Health IT Policy Committee (HITPC) voted to approve the meaningful use workgroup’s Stage 3 recommendations. The federal advisory committee’s recommendations will be presented to the Centers for Medicare &...more

First HIPAA Settlement with County Government

On March 6, 2014, the Department of Health and Human Services’ Office for Civil Rights settled potential HIPAA violations with the Skagit County Public Health Department in Washington State for $215,000. Initially, OCR’s...more

Hospital Executive Indicted for Allegedly Lying about Meaningful Use of Electronic Health Records

A hospital executive was recently indicted for allegedly submitting a false attestation regarding a hospital’s “meaningful use” of electronic health records (“EHR”) technology through the Medicare EHR incentive program. This...more

Health Update

Ten Years In: Charting the Progress of Health Information Exchange in the U.S. - HITECH: Federal Dollars Spur Adoption and Use: The modern era of HIE-related public policy began in May 2004 with the appointment...more

FTC Hosts Public Workshop, “Examining Health Care Competition”

During the last several years, the Federal Trade Commission (FTC) has taken an active role in antitrust enforcement in the health care industry, particularly with respect to hospital and physician group acquisitions. Last...more

Durable Power of Attorney Health Care Law Amended to Allow Immediate Access to Health Information

Recent changes to the durable power of attorney health care (“DPAHC”) law went into effect on March 20, 2014. Previously, an executed DPAHC would not operate to authorize the attorney in fact to obtain the principal’s...more

HHS Releases Guidance On Disclosure Of Mental Health Information Under HIPAA

The HHS Office for Civil Rights issued guidance in question-and-answer format clarifying when a provider may release information regarding a patient’s mental health to family members, friends, law enforcement, and others. The...more

CMS Expands Hardship Exemption for Stage 2 Meaningful Use

CMS Administrator Marilyn Tavenner announced on March 11, 2014, an expansion of the hardship exemption available to eligible providers who were unable to attest to being meaningful users under the Stage 2 Meaningful Use Rule...more

Get Ready! HHS OCR Announces Next Round of HIPAA Audits

To combat new risks associated with rapidly evolving health information technology, the Health Insurance Portability and Accountability Act (HIPAA) and the Health Information Technology for Economic and Clinical Health Act...more

Health Law Blog: County Government Settles Alleged HIPAA Violations

A small county in Washington has agreed to pay $215,000 to settle allegations that it violated HIPAA by failing to secure electronic protected health information. Skagit County maintained protected health information (“PHI”)...more

HHS Settlement: Reminder That HIPAA Applies To Local Governments Big And Small

The U.S. Department of Health and Human Services Office for Civil Rights (HHS) recently announced that it had reached an agreement with Skagit County, Washington to settle potential HIPAA violations involving the County...more

New Ponemon Study on Patient Privacy & Data Security Released

The Ponemon Institute’s Fourth Annual Study on Patient Privacy & Data Security, dated March of 2014 and sponsored by ID Experts, is now available. The study, involving a sample of 91 organizations, contains both good news and...more

HHS Reports First HIPAA Settlement with a County Government

According to a HHS press release issued last Friday, Skagit County, Washington, has agreed to a $215,000 settlement with the agency to resolve allegations that the county’s HIPAA compliance program was deficient. The Skagit...more

Insight and Input on ONC’s Proposed Roadmap for EHR Technology: ONC Issues Proposed 2015 Edition of Meaningful Use EHR...

On Feb. 21, the Office of the National Coordinator for Health Information Technology (“ONC”) released a proposed rule for voluntary 2015 Edition EHR certification criteria for the Medicare and Medicaid meaningful use...more

CMS Issues Final Rule on Direct Access of Lab Test Results by Patients

On February 3, 2014, the Centers for Medicare and Medicaid Services (CMS) released a final rule that permits patients or their representatives to have direct access to the results of their lab tests. This rule change is...more

Proposed $6.8M Fine Related to Puerto Rico Breach Incident

Triple-S Salud, Inc. (“Triple-S”), a Puerto Rico Health Insurance Administration (“PRHIA”) contractor, filed a Form 8-K indicating that the PRHIA intended to impose a civil monetary penalty of $6,768,000 and other...more

Some Things Better Left Unshared: Social Media and Medical Identity Theft

The Washington Post recently published an article reminding individuals not to tweet or otherwise share information concerning their medical conditions on social media, warning that disclosing such information publicly “is...more

Triple-S Socked with $6.8 Million Sanctions for PHI Breach

Triple-S, an insurance holding company and subsidiary of Triple-S Management Corporation, was notified by the Puerto Rican Health Insurance Administration (“HIA”) that HIA would pursue penalties against Triple-S for its...more

Healthcare Legal News - February 2014 • Volume 4, Number 1

In This Issue: - CMS ISSUES FINAL RULE ON DIRECT ACCESS OF LAB TEST RESULTS BY PATIENTS: On February 3, 2014, the Centers for Medicare and Medicaid Services (CMS) released a final rule that permits patients or...more

Rx for Fraud: Electronic Health Records

By pursuing a mandate to digitize medical records, the federal government hopes to improve patient care and reduce costs. But recent reports by the Office of the Inspector General (OIG) indicate that fraud prevention policies...more

Telemedicine Expansion—Navigating Potential Pitfalls

The fervent debate on health care underscores the need to deliver and make accessible quality health care to patients throughout the United States in an efficient and cost-effective manner. Amidst technological advancements,...more

HHS Rule Grants Patients Direct Access to Lab Test Results

The U.S. Department of Health and Human Services (HHS) recently published a Final Rule granting patients and their personal representatives access to the patient’s completed laboratory test reports directly from the lab...more

Week in Review - February 21, 2014

R u liable 4 your employee's txt msg? In some situations, the answer may be “yes.” Two courts reviewed employee texting issues this week. The first court reviewed whether an employer can be liable for an employee's...more

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