Electronic Medical Records

News & Analysis as of

Lessons From A Cautionary Tale of Electronic Discovery Pitfalls in Health Care Litigation

E-discovery is especially challenging in healthcare related litigation due to the healthcare industry’s reliance on electronically stored information (ESI), the volume of medical records often at issue in health care...more

Drop-down Menus: The Pitfalls of Electronic Medical Records, Part II

In an earlier blog post, I discussed the importance of time stamps and signatures in electronic medical records (EMRs). A potential pitfall in using EMRs is the prevalence of drop-down menus....more

HHS Proposes Extension of Deadline for EHR Compliance

According to the federal government, over 370,000 providers have participated in the Medicare and Medicaid Electronic Health Record ("EHR") incentive program since its inception in 2011. However, providers nationwide continue...more

New York Hospitals to Pay Record $4.8 Million for HIPAA Data Breach

In the largest Health Insurance Portability and Accountability Act (HIPAA) settlement to date, two New York hospitals have agreed to pay $4.8 million to settle allegations that they failed to secure thousands of patients’...more

Top 5 takeaways on telemedicine and eHealth

Here are the main legal topics on telemedicine and eHealth discussed during the ETSI eHealth Workshop on telemedicine where I gave a speech on the legal implications of telemedicine. The Workshop was very interesting...more

News from the Health Law Gurus™ - May 2014

Massachusetts to Start from Scratch with Health Insurance Website — Massachusetts plans to abandon its health insurance exchange website in favor of starting over from scratch, according to a New York Times report....more

FTC Ordered to Testify Regarding Data Security Standards in LabMD Dispute

The Federal Trade Commission (FTC) has suffered a significant setback in its ongoing dispute with LabMD, a now-closed medical laboratory that the FTC charged with failing to adopt reasonable data security practices that...more

Two Health Care Organizations Pay Largest HIPAA Fine at $4.8 Million Resulting from Unsecured Shared Network

New York-Presbyterian Hospital and Columbia University entered into a settlement with the Department of Health and Human Services’ Office of Civil Rights (OCR) to resolve allegations that the organizations had violated the...more

$4.8 Million – Largest HIPAA Settlement to Date

On May 7, 2014, the U.S. Department of Health and Human Services, Office for Civil Rights (“OCR”) issued a press release announcing that two health care organizations—New York and Presbyterian Hospital (“NYP”) and Columbia...more

Theft Of Unencrypted Laptops Leads To Two HHS Settlements Totaling Nearly $2 Million

On April 22, the U.S. Department of Health and Human Services (HHS) announced settlements with both Concentra Health Services (Concentra) and QCA Health Plan, Inc. (QCA). Through these latest settlements, HHS is reiterating...more

2014 Resolutions Series: Trapped in an unhealthy IT vendor relationship? How to make the best of a difficult situation

My client, “Hal”, head of IT procurement for a large regional hospital system called me yesterday morning and declared “I hate vendors!” One of the hospital’s key vendors had just delivered a set of unexpected and “urgent”...more

New HIPAA Tool Released by the Federal Government – Makes Assessing Risks Easier and It Won’t Cost You a Dime

Do you lie awake at night wondering if you or the health care entity for which you work is complying with the Health Insurance Portability and Accountability Act (“HIPAA”)? If so, you will be happy to hear that a good night’s...more

CMS Extends Deadline for 2013 Meaningful Use Attestations

CMS announced on Friday, February 7, 2014, that the agency is extending the deadline for eligible professionals (EPs) to attest as meaningful users of certified electronic health record (EHR) technology for the 2013 Medicare...more

CMS Extends 2013 Meaningful Use Attestation Deadline for Eligible Professionals

On Feb. 7, the Centers for Medicare & Medicaid Services (“CMS”) extended by one month the deadline for eligible professionals to attest to meaningful use for the 2013 Medicare EHR Incentive Program year. The deadline was...more

Paying the Price: Physician Group Faces Hefty Penalty and OCR Oversight After Failure to Conduct Security Risk Assessment and...

What you need to know: The Office for Civil Rights of the US Department of Health & Human Services is continuing its trend toward more aggressive enforcement of HIPAA violations. Small provider entities are not immune...more

Privacy and Security Alert: January 9th, 2014

On December 5, 2013, the Office of Inspector General (OIG) reported on the Office for Civil Rights’ (OCR) compliance as of May 2011 with oversight and enforcement of the Security Rule and compliance with federal cybersecurity...more

CMS & OIG Final Rules Extend And Amend Protection For EHR Donations

Ordinarily, the donation of Electronic Health Record (EHR) technology, services or training to a provider would raise fraud and abuse concerns and potentially implicate the Stark law and Anti-kickback Statute. In order to...more

Final EHR Donation Rules Issued in Time for the New Year

On December 27, 2013, the U.S. Department of Health and Human Services’ (HHS) Office of Inspector General (OIG) and the Centers for Medicare & Medicaid Services (CMS) issued final rules revising the Stark exception (42 CFR...more

A New Year’s Resolution (And Corrective Action Plan) From OCR: Physician Practice Cited For HIPAA Violations

The Office for Civil Rights (OCR) is closing out 2013 with a reminder of the importance of an effective HIPAA compliance program. On December 26, 2013, OCR announced a resolution agreement with a Massachusetts physician...more

Medical practice agrees to payment due to HIPAA data breach

One day after Christmas, the U.S. Department of Health and Human Services (HHS) Office of Civil Rights (OCR) announced that a Massachusetts-based dermatology practice (Practice) agreed to a $150,000 payment and entered into a...more

The Long Sunset: EHR Donations May Continue Until 2021 (With a Few Changes)

Under long-awaited final rules recently published by the federal government, hospitals and other “protected donors” may continue to “donate” interoperable electronic health record items and services without incurring...more

HHS Closes Out 2013 with 6th Resolution Agreement

Throughout 2013, HHS OCR has stated that covered entities of all sizes need to give priority to securing ePHI. In addition, HHS OCR has recommended that covered entities identify and mitigate risks before an incident occurs....more

Health Care Law Update: Anti-Kickback Safe Harbor Rule for Electronic Health Records Extended Through 2021

The anti-kickback safe harbor concerning electronic health records (EHR) items and services, which defines certain conduct that is protected from liability under the federal anti-kickback statute (Section 1128B(b) of the...more

CMS Extends Start Date for Stage 3 of Meaningful Use to 2017 Without Extending Timeline for When Providers Must Start Stage 2

The Centers for Medicare & Medicaid Services recently announced a revised timeline for the implementation of Stage 3 “meaningful use” measures for the Electronic Health Records Incentive Programs, but did not extend the...more

CMS Extends Timeline on Meaningful Use Implementation

Last Friday, the Centers for Medicare & Medicaid Services (“CMS”) proposed a one-year extension of Stage 2 of the meaningful use standards for Medicare and Medicaid electronic health record (“EHR”) incentive programs. Under...more

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