Legal Alert: Health and Human Services' Proposed Rule to Modify the HIPAA Privacy, Security, and Enforcement Rules

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On July 14, 2010, the Department of Health and Human Services (HHS) published a Proposed Rule outlining modifications to the Privacy, Security, and Enforcement Rules (HIPAA Rules) under the Health Insurance Portability and Accountability Act of 1996 (HIPAA). Many of the proposed modifications to the HIPAA Rules are based on requirements imposed by the Health Information Technology for Economic and Clinical Health Act (HITECH Act), enacted on February 17, 2009, as part of the American Recovery and Reinvestment Act, while other modifications are technical corrections to the HIPAA Rules. This legal alert will focus on the more substantive proposed changes related to business associates, the Privacy Rule, the Security Rule, and the Enforcement Rule.

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DISCLAIMER: Because of the generality of this update, the information provided herein may not be applicable in all situations and should not be acted upon without specific legal advice based on particular situations.

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