After a long wait, CMS has published the “meaningful use” rules on electronic health record technology. Click here to review the final rule (276 pages) or view a quick summary in a CMS fact sheet. CMS has relaxed the final rules in some respects from its rules proposed in January.
von Briesen Health Law Blog
July 30, 2010
July 15, 2010
HIPAA Revisions Officially Published for Comment
With a grace period for implementing Business Associate Agreements and lots of proposed revisions, it looks like its going to be a while before we know the “real” impacts of HITECH on HIPAA. Stay tuned. Here’s a link to the new, proposed regulations. Let us know if you have comments!
February 23, 2010
Health Information Privacy – Breaches Affecting 500 or More Individuals
The U.S. Department of Health & Human Services, as required by section 13402(e)(4) of the HITECH Act, has posted a list of breaches of unsecured protected health information affecting 500 or more individuals. View a listing of “Breaches Affecting 500 or More Individuals” on the HHS web site.
January 14, 2010
First HIPAA Lawsuit Filed by State Attorney General
The first lawsuit by a state attorney general under HIPAA has been filed. This is big news because previous class action suits citing failure to protect private information have failed to gain traction for lack of damages (i.e. mere failure to protect was not enough). Using new enforcement powers under HIPAA, the state’s attorney general can bring charges for failure to protect and enforce under HIPAA. Download the entire news story.
December 30, 2009
CMS and ONC Issue Regulations Proposing a Definition of ‘Meaningful Use’ and Setting Standards for Electronic Health Record Incentive Program
The proposed regulations are designed to help implement the electronic health record incentive programs enacted under the American Recovery and Reinvestment Act of 2009. CMS encourages comments and provides a 60-day comment period on the proposed rule. Click here to learn more.
December 23, 2009
Year End IRS Advice
The IRS has created a guidance document for leaders in nonprofit organizations. Although long and a bit technical, it is a good “one source” reference for a nonprofits’ operations, reporting and tax filing requirements, including what may jeopardize recognition of the nonprofits’ tax exempt status. For your organization or for those nonprofits you serve, review and discussion of the booklet may be a good New Year’s discussion topic, or at least worth sending this document out to the board. We have provided a link so you can download a copy of the document here.
Instructions for Submitting Notice of a Breach to the Secretary
HHS has published instructions for submitting notices of breach of unsecured health information to the Secretary. Nothing unexpected, but here are the specifics:
http://www.hhs.gov/ocr/privacy/hipaa/administrative/breachnotificationrule/brinstruction.html
November 19, 2009
National Broadband Plan
The ARRA provides for the development of National Broadband Plan, part of which involves enhancing the US broadband infrastructure to advance health care delivery. The FCC is gathering information in anticipation of creating the health care elements of the broadband plan, including how to best benefit rural health care initiatives. The deadline is December 4th. Download NBP Public Notice #17 and weigh in to provide real world guidance to the FCC.
October 30, 2009
HIPAA Enforcement Beefs Up
Effective November 30, 2009, HIPAA’s enforcement provisions are being greatly enhanced. Maximum penalty per violation is increased from $25,000 per year to $1.5 million. Click here to read the interim final regulations.
October 29, 2009
HHS Inspector General Details Audit Plans for Health IT Efforts
HHS’ Office of the Inspector General (OIG) plans to audit CMS’ management of the stimulus package’s incentive payment program. The program will provide roughly $30 billion to hospitals and doctors through the year 2016. The OIG also called for CMS to upgrade its IT systems to comply with the ‘meaningful use’ rules, which are due out shortly.