HIPAA Final Rule: Modification of Business Associate Definition, Part (4)–Personal Health Record Vendor

February 12, 2013.  Today, we examine the role of the personal health record vendor in paragraph (3)—the third paragraph of four—of the business associate definition, as modified by the Final Rule:  Modifications to the HIPAA Privacy, Security, Enforcement, and Breach Notification Rules Under the Health Information Technology for Economic and Clinical Health Act [HITECH Act] and the Genetic Information Nondiscrimination Act; Other Modifications of the HIPAA Rules, which was published in the Federal Register on January 25, 2013.  The effective date of the Final Rule is March 26, 2013, and covered entities and business associates must comply by September 23, 2013. Here is the second of three parts of this…

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ONC Touts its 10 Step Plan for Meeting Meaningful Use Privacy and Security Attestation Requirements

In a recent Tweet, the Office of the National Coordinator for Health Information Technology (ONC) stated:  “Move into the 21st Century and check out the Privacy & Security 10-Step Plan before you implement an Electronic Health Record.”  ONC makes the following recommendation to an Eligible Professional (EP) covered entity participating in the Medicare and Medicaid Financial Incentive Program for Adoption and Meaningful Use of Certified Electronic Health Record (EHR) Technology:  “An EP must meaningfully use certified EHR technology for an EHR reporting period, and then attest to CMS [the Centers for Medicare & Medicaid Services] that he or she has met meaningful use for that period.  Start your 10-step process at…

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ONC Publishes Stage 2 EHR Technology Certification Criteria NPRM

On March 7, 2012, the Office of the National Coordinator for Health Information Technology (ONC) of the Department of Health and Human Services (HHS) published in the Federal Register its notice of proposed rule making (NPRM) entitled Health Information Technology:  Standards, Implementation Specifications, and Certification Criteria for Electronic Health Record [EHR] Technology, 2014 Edition; Revisions to the Permanent Certification Program for Health Information Technology [pp. 13832-13885].  Comments to HHS may be made until 5 PM on May 7, 2012. The summary of the NPRM is included here: “Under section 3004 of the Public Health Service Act, the Secretary of Health and Human Services is proposing to revise the initial set…

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CMS Publishes Stage 2 Meaningful Use Incentive Program NPRM

On March 7, 2012, the Centers for Medicare & Medicaid Services (CMS) published in the Federal Register its 132-page notice of proposed rule making (NPRM):  Medicare and Medicaid Programs; Electronic Health Record Incentive Program–Stage 2.  Comments to the Department of Health and Human Services (HHS) may be made until 5 PM on May 7, 2012. The summary of the NPRM is included here: “This proposed rule would specify the Stage 2 criteria that eligible professionals (EPs), eligible hospitals, and critical access hospitals (CAHs) must meet in order to qualify for Medicare and/or Medicaid electronic health record (EHR) incentive payments.  In addition, it would specify payment adjustments under Medicare for covered…

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HHS Publishes HITECH Act Accounting of Disclosures NPRM

The Department of Health and Human Services (HHS) Office for Civil Rights (OCR) has published in the May 31, 2011, Federal Register the Notice of Proposed Rule Making (NPRM) entitled HIPAA Privacy Rule Accounting of Disclosures Under the Health Information Technology for Economic and Clinical Health Act (76(104), pp. 31426-31449). This NPRM is available online in pdf.  Comments on the NPRM are requested to be submitted on or before August 1, 2011.  The Summary of the NPRM with abbreviations, as noted, on p. 31426, is: “HHS is issuing this NPRM to modify the HIPAA Privacy Rule’s standard for accounting of disclosures of protected health information.  The purpose of these modifications…

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OMB Clears HITECH Act Accounting of Disclosures NPRM

The Department of Health and Human Services (HHS) Office for Civil Rights (OCR), responsible for enforcement of the HIPAA Privacy, Security, and Breach Notification Rules, will issue a Notice of Proposed Rule Making (NPRM) to modify the HIPAA Privacy Rule as necessary to implement the accounting of disclosures provisions of Section 13405(c) of the Health Information Technology for Economic and Clinical Health Act (HITECH Act) (Title XIII of the American Recovery and Reinvestment Act of 2009–Public Law 111-5).  Section 13405(c) is entitled: Accounting of Certain Protected Health Information Disclosures Required if Covered Entity Uses Electronic Health Record. The NPRM was submitted on February 9, 2011, by HHS to the Office…

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EHR Incentive and Certification Criteria Final Rules Published in Federal Register

The EHR Incentive and Certification final rules were published in the Federal Register this morning, July 28, 2010.  HIPAA.com provides the title, summary, effective date, and URL for each below. Department of Health and Human Services, Centers for Medicare & Medicaid Services, “42 CFR Parts 412, 413, 422, and 495;  Medicare and Medicaid Programs; Electronic Health Record Incentive Program; Final Rule, Federal Register, 75(144), Wednesday, July 28, 2010, pp. 44313-44588. Summary:  This final rule implements the provisions of the American Recovery and Reinvestment Act of 2009 (ARRA)(Public Law 111-5) that provide incentive payments to eligible professionals (EPs), eligible hospitals and critical access hospitals (CAHs) participating in Medicare and Medicaid programs…

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OMB Completes Review of Final Rules for EHR Incentive Program and for Initial Certification Criteria

On Friday, July 9, 2010, the Office of Management and Budget (OMB) completed review of the two Final Rules:  Health Information Technology:  Initial Set of Standards, Implementation Specifications, and Certification Criteria for Electronic Health Record (RIN:  0991-AB58) and Electronic Health Record (EHR) Incentive Program (RIN: 0938-AP78).  RIN means Regulatory Identification Number, used to track a regulatory action through its development.  These rules are on a fast track, follow on the heels of the June 24 Final Rule:  Establishment of the Temporary Certification Program for Health Information Technology (75 Federal Register 36157-36209), and are expected to be available for prepublication inspection at the Federal Register imminently.  For additional information and updates,…

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Final Rules for EHR Incentives and Certification Criteria at OMB for Review

The Office of Management and Budget (OMB) received in early July for Executive Order (EO) 12866 Regulatory Planning and Review two Final Rules relating to electronic health record (EHR) incentives and certification criteria required under the Health Information Technology for Economic and Clinical Health Act (HITECH Act) that was enacted on February 17, 2009 as part of the American Recovery and Reinvestment Act of 2009. On Friday, July 2, 2010, OMB received from the Office of the Secretary at the Department of Health and Human Services (HHS) for review Health Information Technology:  Initial Set of Standards, Implementation Specifications, and Certification Criteria for Electronic Health Record Technology; Final Rule.  The Interim Final…

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HHS Publishes Proposed Rule for Electronic Health Record Incentive Program

HHS published today in the Federal Register:  “Medicare and Medicaid Programs–Electronic Health Record Incentive Program; Proposed Rule.”  75 FR 1844-2011.  Comments on this Notice of Proposed Rulemaking (NPRM) may be submitted to HHS no later than March 15, 2010.  Here is the Summary from the NPRM: “This proposed rule would implement the provisions of the American Recovery and Reinvestment Act of 2009 (ARRA)(Public Law 111-5) that provide incentive payments to eligible professionals (EPs) and eligible hospitals participating in Medicare and Medicaid programs that adopt and meaningfully use certified electronic health record (EHR) technology.  The proposed rule would specify the initial criteria an EP and eligible hospital must meet in order…

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