HHS Publishes Technical Corrections to January 25, 2013, HIPAA Privacy, Security, and Enforcement Rules

June 7, 2013.  Today, HHS published in the Federal Register “Technical Corrections to the HIPAA Privacy, Security, and Enforcement Rules” that were published on January 25, 2013, as 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.” According to the “Summary“ in today’s Corrections Final Rule:  “These technical corrections address certain inadvertent errors and omissions in the HIPAA Privacy, Security, and Enforcement Rules that are located at 45 CFR parts 160 and 164. The effective date of the Corrections Final…

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HIPAA Final Rule: Enforcement by State Attorneys General

February 26, 2013.  Today, we examine the HIPAA Rules enforcement role established by the HITECH Act for State attorneys general as modified in 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. As of February 18, 2009, Section 13410(e) of the HITECH Act granted State attorneys…

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HIPAA Final Rule: Security Standards, General Rules & Administrative Safeguard Modifications

February 5, 2013.  Today, we cover the modifications to Security Standards:  General Rules, and Administrative Safeguards in the HIPAA Security Rule, 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. Security Standards:  General Rules.  The five General Rules govern how the administrative, physical,…

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Final HIPAA Rule: Security Statutory Authority and Direct Regulation of Business Associates

February 4, 2013.  Today, we cover the security safeguards of the HIPAA Security Rule, 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. The statutory authority for applicability of the HIPAA Security Rule is in Section 13401 of the HITECH Act (123 STAT….

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HIPAA Final Rule: More on Breach Notification Rule Changes

January 31, 2013.  Today, we briefly identify key changes or reminders regarding breach notification in the preamble of 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 to the HIPAA Rules, published in the Federal Register on January 25, 2013.  The Final Rule becomes effective March 26, 2013 and requires compliance by covered entities and business associates on September 23, 2013.  Earlier this week, we have examined the changed definition of breach, the substitution of the “probability standard” for the current “harm standard” underpinning…

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HIPAA Final Rule: Breach Risk Assessment Factors for “Probability Standard”

January 29, 2013.  Today, we cover the four risk assessment factors pertaining to breach notification in the 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 to the HIPAA Rules:  Final Rule that was published in the Federal Register on Friday, January 25, 2013.  As discussed in yesterday’s post, these risk assessment factors are used in assessing the probability of impermissible use or disclosure compromising protected health information, thereby requiring breach notification. This “probability standard” replaces the “harm standard,” becomes effective March 26, 2013, and requires compliance…

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CMS Initiates 90-Day Enforcement Discretion for 5010 Compliance

January 1, 2012, is the date for covered entities to achieve compliance with ASC X12 Version 5010, NCPDP Telecom D.0, and NCPDP Medicaid Subrogation 3.0 transaction standards. Covered entities include healthcare providers, health plans, and healthcare clearinghouses. Small health plans have until January 1, 2013, to comply with the NCPDP Medicaid Subrogation 3.0 standard. The Center for Medicare & Medicaid Services (CMS) Office of E-Health Standards and Services (OESS) is responsible for enforcement of compliance with electronic transaction standards.  CMS announced on November 17, 2011, that “[w]hile enforcement action will not be taken [from January 1-March 31, 2012], OESS will continue to accept complaints associated with compliance with Version 5010,…

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Reported Breaches of 500 or More Individuals up to 93 and Affecting Over 2.5 Million Individuals; Enforcement and Penalties

As of Friday, June 4, 2010, 93 breaches affecting 500 or more individuals have been reported on the Office for Civil Rights (OCR) Web site. The total number affected has gone beyond 2-1/2 million individuals today, and stands at 2,565,352 individuals. Of the 87 breaches involving breach of hard copy or electronic protected health information, 26% involve hard copy or paper records and 74% records on electronic media or devices. Overall, 71% of the 93 breaches involve theft or loss of records, many of which might have been avoided by appropriate securing of hard copy records and electronic media and devices. Below we remind readers of the Department of Health…

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Three Key Properties of HIPAA Privacy and Security of Protected Health Information

HIPAA.com has received from its readers requests for information on topics related to HIPAA Administrative Simplification Privacy and Security Rules and to updates to those rules reflected in the HITECH Act provisions of the American Recovery and Reinvestment Act of 2009, signed by President Obama on February 17, 2009.  Recently, HIPAA.com answered the question of particular interest to several readers:  what exactly is protected health information (PHI)?  In this posting, we answer the question:  what are the fundamental properties that underlie privacy and security of protected health information? Three Key Properties The three key properties that underpin privacy and security under the Health Insurance Portability and Accountability Act (HIPAA) are availability,…

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Privacy and Security in Disasters or Emergencies

Families searching for loved ones in a presidential-declared disaster, whether a hurricane, tornado, earthquake or unnatural disasters, should not have to also overcome HIPAA privacy roadblocks. As our nation winds down mid-western tornado season and steps up Hurricane season, review the guidance issued by DHHS after hundreds of thousand of Hurricane Katrina and Rita displaced citizens tried to locate loved ones. Privacy and Security in Disasters or Emergency Guidance If the president declares an emergency or disaster and the secretary of HHS declares a public health emergency, the secretary may waive sanctions and penalties against a covered hospital that does not comply with certain provisions of the HIPAA Privacy Rule,…

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