CMS Issues New and Updated HIPAA and HITECH Act FAQs: EHR Incentive Payment Start Dates

The Centers for Medicare and Medicaid Services (CMS) periodically issues new and updated Frequently Asked Questions (FAQs).  HIPAA.com will periodically reproduce new and updated Questions and Answers pertaining to HIPAA Administrative Simplification standards and implementation specifications and to HITECH Act provisions that will be of interest to its readers.  This FAQ [ID#9807] was created on June 22, 2009, and updated by CMS on August 18, 2009. Question:  When will CMS begin to pay incentives to eligible professionals and hospitals for using certified Electronic Health Records (EHRs)? Answer:  By statute [American Recovery and Reinvestment Act of 2009], the earliest dates that CMS will be able to pay an incentive under Medicare…

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CMS Issues New and Updated HIPAA and HITECH Act FAQs: EHR Incentives

The Centers for Medicare and Medicaid Services (CMS) periodically issues new and updated Frequently Asked Questions (FAQs).  HIPAA.com will periodically reproduce new and updated Questions and Answers pertaining to HIPAA Administrative Simplification standards and implementation specifications and to HITECH Act provisions that will be of interest to its readers.  The FAQ [ID#9844] that follows is new, published by CMS on August 13, 2009. Question:  Are physicians who practice in hospital-based ambulatory clinics eligible to receive the Recovery Act’s Medicare or Medicaid electronic health record (EHR) incentive payments. Answer:  Hospital-based eligible professionals are ineligible for the EHR incentive payments under both Medicare and Medicaid.  Our [Department of Health and Human Services] forthcoming NPRM…

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HHS Issues Interim Final Rule for HITECH ‘Breach Notification’

U.S. Department of Health and Human Services Secretary, Kathleen Sebelius, has issued the Interim Final Rule for Breach Notification for Unsecured Protected Health Information.  The Interim Final Rule was signed by Secretary Sebelius on August 6, 2009, filed at the Federal Register on Wednesday, August 19, 2009, and will be published on Monday, August 24, 2009, in the Federal Register.  The effective date of the Interim Final Rule will be 30 days after publication, and will cover both covered entities and business associates of covered entities.  Here is the Summary of the Interim Final Rule: “The Department of Health and Human Services (HHS) is issuing this interim final rule with…

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HHS Secretary Delegates to ONC Head New HITECH Act Authority

Effective August 7, 2009, and published in the Federal Register on Tuesday, August 18, 2009, Secretary Kathleen Sebelius of the U.S. Department of Health and Human Services (HHS) has delegated authority to the National Coordinator for Health Information Technology, David Blumenthal, M.D., to administer “Subtitle B, ‘Incentives for the Use of health Information Technology,’ sections 3011 through 3017, with the exception of 3012(c)(5), the Financial Support subsection.”  These sections and titles, which appear on pages 132-144 of the American Recovery and Reinvestment Act of 2009 (ARRA), signed by President Obama on February 17, 2009, available on the hipaa.com site, include: 3011 Immediate Funding to Strengthen the Health Information Technology Infrastructure,…

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HHS Secretary Sebelius Delegates Oversight and Enforcement of HIPAA Security Rule to OCR

U.S. Health and Human Services (HHS) Secretary Kathleen Sebelius has delegated oversight and enforcement of the HIPAA Administrative Simplification Security Rule Standards for Protection of Electronic Protected Health Information to HHS’s Office of Civil Rights (OCR), effective July 27, 2009.  Since October 7, 2003, the Security Rule had been the responsibility of HHS’s Center for Medicare & Medicaid Services (CMS). OCR also has responsibility for the HIPAA Administrative Simplification Privacy Rule.  This delegation brings responsibility for administrative, technical, and physical standards for safeguarding of protected health information in each rule under one authority, and likely will facilitate enforcement of the HITECH Act breach, notification, and business associate security rule compliance…

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What’s In Your Personal Health Record?

The 800-pound gorilla at the center of health information transformation is the patient. This sleeping giant is slowly emerging from hibernation, and watch out when it wakes up. Folded into ARRA’s HITECH Act are provisions that require health care providers to “Provide patients and families with access to data, knowledge, and tools to make informed decisions and to manage their health.” If you are a caregiver, or manage a chronic disease, this policy will have a profound effect on you. While my sister and brother battled terminal aggressive cancers, it was their caregiver who carried the pharmacological list of medications, nutritional supplements, allergies, adverse reactions, near fatal overdoses, sleep patterns,…

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