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Exploring HIPAA and HITECH Act Definitions: Part 6

November 12, 2009 American Recovery and Reinvestment Act, Health IT and HITECH No Comments

From now through November, HIPAA.com is providing a run through of HIPAA transaction & code set, privacy, and security definitions, along with relevant HITECH Act definitions pertaining to breach notification, securing of protected health information, and electronic health record (EHR) standards development and adoption. These definitions are key to understanding the referenced HIPAA and HITECH Act enabling regulations that are effective now and that will required compliance by covered entities and business associates now or in the months ahead, as indicated in HIPAA.com’s timeline. Each posting will contain three definitions, with a date reference to the Federal Register, Code of Federal Regulations (CFR), or statute, as appropriate.

Exploring HIPAA and HITECH Act Definitions:  Parts 6-10, include definitions from:

American Recovery and Reinvestment Act of 2009 (February 17, 2009, pp.228-229),

Health Information Technology for Economic and Clinical Health Act,

Title XIII—Health Information Technology,

Subtitle A—Promotion of Health Information Technology,

Section 13101—ONCHIT [Office of the National Coordinator for Health Information Technology]; Standards Development and Adoption,

Title XXX—Health Information Technology and Quality,

Section 3000—Definitions (also designated as 42 USC 300jj).

Certified EHR Technology

A qualified electronic health record [EHR] that is certified pursuant to section 3001(c)(5)[1] as meeting standards adopted under section 3004[2] that are applicable to the type of record involved (as determined by the Secretary [of HHS], such as an ambulatory electronic health record for office-based physicians or an inpatient hospital electronic health record for hospitals).

Enterprise Integration

The electronic linkage of health care providers, health plans, the government, and other interested parties, to enable the electronic exchange and use of health information among all the components in the health care infrastructure in accordance with applicable law, and such term includes related application protocols and other related standards.

Health Care Provider

Includes a hospital, skilled nursing facility, nursing facility, home health entity or other long term care facility, health care clinic, community mental health center (as defined in section 1913(b)(1), renal dialysis facility, blood center, ambulatory surgical center described in section 1833(i) of the Social Security Act, emergency medical services provider, Federally qualified health center, group practice, a pharmacist, a pharmacy, a laboratory, a physician (as defined in section 1861(r) of the Social Security Act), a practitioner (as described in section 1842(b)(18)(C) of the Social Security Act), a provider operated by, or under contract with, the Indian Health Service or by an Indian tribe (as defined in the Indian Self-Determination and Education Assistance Act), tribal organization, or urban Indian organization (as defined in section 4 of the Indian Health Care Improvement Act), a rural health clinic, a covered entity under section 340B, and ambulatory surgical center described in section 1833(i) of the Social Security Act, a therapist (as defined in section 1848(k)(3)(B)(iii) of the Social Security Act, and any other category of health care facility, entity, practitioner, or clinician determined appropriate by the Secretary [of HHS].

[1] ONCHIT (Duties of the National Coordinator (Certification)).
[2] Process for Adoption of Endorsed Recommendations; Adoption of Initial Set of Standards, Implementation Specifications, and Certification Criteria.

Tags: American Recovery and Reinvestment ActBreach Notificationbusiness associateCertified EHR TechnologyCode of Federal Regulationscompliancecovered entitydefinitioneffectiveEHRElectronic Exchangeelectronic health recordenabling regulationsenterprise integrationFebruary 17Federal Registergovernmenthealth care infrastructureHealth Care Providerhealth information technologyhealth planHHSHIPAAHITECH Actinpatient hospitalOffice of the National Coordinator for Health Information TechnologyONCHITphysicianPrivacyprotocolsSecretarysecuring of protected health informationSecuritySocial Security ActStandardsstatutetimelinetransaction & code set
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