Exploring HIPAA and HITECH Act Definitions: Part 5

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 and securing of protected health information. These definitions are key to understanding the referenced HIPAA and HITECH Act enabling regulations that are effective now and that will require 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 and citation to the Code of Federal Regulations (CFR).  We begin the first series of postings with definitions from “Health Insurance…

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Exploring HIPAA and HITECH Act Definitions: Part 4

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 and securing of protected health information. These definitions are key to understanding the referenced HIPAA and HITECH Act enabling regulations that are effective now and that will require 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 and citation to the Code of Federal Regulations (CFR). We begin the first series of postings with definitions from “Health…

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Exploring HIPAA and HITECH Act Definitions: Part 3

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 and securing of protected health information. These definitions are key to understanding the referenced HIPAA and HITECH Act enabling regulations that are effective now and that will require 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 and citation to the Code of Federal Regulations (CFR). We begin the first series of postings with definitions from “Health…

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Exploring HIPAA and HITECH Act Definitions: Part 2

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 and securing of protected health information. These definitions are key to understanding the referenced HIPAA and HITECH Act enabling regulations that are effective now and that will require 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 and citation to the Code of Federal Regulations (CFR). We begin the first series of postings with definitions from “Health…

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Exploring HIPAA and HITECH Act Definitions: Part 1

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 and securing of protected health information. These definitions are key to understanding the referenced HIPAA and HITECH Act enabling regulations that are effective now and that will require 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 and citation to the Code of Federal Regulations (CFR). We begin the first series of postings with definitions from “Health…

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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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Physical Safeguard Standard, Workstation Use-What to Do and How to Do It

In our series on the HIPAA Administrative Simplification Security Rule, Workstation Use is the second Physical Safeguard Standard.  There is no defined implementation specification for this standard.  Implementation of policies and procedures pertaining to this standard are required.  As we have noted in earlier postings on HIPAA.com, business associates of covered entities will be required to comply with the Security Rule safeguard standards, beginning February 17, 2010.  This requirement is one of the HITECH Act provisions of the American Recovery and Reinvestment Act (ARRA), signed by President Obama on February 17, 2009. What is Required A covered entity must implement policies and procedures that specify the proper functions to be…

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5010/D.0 Effective Date Tuesday, March 17, 2009; Compliance Date January 1, 2012

The version modification to the HIPAA Administrative Simplification transaction standards becomes effective Tuesday, March 17, 2009. Here are several critical things to know, drawn directly from the final rule published in the Federal Register on January 16, 2009. The final rule is available for download on the HIPAA.com site. Effective Date: The effective date [March 17, 2009] is the date that the policies set forth in this final rule take effect, and new policies are considered to be officially adopted. [74 Federal Register 3302] Compliance Date: On January 1, 2012, all covered entities will have reached Level 2 compliance, and must be fully compliant in using Versions 5010 and D.0…

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ARRA’s HITECH Privacy Provisions Apply HIPAA Security Rule to Business Associates

President Obama signed into law the American Recovery and Reinvestment Act of 2009 (ARRA) on Tuesday, February 17, 2009. The Health Information Technology for Economic and Clinical Health Act (HITECH) provisions of ARRA in Title XIII include important changes in Privacy (Subtitle D). Our focus in this posting is the change related to business associates under HIPAA Administrative Simplification that is specified in Section 13401: Application of Security Provisions and Penalties to Business Associates of Covered Entities. In this section, administrative, physical, and technical safeguards, and policy, procedure, and documentation requirements of the HIPAA Administrative Simplification Security Rule “shall apply to a business associate of a covered entity in the…

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