February 25, 2013. Today, we examine factors considered in determining the amount of a civil money penalty for a HIPAA violation that are 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. The Department of Health and Human Services (HHS) identified “five general factors”…
Tag: covered entity
HIPAA Final Rule: HIPAA Privacy Rule & FERPA: Student Immunization Records
February 22, 2013. Today, we examine modified HIPAA Privacy Rule considerations regarding healthcare provider disclosure of immunization records for students 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. Student immunization records are protected under two federal laws: HIPAA, via the HIPAA Privacy Rule, as…
HIPAA Final Rule: Enforcement: Four Penalty Tiers
February 21, 2013. Today, we examine the four penalty tiers for violations of HIPAA Rules 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. We start with two definitions, the first of which, Reasonable cause, was modified in the Final Rule, and the second of…
HIPAA Final Rule: Enforcement: Willful Neglect
February 20, 2013. Today, we begin examination of HITECH Act modifications of HIPAA Enforcement, focusing on the meaning and consequences of willful neglect 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. Willful neglect is defined as “conscious, intentional failure or reckless indifference to the…
HIPAA Final Rule: Genetic Information Nondiscrimination Act: Manifestation or Manifested
February 19, 2013. Today, we finish examination of modifications of HIPAA Privacy under the Genetic Information Nondiscrimination Act (GINA), by focusing on the definition: manifestation or manifested. The modifications of HIPAA Privacy are 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. We presented in…
HIPAA Final Rule: Genetic Information Nondiscrimination Act: Underwriting Prohibitions
February 18, 2013. Today, we examine underwriting prohibitions as they relate to modifications of the HIPAA Privacy Rule required under the Genetic Information Nondiscrimination Act (GINA). These modifications are 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. The Final Rule states: “The final rule…
HIPAA Final Rule: Genetic Information Nondiscrimination Act (GINA) Definitions
February 15, 2013. Today, we present several new definitions relating to the Genetic Information Nondiscrimination Act (GINA), which addressed the application of the HIPAA Privacy Rule to genetic information. The definitions are 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. The Final Rule states: …
HIPAA Final Rule: Modification of Business Associate Definition, Part (6)–Exceptions
February 14, 2013. Today, we finish examining the business associate definition, focusing on exceptions, 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. Paragraph (4) of the modified definition outlines 4 exceptions (45 CFR 160.103, Definitions, as shown at 78 Federal Register 5688):…
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…
HIPAA Final Rule: Modification of Business Associate Definition, Part (3)
February 11, 2013. Today, we start to examine (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 first of three parts of this paragraph, (i), which is the subject of today’s…