OMB Clears HITECH Act Accounting of Disclosures NPRM

The Department of Health and Human Services (HHS) Office for Civil Rights (OCR), responsible for enforcement of the HIPAA Privacy, Security, and Breach Notification Rules, will issue a Notice of Proposed Rule Making (NPRM) to modify the HIPAA Privacy Rule as necessary to implement the accounting of disclosures provisions of Section 13405(c) of the Health Information Technology for Economic and Clinical Health Act (HITECH Act) (Title XIII of the American Recovery and Reinvestment Act of 2009–Public Law 111-5).  Section 13405(c) is entitled: Accounting of Certain Protected Health Information Disclosures Required if Covered Entity Uses Electronic Health Record. The NPRM was submitted on February 9, 2011, by HHS to the Office…

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HHS Pulls Breach Notification Final Rule

The HIPAA Administrative Simplification; Notification in the Case of Breach Final Rule (Regulation Identifier Number (RIN) 0991-AB56) has been at the Office of Management and Budget (OMB) since May 14, 2010, for Executive Order (EO) 12866 review and approval prior to publication in the Federal Register. On July 28, 2010, HHS “withdrew” this Final Rule, with the following explanation: “The Interim Final Rule for Breach Notification for Unsecured Protected Health Information, issued pursuant to the Health Information Technology for Economic and Clinical Health (HITECH) Act, was published in the Federal Register on August 24, 2009, and became effective on September 23, 2009. During the 60-day public comment period on the…

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Final Rules for EHR Incentives and Certification Criteria at OMB for Review

The Office of Management and Budget (OMB) received in early July for Executive Order (EO) 12866 Regulatory Planning and Review two Final Rules relating to electronic health record (EHR) incentives and certification criteria required under the Health Information Technology for Economic and Clinical Health Act (HITECH Act) that was enacted on February 17, 2009 as part of the American Recovery and Reinvestment Act of 2009. On Friday, July 2, 2010, OMB received from the Office of the Secretary at the Department of Health and Human Services (HHS) for review Health Information Technology:  Initial Set of Standards, Implementation Specifications, and Certification Criteria for Electronic Health Record Technology; Final Rule.  The Interim Final…

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