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HealtHITechLaw HIPAA, HITECH and Beyond

Monthly Archives: February 2012

HIPAA Business Associate Becomes Target of State AG Enforcement

Posted in Business Associate, Enforcement

A recent complaint filed by the Minnesota State Attorney General against a HIPAA business associate seeks to recover statutory damages for multiple alleged violations of the HIPAA Security Rule.  Following last year’s HHS OCR enforcement targeting HIPAA covered entities, this latest HIPAA enforcement should place all business associates on notice that enforcement authorities have them… Continue Reading

CMS Announces Proposed Stage 2 Meaningful Use Requirements

Posted in Rulemaking

On Thursday, February 23, 2012, CMS announced the proposed Stage 2 requirements for the Medicare and Medicaid Electronic Health Record (“HER”) Incentive Programs.  See Notice of Proposed Rulemaking, Federal Register.  Under HITECH, eligible health care professionals (“EPs”), eligible hospitals and Critical Access Hospitals (collectively “hospitals”) can qualify for Medicare and Medicaid incentive payments when they… Continue Reading

Proposed 2013 Budget Will Decrease Funding for OCR HIPAA Enforcement

Posted in Enforcement

The President’s fiscal year 2013 budget proposes to decrease funding for the Department of Health and Human Services Office of Civil Rights (“OCR”) by $2 million.  The estimated budget allocates $39 million to the agency charged with HIPAA enforcement, down from an estimated $41 million in fiscal 2012.  In light of OCR’s enhanced enforcement capabilities… Continue Reading

FINAL HITECH RULES IMMINENT: ARE YOU READY?

Posted in Rulemaking

The Office of Civil Rights has set a March 2012 target date for release of the long-awaited final HITECH rules.  These rules amend HIPAA’s privacy and security regulations, and put real teeth into the government’s HIPAA enforcement efforts as they relate to non-compliance by health care providers (as well as other covered entities) and their… Continue Reading