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HealtHITechLaw HIPAA, HITECH and Beyond

Category Archives: Behavioral Health

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New HHS Guidance on HIPAA Privacy Rule and Sharing Mental Health Information

Posted in Access Rights, Behavioral Health

Many thanks to our colleague Robin Canowitz for assisting us in drafting this post. The U.S. Department of Health & Human Services (“HHS”) issued new guidance regarding the HIPAA Privacy Rule and its relationship to mental health information disclosures (“Guidance”).  The Guidance addresses when providers may appropriately share the protected health information (“PHI”) of their mental health… Continue Reading

EMR Privacy Issues Unique to Children

Posted in Behavioral Health, Children, Electronic Health Record

Many thanks to our colleague, Robin Canowitz, for submitting the following guest post. Implementing an Electronic Medical Record (“EMR”) brings many clinical and economic benefits to an institution.  These benefits, however, are accompanied a variety of unique HIPAA and other privacy challenges.  Questions often arise regarding who should have access to records, how to limit access… Continue Reading

Stage 2 Rule Eases Burdens on Medicaid Providers

Posted in Behavioral Health, Meaningful Use, Rulemaking

The Centers for Medicare and Medicaid Services (“CMS”) Medicare and Medicaid EHR Incentive Programs Stage 2 final rule (“Final Rule”) made two key changes which should benefit providers seeking Medicaid incentive payments:  (1) allowing more patient encounters to be included in satisfying the required patient volume threshold for eligible professionals; and (2) simplifying hospital reporting of… Continue Reading

HITECH Meaningful Use: Optimization and Expansion

Posted in Behavioral Health, Legislation, Meaningful Use

The Health Information Technology for Economic and Clinical Health Act (“HITECH”) made available an estimated $27 billion in federal incentive payments to medical professionals and hospitals when they adopt certified Electronic Health Records (“EHRs”) and demonstrate meaningful use of the EHRs.  Eligible Professionals (“EPs”) can receive as much as $44,000 through Medicare, or as much… Continue Reading