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HealtHITech Law HIPAA, HITECH and Beyond

Category Archives: Electronic Health Record

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Proposed Updates to Federal Confidentiality of Alcohol and Drug Abuse Patient Records Regulations

Posted in Behavioral Health, Electronic Health Record, Rulemaking

The U.S. Substance Abuse and Mental Health Services Administration (SAMHSA) recently published a proposed rule which would amend the Confidentiality of Alcohol and Drug Abuse Patient Records regulations, found in 42 C.F.R. Part 2. The confidentiality provisions were promulgated in 1975, and last amended substantively in 1987, prior to new models of integrated care built… Continue Reading

Patients and Providers Potentially Benefit from Clinical Affiliations

Posted in Electronic Health Record, Software

Last week, we authored a client alert highlighting affiliations between CVS and a number of health care systems throughout the country which, according to CVS, will enable it to provide prescription and MinuteClinic visit information to participating health care providers by enabling communication between secured electronic health record (EHR) systems. CVS/pharmacy will share electronic messages and… Continue Reading

Software Vendor Misrepresented HIPAA Encryption Capabilities

Posted in Electronic Health Record, Enforcement, Software

The Federal Trade Commission (“FTC”) recently announced a settlement with Henry Schein Practice Solutions, Inc., a dental practice software provider, concluding an investigation into claims that Henry Schein misled customers about the encryption capabilities of its software. According to the FTC, Henry Schein advertised its Dentrix G5 software as meeting industry encryption standards despite the fact… 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