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HealtHITechLaw HIPAA, HITECH and Beyond

Tag Archives: final rule

New Access Rights to Lab Test Reports

Posted in Access Rights, Rulemaking

In an effort to further eliminate barriers to the exchange of health information and encourage a more active patient role in personal health care decisions, federal regulators have once again expanded HIPAA patient rights provisions.  Last week, the U.S. Department of Health & Human Services Centers for Medicare & Medicaid Services (“CMS”), Centers for Disease Control and Prevention… Continue Reading

OCR Issues Guidance on Refill Reminder Exception to HIPAA Marketing Rule

Posted in Enforcement, Rulemaking

Prompted by litigation filed by Adheris[1] as well as concerns raised by consumer advocates and health care stakeholders regarding the viability of prescription refill reminder programs under HIPAA’s stricter marketing prohibitions, on September 19, 2013, OCR issued additional guidance regarding the scope of HIPAA’s refill reminder exception.  Notably, OCR also delayed enforcement on this issue… Continue Reading

The Final Omnibus HIPAA Rule: Are You Ready?

Posted in Enforcement, Rulemaking

As we mentioned in last week’s Webinar on the HIPAA Final Omnibus Rule, there are less than nine short months for covered entities and their business associates (and all downstream business associates) to comply with the HIPAA final rules.  For those entities that have already taken steps following the release of the HITECH interim rules, the… Continue Reading

HIPAA Final Rule Clarifies Business Associate Obligations

Posted in Rulemaking

Business Associates:  You’re on notice. When the Health Information Technology for Economic and Clinical Health Act (“HITECH”) was enacted nearly four years ago, business associates were aware that HIPAA compliance was going to be required of them – they were just not sure of the extent.  Historically, business associates have been required to comply with… Continue Reading

Final Omnibus HIPAA Rule Delayed

Posted in Rulemaking

Still waiting. The White House Ofice of Management and Budget (“OMB”) has extended its review of the final omnibus HIPAA rule, validating recent comments indicating that further delay was likely.  As we reported back in March, the Department of Health and Human Services Office for Civil Rigths submitted the final omnibus rule for review by OMB,… Continue Reading

HIPAA Final Rule Status Update

Posted in Rulemaking

We reported a few months back that the end of June was the anticipated timeframe for the issuance of the final HIPAA rule.  Recent comments from federal officials indicate that this might be a bit optimistic. At the annual Safeguarding Health Information:  Building Assurance through HIPAA Security conference, the Department of Health and Human Services Office for… Continue Reading