Header graphic for print
HealtHITech Law HIPAA, HITECH and Beyond

Tag Archives: Privacy

SAMHSA Finalizes Changes to Confidentiality of Substance Use Disorder Patient Records Rule

Posted in Behavioral Health

For the first time in nearly thirty years, the Substance Abuse and Mental Health Services Administration (“SAMHSA”) has updated the Confidentiality of Alcohol and Drug Abuse Patient Records regulations (42 C.F.R. Part 2). On January 18, 2017, SAMHSA published the Final Rule amending 42 C.F.R. Part 2. The changes were set to be effective February… Continue Reading

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

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

Legislation Would Permit Hidden Cameras In Nursing Homes

Posted in Legislation

Many thanks to our colleague, Robin Amicon, for submitting the following guest post. New legislation was introduced in the Ohio House of Representatives that would give nursing home residents the right to install and use electronic monitoring devices in their rooms in order to capture incidents of abuse or neglect.  House Bill 298, introduced on October… 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