HIPAA


CARES Act: Behavioral Health and Substance Abuse Provisions
March 30, 2020 | Christopher J. Kutner | Behavioral Health | Electronic Health Records | HIPAA | Legislation and Public Policy | Telehealth
Several of the provisions in the Coronavirus Aid, Relief, and Economic Security Act (CARES Act) will help people with substance use disorders and the healthcare professionals who care for them. The Substance Abuse and Mental Health Services Administration will receive $425 million to address mental health and substance use disorder needs as a result of …
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CARES Act Changes Privacy Rules for Substance Use Disorder Records
March 30, 2020 | Ashley (Osadon) Algazi | Behavioral Health | Cybersecurity | Electronic Health Records | HIPAA | Legislation and Public Policy | Litigation | Telehealth
The Coronavirus Aid, Relief, and Economic Security Act (CARES Act), signed into law on March 27, made some substantial changes to the confidentiality rules for substance abuse and mental health records to bring them in line with HIPAA confidentiality rules. Among the changes, a covered entity or business associate may now use or disclose substance …
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Rivkin Radler Launches Coronavirus Resource Center
March 24, 2020 | Rivkin Rounds Staff | HIPAA | Home Health | Hospitals | Legislation and Public Policy | Medicare and Medicaid | Private Insurers | Telehealth
Rivkin Radler has launched a Coronavirus Resource Center on the firm’s website. All of the firm’s COVID-19-related articles and blog posts, across our many practice groups, are now compiled in one place for easy reference. We’ll continue adding to the Resource Center as the pandemic continues. …
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HHS Issues National Emergency Health Care Waivers
March 23, 2020 | Geoffrey R. Kaiser | Fraud and Abuse | HIPAA | Hospitals | Legislation and Public Policy | Medicare and Medicaid
Responding to the Coronavirus public health emergency, the Secretary of Health and Human Services (HHS) has waived certain requirements of the Medicare, Medicaid and Children’s Health Insurance Program (CHIP), including requirements relating to the Stark Self-Referral Law (“Stark”), the HIPAA privacy regulations and the Emergency Medical Treatment and Labor Act (EMTALA). This action was taken …
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HHS Issues Limited HIPAA Waiver for Coronavirus Emergency
March 17, 2020 | Eric D. Fader | Electronic Health Records | HIPAA | Legislation and Public Policy
As it has previously done for specific geographic areas affected by hurricanes, on March 15, the U.S. Department of Health and Human Services (HHS) issued a HIPAA Bulletin providing for a limited waiver of HIPAA sanctions and penalties for covered entities during the current COVID-19 (coronavirus) public health emergency. Such waiver is primarily intended to …
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CMS and ONC Release New Interoperability Rules
March 12, 2020 | Ada Kozicz | Electronic Health Records | HIPAA | Hospitals | Legislation and Public Policy | Medical Devices and Wearables | Medicare and Medicaid | Private Insurers | Telehealth
The Centers for Medicare & Medicaid Services (CMS) and Office of the National Coordinator for Health Information Technology (ONC) have finalized two highly anticipated rules that are intended to give patients “unprecedented safe, secure access to their health data.” ONC will establish a certification process for application programming interfaces (APIs) that will meet certain interoperability …
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AMA Issues Patient Records Access Playbook
February 27, 2020 | Eric D. Fader | Electronic Health Records | HIPAA | Legislation and Public Policy
On February 25, the American Medical Association (AMA) announced the release of its new Patient Records Electronic Access Playbook. The 100-page guide is intended to help physician practices navigate the legal and practical requirements of providing patients with access to their electronic health information. The Playbook discusses relevant provisions of HIPAA and points out many …
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Ransomware Attacks on Healthcare Industry Ramp Up
February 26, 2020 | Eric D. Fader | Cybersecurity | Electronic Health Records | HIPAA | Hospitals | Private Insurers
A recent article in HIPAA Journal, “Ransomware Attacks Have Cost the Healthcare Industry at Least $157 Million Since 2016,” discussed a new study by Comparitech that examined ransomware attacks on the healthcare industry. In the past three years, at least 172 ransomware attacks on healthcare entities in the U.S. have affected 1,446 facilities, providers and …
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Court Throws Out Fee Policies for Medical Record Sharing
February 24, 2020 | Rivkin Rounds Staff | HIPAA | Legislation and Public Policy | Litigation
A recent article in Part B News, “Court throws out fee policies for medical record sharing; watch for new rules,” discussed the recent court decision in Ciox Health, LLC v. Alez Azar, et al., which led to the U.S. Department of Health and Human Services modifying its guidance regarding charging fees for access to patient …
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Feb. 29 is Data Breach Reporting Deadline
February 20, 2020 | Eric D. Fader | Cybersecurity | Electronic Health Records | HIPAA | Legislation and Public Policy
The HIPAA Breach Notification Rule requires that smaller data breaches – those involving fewer than 500 patient records – must be reported to the U.S. Department of Health and Human Services (HHS) no later than 60 days after the end of the calendar year in which the breach occurred. This year, the reporting deadline is …
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