Category Archives: HIPAA Law

HIPAA Portability Rules Change

Just came across this article from Business & Legal Reports. The initial HIPAA rules were issued in 1997. Well, there have been several modifications since then. Are you compliant with the 1997 rules, or the latest (including the modifications)? It’s probably best to be on the safe side and review all of the major changes…

HIPAA Enforcement Lax?

A Silicon Valley Business Journal article reports that enforcement of HIPAA regulations may not be enforced with an iron fist. Well, folks, looks like that’s it for HIPAA Blog. No need to keep updating this site if it’s not going to be enforced. If you’re not going to be prosecuted (or fined heavily)… why worry…

AHA calls for guidance on HIPAA National Provider Identifier (NPI)

The AHA (American Hospital Association) testified before Congress on April 6, 2005 regarding the National Provider Identifier (NPI) regulation. Their testimony recommends additional guidance about subpart identification in particular as well as suggests a timeline for implementation.

HIPAA Survey Finds Most Firms Are Prepared, Though Issues Loom

A new survey has found that most organizations are ready for the April 20 deadline for meeting HIPAA compliance regulations. Healthcare and related organizations have just over two weeks to meet new rules for protecting patient data or face possible fines, criminal penalties and negative publicity. While many IT professionals involved with Health Insurance Portability…

Living with HIPAA: Enforcement of the Privacy Rule Today

This article is a little dated but has some decent info. Robin Johnson discusses enforcement of HIPAA Laws: It has been almost one year since the April 14, 2003 effective date of the HIPAA Privacy Rule. 1 At this time, your organization has likely implemented HIPAA privacy policies and procedures, prepared a standard authorization form,…

The HIPAA Security Rule – Sorry, You’re Not Done Yet

Paul Litwak of the National Council for Community Behaviorl Healthcare says: By now, any sensible person has had enough of HIPAA. 1 Even those who have been helped most by the HIPAA rules — lawyers and consultants — are getting sick of it. But, for better or for worse, it isn’t over yet. There is…

HIPAA FAQs about Lawyers as Business Associates under HIPAA

Want to know exactly what the rules are concerning your lawyer or attorney regarding being a business associate? The OCR has the answers. 1 New – May a covered entity that is a party in a legal proceeding use or disclose PHI for the litigation? 2 New – Must lawyer-business associates require others to agree…

Patient Sues Healthcare System Over Ad Containing PHI

Interesting case where a doctor holding a file in an advertisement was actually holding a real live patient’s file. Stupidity like this can only be rewarded by fat lawsuit the patient has filed against the hospital system. HIPAAnews – The Latest News about HIPAA A Cumberland County, PA, woman is suing a major midstate hospital…

HIPAA Law Handcuffs Hospitals and Police

Police and Law Enforcement officials are often burdened, some say unnecessarily so, with medical privacy restrictions and obligations. In many instances, these officials must act fast or risk losing suspects, data, or other valuable information. It appears this happened over the weekend when “Binghamton General Hospital staff members released a man Endicott police intended to…

CMS NAMED TO ENFORCE HIPAA TRANSACTION AND CODE SET STANDARDS

This is from way back in 2002, but the CMS hasn’t put out a whole lot more on the topic of HIPAA enforcement since then. We’ll keep you posted on any other HIPAA enforcement news. 2002.10.15: CMS NAMED TO ENFORCE HIPAA TRANSACTION AND CODE SET STANDARDS News Release FOR IMMEDIATE RELEASE October 15, 2002 Contact:…

HIPAA Compliance Dates

Compliance Schedule All covered entities, except “small health plans,” must be compliant with the Privacy Rule by April 14, 2003.90 Small health plans, however, have until April 14, 2004 to comply. Small Health Plans. A health plan with annual receipts of not more than $5 million is a small health plan.91 Health plans that file…

HIPAA Enforcement and Penalties for Noncompliance

Compliance. Consistent with the principles for achieving compliance provided in the Rule, HHS will seek the cooperation of covered entities and may provide technical assistance to help them comply voluntarily with the Rule.87 The Rule provides processes for persons to file complaints with HHS, describes the responsibilities of covered entities to provide records and compliance…

HIPAA State Law

Preemption. In general, State laws that are contrary to the Privacy Rule are preempted by the federal requirements, which means that the federal requirements will apply.85 “Contrary” means that it would be impossible for a covered entity to comply with both the State and federal requirements, or that the provision of State law is an…

HIPAA Law Background

The Health Insurance Portability and Accountability Act of 1996 (HIPAA), PublicLaw 104-191, was enacted on August 21, 1996. Sections 261 through 264 of HIPAA require the Secretary of HHS to publicize standards for the electronic exchange, privacy and security of health information. Collectively these are known as the Administrative Simplification provisions. HIPAA required the Secretary…