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Tag Archives: Hitech Act

OCR Releases Sample Business Associate Agreement Provisions

Posted in Data Breach Notification, Data Compliance & Security, HIPAA/HITECH, Privacy Regulation

 Written By Kimberly Gold   The Department of Health and Human Services, Office for Civil Rights (OCR) has posted on its website sample business associate agreement provisions to help covered entities and business associates comply with the new business associate agreement requirements under the final HIPAA Omnibus Rule. The HIPAA Omnibus Rule modified the minimum required… Continue Reading

Patient privacy group welcomes HHS withdrawal of HITECH Act breach notification rule

Posted in Data Breach

The Patient Privacy Rights Foundation welcomed last week’s announcement by the Department of Health and Human Services (HHS) that it was withdrawing the health data breach notification rule. The Foundation called the withdrawal a “huge step in the right direction” and reiterated its disappointment with the ‘harm threshold’ provision, which allows health care providers to… Continue Reading

July 13 Data Security Workshop – FREE

Posted in Data Breach

On July 13, Mintz Levin will be joined by Sophos, Six Weight Consulting, and MFA Cornerstone Consulting to hold a free compliance workshop focused on both the gaps and overlap of Massachusetts’ data protection regulation 201 CMR 17.oo and the recent updates to federal health and medical data privacy found in the HITECH Act. We’ll… Continue Reading

Proposed HITECH Regulations Out in May?

Posted in Legislation

Buried in a part of today’s Federal Register was the publication of the Department of Health and Human Services’ regulatory agenda. The agenda presents a forecast of expected HHS rulemaking activities and suggests that in May of this year HHS will issue the long-awaited proposed rules to modify the HIPAA Privacy, Security, and Enforcement Rules… Continue Reading

HHS Announces Delay in Enforcement of HITECH Rules as Applied to Business Associates

Posted in Legislation

As we have discussed before, HHS’s Office of Civil Rights has let it be known that a proposed rule implementing the HITECH Act’s privacy and security provisions as they apply to business associate liability is in the works. The proposed rule will also deal with new limitations on the sale of protected health information, marketing,… Continue Reading

Quick Compliance Survey

Posted in Data Breach

No, we’re not “taking names” here. This is just a 10-question survey to gauge some basic compliance metrics. Please participate! Click here to take survey

Today is the day……

Posted in Data Compliance & Security

After implementation delays and rule changes, new data protection regulations that are widely considered the most stringent in the nation take effect today. The Massachusetts data security regulations require institutions that hold personal data on Massachusetts citizens to encrypt that information and implement written data protection policies, reports the Boston Globe. Discussion continues and questions… Continue Reading

Today’s compliance deadline – Enforcement of the HITECH/HIPAA data breach notification rule

Posted in Data Breach

February and March are just full of significant deadlines for privacy/security reporting and compliance. Today is the day that the Health & Human Services Office of Civil Rights begins to enforce the HITECH/HIPAA data breach notification rule. To “celebrate” the occasion, the agency publicly posted the first list of reported breaches affecting 500 or more… Continue Reading

HITECH Act Compliance Date Arrived — Without the Promised Regulatory Guidance

Posted in Legislation

We have been so focused on the upcoming Massachusetts data security deadline, that we let one last week go without fanfare. As we have gently reminded you on several occasions, the new HIPAA privacy and security rules contained in the Health Information Technology for Clinical and Economic Health Act (HITECH) became effective on February 17th…. Continue Reading

Data Privacy Day Tip #2 – HITECH Act

Posted in Legislation

Written by Dianne BourqueEffective February 17, 2010, significant new compliance obligations will be imposed on business associates through the HITECH provisions of the American Recovery and Reinvestment Act of 2009 (“ARRA”). Business associates (or organizations that use or disclose protected health information on behalf of covered entities subject to HIPAA) will be directly liable for… Continue Reading

Connecticut Attorney General Brings Charges Against Health Net for HIPAA Violations

Posted in Data Breach

Written by Dianne Bourque   On January 13, Connecticut Attorney General Richard Blumenthal filed charges against Health Net of Connecticut, Inc., for violating federal privacy law. Blumenthal is the first state attorney general to file such a suit using HIPAA enforcement authority granted to states under the HITECH provisions of the American Recovery and Reinvestment… Continue Reading

Massachusetts Data Security Standards vs. New HIPAA Guidelines

Posted in Data Compliance & Security

Here’s a link to an article (by the author of this blog…) comparing the Massachusetts data security standards (effective January 1, 2010) to the Department of Health & Human Services Guidelines promulgated under the new HITECH Act (effective in mid-September).   Compliance challenges are coming on all fronts — and it’s best not to duplicate… Continue Reading