Oral arguments began on November 3, 2009 in a case that will test whether defendants in medical liability lawsuits are permitted under HIPAA to conduct informal interviews with plaintiffs’ other treating doctors. The federal Health Insurance Portability and Accountability Act (HIPAA) protects private health information and preserves patient confidentiality. In…
The Harris County Hospital District of Houston fired 16 employees last month for a major violation of the Health Insurance Portability and Accountability Act (HIPAA), which protects confidential patient information. The hospital district has not disclosed additional details about the violation, instead issuing a statement saying, “The Harris County Hospital…
Health Net became the latest company that lost data containing personal, financial and medical information of hundreds of thousands of Connecticut residents. The data disappeared from Health Net in May, but the company never informed consumers (or authorities) about the breach of privacy until about two weeks ago (a six-month…
HIPAA enforcement will be strengthened by an interim final rule posted today by the U.S. Department of Health and Human Services (HHS). The new rule increases significantly the penalties that may be imposed for HIPAA violations under the Health Information Technology for Economic and Clinical Health (HITECH) Act. HHS believes…
In Little Rock, Arkansas, Dr. Jay Holland, Sarah Miller, and Candida Griffin were sentenced this week for violating the Health Insurance Portability and Accountability Act (HIPAA). According to the U.S. Department of Justice press release, the three individuals plead guilty on July 20, 2009 “to misdemeanor violations of the health…
The HITECH Act (The Health Information Technology for Economic and Clinical Health Act), enacted February 17, 2009, significantly supplemented and altered the Health Insurance Portability and Accountability Act of 1996 (“HIPAA”). One such provision of the HITECH Act made both covered entities and their business associates liable for breaches of…
HHS turns HIPAA over to the Office for Civil Rights. Today, Kathleen Sebelius–Department of Health and Human Services (HHS) Secretary–transferred the Health Insurance Portability and Accountability Act of 1996 (HIPAA) Security Rule’s delegation from the Centers for Medicare and Medicaid Services (CMS) to the Office for Civil Rights (OCR). The…
Ambulatory Surgery Centers (“ASCs”) need to take note of additional federal Conditions for Coverage (“CFCs”) governing patient rights that took effect May 18, 2009. The Amendments to these CFCs, which the Centers for Medicare and Medicaid Services (CMS) published on November 18, 2008, are codified at “Part 416 – Ambulatory…
The Health Information Technology for Economic and Clinical Health (HITECH) Act, passed as a part of the American Recovery and Reinvestment Act of 2009 (ARRA) (i.e., the Stimulus Bill), requires the development of regulations requiring certain covered entities to provide thorough notification in the cases where there has been a…
The Health Information Technology for Economic and Clinical Health Act (“HITECH Act” or the “Act”) included in the “Stimulus Bill” significantly expands HIPAA privacy and security provisions. Health care organizations and providers may be interested in some of the critical aspects of the HIPAA privacy and security portions as follows:…