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  Department of Health and Human Services Issues Breach Notification Rules for Unsecured Protected Health Information.Ford & Harrison LLP - September 03, 2009 On August 24, 2009, the Department of Health and Human Services ("HHS") issued its interim final rule with regard to breach notification requirements for unsecured protected health information. Under the Health Information Technology for Economic and Clinical Health (HITECH) Act, which is part of the American Recovery and Reinvestment Act of 2009, HHS was required to issue interim final regulations regarding notification provisions in the event of a breach of unsecured protected health information. Generally, the HITECH Act requires HIPAA covered entities (i.e. health plans, health care providers who transmit certain transactions electronically and health care clearinghouses) to provide notification to affected individuals upon the discovery of a breach of unsecured protected health information. A notice is also required to be sent to a major media outlet if more than 500 individuals within a state or jurisdiction are impacted by the breach. Additionally, covered entities are required to notify HHS in the event of a breach of unsecured protected health information impacting 500 or more individuals. Report Link Privacy Notice Reminder.Fisher & Phillips, LLP - May 06, 2009 Group health plans that were required to comply with privacy requirements of the Health Insurance Portability and Accountability Act (HIPAA) by April 14, 2003 (i.e., large health plans) now have an obligation to notify individuals who are covered by the plan that the privacy notice is available, and to tell them how to obtain the notice. This reminder notice must be sent at least once every three years. Report Link Stimulus Package Expands the Applicability and Penalties of the HIPAA Privacy and Security Regulations.Baker, Donelson, Bearman, Caldwell & Berkowitz, PC - March 27, 2009 Health care providers and businesses that play in the electronic medical/health record space should take heed: The Health Information Technology for Economic and Clinical Health Act (HITECH Act), which is part of the American Recovery and Reinvestment Act of 2009 (the "Stimulus Package") signed into law on February 17, 2009, will bring about major changes to the requirements, application and penalties associated with the Health Insurance Portability and Accountability Act of 1996 Privacy and Security Regulations (referred to jointly as "HIPAA" and singly as the "Privacy Regulations" and the "Security Regulations" for purposes of this Advisory). Report Link Recent Enforcement Actions and Significant Amendments to the HIPAA Privacy Rule Compel Employers to Revisit Their HIPAA Compliance Efforts.Littler Mendelson, P.C. - March 04, 2009 Two recent enforcement actions and significant amendments to the HIPAA Privacy Rule, enacted as part of the federal government's massive economic stimulus bill (the "American Recovery and Reinvestment Act of 2009" (ARRA)), should re-focus employers on their HIPAA compliance efforts. Report Link Hospital to Pay $100,000, Comply with 3-Year Corrective Action Plan for HIPAA Data Breach.Jackson Lewis LLP - July 25, 2008 The U.S. Department of Health & Human Services (HHS) has announced that it has entered into a Resolution Agreement, for the first time, concerning potential violations of the privacy and security regulations under the Health Insurance Portability and Accountability Act of 1996 (HIPAA). The Resolution Agreement, entered into on July 16, 2008, requires a Seattle-based health care provider, Providence Health & Services, to pay $100,000 and to implement a detailed, three-year corrective action plan to ensure that it will appropriately safeguard identifiable electronic patient information. By agreeing to this Resolution Agreement, the provider avoided the imposition of potentially significant civil monetary penalties under HIPAA. Report Link Imminent HIPAA Notice Obligation for Small Health Plans.Littler Mendelson, P.C. - April 18, 2007 The small health plan deadline for the HIPAA privacy notice passed a few days ago -- did you make the cut? Report Link HIPAA Privacy Notice Reminder for "Small" Health Plans.Jackson Lewis LLP - April 04, 2007 The compliance date deadline for the HIPAA small health plan Privacy Rule is fast approaching -- April 14, 2007. Are you in compliance?
Report Link HIPAA Compliance Reminders (pdf).Vedder Price - April 07, 2006 The HIPAA Privacy Rule requires employers who
sponsor a group health plan to notify plan participants at
least once every three years of the availability of the
plan’s Notice of Privacy Practices (“Privacy Notice”)
and of how to obtain a copy of the Privacy Notice. Report Link May a health plan disclose protected health information to a person who calls the plan on the beneficiary's behalf?Jackson Lewis LLP - March 21, 2006 A frequent question of plan sponsors is under what conditions may health plans disclose protected health information to a person who calls the plan on the beneficiary's behalf. On March 14, 2006, the Department of Health and Human Service's Office of Civil Rights provided guidance on this question in its frequently asked questions section. Report Link Most Health Plans Must Remind Participants of Availability of Notice of Privacy Practices.Jackson Lewis LLP - March 13, 2006 Employers should take note that the Health Insurance Portability and Accountability Act's Privacy Rule requires a health plan to remind participants of the availability of the plan's Notice of Privacy Practices, as well as how to obtain a copy, at least once every three years. The three-year anniversary of the compliance date for the Privacy Rule for most covered health plans is April 14, 2006; for small health plans, the third anniversary of the compliance date is April 14, 2007. Report Link Compliance Alert: HIPAA Privacy Rules for Small Employer Group Health Plans Effective on April 14.Jackson Lewis LLP - April 06, 2004 Company health plans, whether fully insured or self-funded, are most likely covered by the requirements of the Privacy Rules of the Health Insurance Portability and Accountability Act. The rules become effective for small employer heath plans on April 14, 2004. Report Link Small Employer Obligations Under HIPAA Privacy Rules (Part II).Jackson Lewis LLP - January 16, 2004 As most health plans will be subject to the privacy regulations recently issued under the Health Insurance Portability and Accountability Act of 1996 (Privacy Rules), the question becomes what is the scope of the plan's compliance obligations. Report Link Small Employer Obligations Under HIPAA Privacy Rules.Jackson Lewis LLP - December 19, 2003 Many employers may not realize that the same Health Insurance Portability and Accountability Act regulations giving health care providers a compliance headache also apply to most employer-provided health plans. Report Link Jumping The Hurdles of The HIPAA Privacy Rule.Jackson Lewis LLP - September 15, 2003 If your law practice involves the routine use of medical records in the prosecution or defense of litigation, around April of this year you may have noticed a change in attitude among many recipients of your standard medical record subpoena duces tecum. Welcome to the new world of the HIPAA Privacy Rule. Report Link Updated Guidance Precedes Upcoming Deadline For HIPAA Privacy Compliance.Jackson Lewis LLP - December 20, 2002 On December 3, 2002, the Department of Health and Human Services issued a compilation of new and existing guidance about key elements of the requirements of the Health Insurance Portability and Accountability Act of 1996 ("HIPAA") Standards for Privacy of Individually Identifiable Health Information (the "Privacy Rule").
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