Showing 30 posts in HIPAA.
Health Plans Take Notice: Compliance with HIPAA Administrative Simplification Rules is still Required
On Jan. 2, 2014, the Department of Health and Human Services (“HHS”) issued a proposed rule related to the Administrative Simplification requirements of the Health Insurance Portability and Accountability Act of 1996 (“HIPAA”). Specifically, it delayed the date by which health plans must certify compliance with certain operating rules imposed by the Affordable Care Act (“ACA”).
The ACA required the Secretary of HHS to adopt operating rules related to claims status, eligibility, electronic funds transfers ("EFT") and health care payment and remittance advice transactions ("ERA"). Health plans (and other covered entities) were required to comply with the claims status and eligibility operating rules by Jan. 1, 2013 and the EFT and ERA operating rules by Jan. 1, 2014. Additionally, health plans were required to file a statement with HHS certifying that the health plan is in compliance with the operating rules. This certification statement was due by Dec. 31, 2013. Read More ›
Categories: Billing/Payment, Compliance, Health Care Reform, HIPAA, Insurance, Privacy, Providers
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HIPAA Changes Taking Effect; Are You Ready?
With the HIPAA changes taking effect in September of 2013, many health care providers are scrambling to update notices and policies to become compliant. One such notice that needs to be updated is the Notice of Privacy Practices. Read More ›
Categories: HIPAA
IRS Questioned by House Committee Following Alleged Seizure of Medical Records
On Tuesday, June 11, members of the House Committee on Energy and Commerce sent a letter to acting IRS Commissioner Daniel Werfel requesting information regarding how the IRS handles confidential medical information. The letter comes after a recent lawsuit alleging that the IRS illegally seized over 60 million medical records in 2011.
The lawsuit, a class action filed by an unnamed health care provider against 15 unnamed IRS agents, alleges that the agents improperly seized the medical records in violation of the Fourth Amendment during a search executed on March 11, 2011. According to the complaint, the agents seized more than ten million medical records despite knowing that the records were not within the scope of their warrant, (which authorized only the seizure of financial records related to a former employee). The seized records allegedly contained "intimate and private information . . . including psychological counseling, gynecological counseling, [and] sexual or drug treatment." The complaint further alleges that the agents threated to "rip out" the servers containing the medical data if the company's IT personnel did not voluntarily transfer the information to the IRS. Read More ›
Categories: Health Care Reform, HIPAA
Recap From the 2013 Health Law Institute
On March 7 and 8, 2013, the members of Foster Swift’s Health Care Law Group attended the 19th Annual Health Law Institute. This two-day institute, which is co-sponsored by the Institute for Continuing Legal Education and the Health Care Law Section of the State Bar of Michigan, focused on recent legal developments in health care law. Specific topics addressed at this year’s Health Law Institute included: Read More ›
Categories: Health Care Reform, Health Insurance Exchange, HIPAA, Hospitals, Insurance, Physicians, Regulatory
Long-Awaited Privacy Rules Just Published
The Office for Civil Rights of the Department of Health and Human Services recently released its final rule (the "Rule") modifying the Health Insurance Portability and Accountability Act ("HIPAA") and implementing the statutory requirements of the Health Information Technology for Economic and Clinical Health Act (“HITECH”). (The Rule was originally expected to be released in February of 2010 when HITECH became effective.) In short, the Rule: modifies HIPAA’s privacy, security and enforcement rules; changes HIPAA’s enforcement rules to increase penalties consistent with HITECH; provides a final rule on breach notification; and modifies HIPAA as required by the Genetic Information Nondiscrimination Act.
The new rule is approximately 563 pages and can be accessed here. If you have any questions about how the Rule may impact your health care practice, please contact Nicole Stratton at (517) 371-8140 or by using the form below.
Categories: Compliance, HIPAA, HITECH Act, Hospitals, Physicians, Privacy, Regulatory
Newly Released Audit Protocol Serves as Guidance for Compliance Programs
The Health Information Technology for Economic and Clinical Health Act ("HITECH Act"), passed in 2009, imposed new requirements on health care providers (among others) related to the privacy and security of Protected Health Information ("PHI"). Included in the HITECH Act's requirements was a mandate that the Department of Health and Human Services’ ("HHS") Office for Civil Rights ("OCR") conduct audits to analyze the processes, controls and policies of certain covered entities. The pilot program for such audits began in 2011 and will conclude in December, 2012. Read More ›
Categories: Compliance, HIPAA, HITECH Act, Hospitals, Physicians, Regulatory
Into the Breach . . .
Smartphone usage has skyrocketed in the past few years. Physicians are no exception to the trend - with more than 81% of physicians using smartphones. Disturbingly, the number of health data breaches has risen in tandem with increased smartphone usage, and most experts agree that the increase is no coincidence.
Recent reports have indicated that 96% of all health care organizations have experienced at least one data breach during the past two years. Although the report did not detail the number of data breaches attributable to mobile devices, there is agreement that the widespread use of mobile devices is putting patient data at risk. Read More ›
Categories: HIPAA
Auditing for HIPAA Compliance - It's Coming!
The Department of Health and Human Services ("DHHS") is moving forward with its HIPAA auditing program, which will launch in late 2011 or in 2012. After the audit protocols have been created, they will be field-tested through approximately 20 audits. Once the field tests are completed, up to 150 on-site audits will take place through the end of 2012. It is not clear which types of entities will be selected for audit. It is also not yet clear whether the DHHS Office for Civil Rights ("OCR") will audit only covered entities, or whether business associates will be audited as well. In addition, the OCR has not yet determined whether or how it will publish its audit results. Given the significance of being subject to a HIPAA audit, organizations should take this time to review their policies and procedures for HIPAA privacy and security compliance. Moreover, with the newness of electronic health record ("EHR") systems, those with EHR will especially want to make sure that these systems are compliant. Please contact me at 517.371.8231 or 906.226.5501 if you would like assistance with any review.
Categories: Electronic Health Records, HIPAA, HITECH Act, Regulatory
Physician-Patient Privilege Restricts Enforcement of Non-Compete and Non-Solicitation Clauses in Physician Employment and Practice Agreements
A recent decision by the Michigan Court of Appeals imposes a substantial obstacle to enforcing contracts that prohibit physicians from soliciting or servicing patients after leaving employment or separating from a practice. Steiner v Bonanni (decided April 7, 2011). Read More ›
Categories: Employment, HIPAA, Hospitals, Physicians
Recent Enforcement Activity for HIPAA Violations
The United States Department of Health and Human Services' Office for Civil Rights (OCR) recently imposed a civil monetary penalty of just over $4.3 million against Cignet Health of Prince George's County, Maryland (Cignet). Forty-one patients had filed complaints with OCR after being denied access to their medical records by Cignet. OCR investigated the matter and determined that Cignet had indeed violated the patients' rights by denying them access to their medical records. The penalty for these violations was $1.3 million. However, Cignet also failed to cooperate with the OCR investigation, and was fined an additional $3 million for such failure. Read More ›
Categories: HIPAA, HITECH Act
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Best Lawyers® 2021
Congratulations to the attorneys of the Health Care practice group at Foster Swift Collins & Smith, PC for their inclusion in the Best Lawyers in America 2021 edition. Firm-wide, 44 lawyers were listed. Best Lawyers lists are compiled based on an exhaustive peer-review evaluation and as lawyers are not required or allowed to pay a fee to be listed; inclusion in Best Lawyers is considered a singular honor. Health Care practice group members listed in Best Lawyers are as follows:
- Jennifer B. Van Regenmorter, Holland
To see the full list of Foster Swift attorneys listed in Best Lawyers 2021, click here.