bhoffman | August 16, 2010
By Norbert F. Kugele of Warner Norcross & Judd LLP, www.wnj.com
Back in February of 2009, many of us were somewhat taken aback to find HIPAA amendments in the economic stimulus bill. After months of delay, proposed regulations implementing these amendments – commonly known as the HITECH amendments – have finally arrived, and they contain a [...]
bhoffman | August 16, 2010
By Deborah J. Williamson of Warner Norcross & Judd LLP, www.wnj.com
A frequent question of physicians, medical practices and other providers I represent is whether the HIPAA Privacy Rule prohibits them from providing third-party payors with access to medical records for the purposes of an audit. In other words, does HIPAA prevent third-party payors from conducting [...]
bhoffman | August 12, 2010
By Norbert F. Kugele of Warner Norcross & Judd LLP, www.wnj.com
If a patient asks you not to report treatment to his or her health plan, are you prepared to carry out that request?
HIPAA privacy regulations have always given individuals the right to request restrictions on how health care providers use or disclose their information, but [...]
bhoffman | August 10, 2010
CCH® BENEFITS, www.hr.cch.com
An interim final rule under the Health Information Technology for Economic and Clinical Health (HITECH) Act was published in the Federal Register on Aug. 24, 2009, and became effective on Sept. 23, 2009.
bhoffman | August 3, 2010
By Patricia C. Shea of K & L Gates, www.klng.com
On July 7, 2010, the United States Department of Health and Human Services (HHS) conducted a press conference to announce long-awaited proposed modifications to the Health Insurance Portability and Accountability Act of 1996 rules on privacy, security and enforcement (the “Privacy Rule,” “Security Rule,” and “Enforcement [...]
Adam V. Russo | July 26, 2010
By: Philip L. Gordon
The U.S. Department of Health and Human Services (HHS) published on July 14, 2010, a voluminous Notice of Proposed Rulemaking (NPRM), containing dozens of proposed amendments to three sets of Health Insurance Portability and Accountability Act of 1996 (HIPAA) regulations: the Privacy Rule; the Security Rule; and the Enforcement Rule. The proposed [...]
Adam V. Russo | July 26, 2010
www.dwt.com; By Elizabeth J. Deckman
Health Care Reform: New Guidance on Patient Protections in Group Health PlansNew interim final rules address pre-existing condition exclusions, annual and lifetime limits, rescissions, and other patient protections
Recently, federal agencies issued new interim final rules to address several patient-protection provisions of health care reform. The new regulations provide guidance on pre-existing [...]
bhoffman | July 19, 2010
www.thompson.com
Health Net of Connecticut, Inc. agreed to pay $250,000 to resolve a HIPAA privacy lawsuit by the state of Connecticut that was the first to be filed under HIPAA’s recently added state enforcement powers. Connecticut Attorney General Richard Blumenthal had sued Health Net in January over a major data breach that the insurer suffered in [...]
Adam V. Russo | March 30, 2010
On March 15, 2010, the federal agency responsible for enforcing the Health Insurance Portability and Accountability Act (HIPAA) Privacy and Security Rules made an important announcement about its plans for enforcement of some of the new privacy and security requirements added by the Health Information Technology for Economic and Clinical Health (HITECH) Act.1 That agency, [...]
Adam V. Russo | December 28, 2009
by Barbra Rabinowitz, Berry,Odom & Rabinowitz, LLP
Final regulations under the Internal Revenue Code have recently been issued which require group health plan sponsors to self-report the applicable excise tax resulting from a failure to comply with several federal group health plan requirements. While the excise tax liability associated with failure to comply with such requirements [...]
Adam V. Russo | October 28, 2009
Reporting to Medicare
The purpose of these reporting requirements is to enable the Centers for Medicare & Medicaid Services (CMS) to determine whether those covered by Medicare are also covered by other insurance that, by law, must pay primary to Medicare.
Adam V. Russo | August 28, 2009
August 21, 2009
On August 19, 2009, the U.S. Department of Health and Human Services (“HHS”) posted an “advance copy” of its final HIPAA breach notification regulations on the HHS website. These regulations are expected to be published in the Federal Register on August 24, 2009. Once published, covered entities and business associates will, as a [...]
Adam V. Russo | August 28, 2009
Authors Gina M. Kastel & Maureen M. Maly
On August 19, 2009, the federal Department of Health and Human Services (HHS) issued the interim final rule regarding notification of breaches of unsecured protected health information under the privacy and security provisions of the Health Insurance Portability and Accountability Act of 1996 (HIPAA).
Adam V. Russo | August 28, 2009
Reprinted from REPORT ON PATIENT PRIVACY, the industry’s most practical source of news on HIPAA patient privacy provisions.
The first batch of government reviews of covered entities (CEs) for compliance with the security rule revealed a host of deficiencies, ranging from failure to conduct even an initial risk assessment to inconsistent employee training, according to a [...]
Adam V. Russo | July 10, 2009
Wilson Sonsini Goodrich & Rosati, www.wsgr.com
Recent changes to federal law governing health information suggest expanded regulation, increased enforcement, and significantly enhanced penalties could be on the horizon for businesses working in health and health-related areas. The Health Insurance Portability and Accountability Act (HIPAA), which was amended by the American Recovery and Reinvestment Act of 2009 [...]
