Archive for the ‘HIPAA’ Category

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 is not new, the final regulations now require the plan sponsor/employer to self-report such liability. Read more

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. Read more

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 practical matter, only have 30 days to comply with the new rules-a very short time and one which will force them to work very diligently to comply with the new rules. Read more

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). Read more

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 summary of findings and recommended corrective actions recently released by CMS. Read more

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 (ARRA) in February, regulates the use of, access to, and dissemination of healthcare information. The changes to HIPAA mean that more entities are subject to the law, and that there are new responsibilities for certain healthcare vendors and increased penalties for violations. The amended law also includes new security breach notification requirements for protected healthcare information. Read more

by Leah Carlson Shepherd of Employee Benefit News, www.benefitnews.com

New provisions to the Health Insurance Portability and Accountability Act that were included in the economic stimulus law signed in February could have broad implications for employers, their relationships with health insurers and their liability in protecting personal health information. Read more

Reprinted from REPORT ON PATIENT PRIVACY, the industry’s most practical source of news on HIPAA patient privacy provisions.

by Eve Collins, Editor of AIS Health, www.aishealth.com

Covered entities (CEs) are stemming their panic for now regarding the new accounting for disclosures requirements for electronic health records (EHRs) that were part of the HITECH Act, at least until they see guidance from HHS, which is due in August, consultants and privacy officials tell RPP. Read more

The HHS published its first guidance under the Health Information Technology for Economic and Clinical Health (HITECH) provisions of the American Recovery and Reinvestment Act. The HITECH Act amends the privacy and security provisions of HIPAA. This guidance provides key information to health care providers, health plans, health care clearinghouses and their business associates about the security of PHI. Read more

Click here to see the new HIPPA rules and regulations.