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Privacy Law Blog

Tag Archives: HITECH

HHS Empowers Consumers to Know (and Enforce) their Rights Under HIPAA

Posted in Electronic Communications, HIPAA, Medical Privacy

The U.S. Department of Health and Human Services (HHS) Office for Civil Rights (OCR) published on its website a series of factsheets designed to educate consumers unfamiliar with their rights under the Health Insurance Portability and Accountability Act’s (HIPAA) Privacy and Security Rules.  These four factsheets are described in detail below and are available in… Continue Reading

OCR Issues Guidance On HIPAA Privacy Rule’s De-Identification Standard

Posted in HIPAA, Medical Privacy

On November 26, 2012, the Department of Health and Human Services Office for Civil Rights (“OCR”) published a thirty-two page document titled “Guidance Regarding Methods for De-identification of Protected Health Information in Accordance with Health Insurance Portability and Accountability Act (HIPAA) Privacy Rule” (“De-Identification Guidance”).  OCR described the guidance document as a culmination of two… Continue Reading

HIPAA Privacy In The Aftermath Of Sandy: Be Prepared For The Next Emergency

Posted in HIPAA, Medical Privacy, Miscellaneous, Mobile Privacy, Workplace Privacy

As health care providers, patients, family members, friends, and disaster relief agencies such as the American Red Cross continue to grapple with the aftermath of Hurricane Sandy it is important to be mindful of privacy regulations and to prepare in advance for the next emergency. The Health Insurance Portability and Accountability Act  of 1996 (“HIPAA”… Continue Reading

Decrypting HHS Guidance on Breach Notification and Security under the HITECH Act: NIST, FIPS, and More

Posted in Medical Privacy, Security Breach Notification Laws

Two months after Congress mandated notification for the breach of unsecured protected health information (PHI), the Secretary of Health and Human Services (HHS) defined what it means to be “unsecured.” As required by Section 13402 of the HITECH Act, H.R. 1, 111th Cong. (1st Sess. 2009) (which was part of the American Recovery and Reinvestment Act of 2009), the Secretary issued guidance and a request for comments on the technologies and methodologies rendering information unusable, unreadable or indecipherable. 74 Fed. Reg. 19006 (Apr. 27, 2009) (to be codified at 45 C.F.R. pts. 160, 164).