The Department of Health and Human Services (“HHS”) has issued a formal request for information from the public about how regulated entities are implementing industry recognized security practices. The request for information represents a chance for the private sector to contribute to HHS regulation. Interested parties have until June 6
HITECH
HHS Empowers Consumers to Know (and Enforce) their Rights Under HIPAA
By Ryan P. Blaney on
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…
OCR Issues Guidance On HIPAA Privacy Rule’s De-Identification Standard
By Ryan P. Blaney & Tzvia Feiertag on
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 years of work by “stakeholders with practical, technical and policy experience in de-identification.” OCR also acknowledged that the guidance implements many of the issues and topics that were raised during an OCR workshop held in Washington, DC on March 8-9, 2010.…
HIPAA Privacy In The Aftermath Of Sandy: Be Prepared For The Next Emergency
By Ryan P. Blaney on
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” or “Privacy Rule”) protects individually identifiable health information held by “covered entities.” The information protected is referred to as protected health information or PHI. The Privacy Rule permits covered entities to disclose PHI for a variety of purposes including to (a) treat patients; (b) identify, locate and notify family members, guardians, or anyone else responsible for an individual’s care; (c) obtain the services of disaster relief agencies; (d) conduct public health activities; and (e) prevent or lessen serious and imminent threats to health or safety.…
Cignet Proves That It Is Bad To Violate The HIPPA Privacy Rule, But Worse To Ignore HHS
By Sara Krauss on
Cignet Health was fined $4.3 million by the U.S. Department of Health and Human Services’ (HHS) Office of Civil Rights for violating the Privacy Rule of the Health Insurance Portability and Accountability Act of 1996.
…
Decrypting HHS Guidance on Breach Notification and Security under the HITECH Act: NIST, FIPS, and More
By Sara Krauss on
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).
…