Data Privacy & Security/HIPAA/HITECH

Recent national tragedies have refocused the nation on an important question:

Can or should a physician face civil liability for failing to warn of the dangers posed by a patient who later commits violence?

Husch Blackwell attorneys Greg Minana and Justin Stephens addressed this question under Missouri law in an article published in the May/June issue of Missouri Medicine.   In

Are you still trying to understand the changes made in the HIPAA Omnibus Rule?

Do you want an opportunity to ask questions and hear how other providers are handing HIPAA issues?

Do you need a chance to brush up on your HIPAA knowledge and evaluate current strategies? 

If so, then you should consider attending one

Are healthcare providers at your facility texting patient information to each other?  This type of communication is becoming more and more common, but such text messages are often in violation of HIPAA.  To address this issue, Sprint announced last week that it is now offering two texting products that provide the proper security for PHI

If you have been struggling to figure out the risk assessment requirements of the Final HIPAA Omnibus Rule, then you are in luck.  Join us for a webinar!  Husch Blackwell attorneys Pete Enko and Peter Sloan along with Director of Information Management Consulting Deb Juhnke will present the Who, What, When, How and Why

This post was provided by Debbie Juhnke in Husch Blackwell’s Information Governance group.

According to a recent KPMG report on data loss, the healthcare industry’s greatest exposures for data loss are hard copy loss/theft, PC theft, and social engineering, ranking first (in a tie), second, and third against other sectors respectively for percentage of data

Cyber security is on everyone’s mind.  President Obama signed an executive order in February aimed at increasing protection of our nation’s critical infrastructure, while HHS released its new HIPAA mega rule in January (effective in March) in an effort to strengthen the security of electronic health records.  As providers work to update their HIPAA policies

On Thursday, March 7, 2013, the Office of the National Coordinator for Health Information Technology and the Centers for Medicare and Medicaid Services (CMS) released a notice and request for information concerning using additional policy levers to accelerate the adoption of electronic health record systems (EHRs). In part, the agencies are looking to increase the number of provider practices satisfying the core requirements for Meaningful Use under the Health Information Technology for Clinical and Economic Health (HITECH) Act.

In the notice, the agencies state that they are looking to accomplish this acceleration by “engaging other policy areas” within the jurisdiction of the U.S. Department of Health & Human Services (HHS), and may include a combination of incentives, payment adjustments, and new requirements. The agencies have identified three main areas in which to use the policy levers:

  • Low rates of EHR adoption and exchange of health information among post-acute and long-term care providers;

On January 17, 2013, the Office for Civil Rights of the U.S. Department of Health & Human Services issued its final rule modifying the Health Insurance Portability and Accountability Act of 1996 (HIPAA) privacy, security, enforcement, and breach notification rules under the Health Information Technology for Economic and Clinical Health (HITECH) Act. The final rule

Pediatric critical care transport teams at the Alfred I. duPont Hospital for Children in Wilmington, Delaware participated in a study using iPads to communicate about the patient’s condition prior to and during transport.  The study, which was funded by the Nemours Fund for Children’s Health, found that use of iPads provided better communication between the transport

The Long-Awaited HIPAA Omnibus Rule was just issued by HHS.

Brown McCarroll is reviewing the  563 page prepublication version of the new HITECH Act rules.  Of importance, there are new requirements for business associates and their subcontractors , as well as significant changes for hospitals and health systems, including provisions requiring changes to the Notice