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Health System Transformation and the Role of Health Information Law

This article, written by Jane Hyatt Thorpe for Public Health Reports, explains the legal aspects of health information and why they are critical for successful health system transformation.  In particular, this article looks at the legal and policy issues surrounding the electronic exchange of patient health information, and ways to support health system transformation through new health... Read More >

Understanding the Interaction Between EPSDT and Federal Health Information Privacy and Confidentiality Laws

This paper examines the federal and state law underpinnings of access to patient health records across health care providers and settings of care for Medicaid-enrolled children, who are entitled to Early and Periodic Screening Diagnostic and Treatment (EPSDT).  This analysis sets forth the relevant laws of the HIPAA Privacy Rule, the Family Educational Rights and Privacy Act (FERPA), and 42... Read More >

HIPAA Business Associate Resources: Determine What a Business Associate Is and What It Means

  HealthInfoLaw.org has posted three new resources related to business associates under the HIPAA Privacy and Security Rules. These short and straightforward documents are intended to help organizations determine their business associate status under HIPAA and the implications of that status. Fast Facts: “Are You a Business Associate Under the HIPAA Privacy and Security Rules?... Read More >

Health Information Implications of the Proposed 2014 Budget

President Obama’s proposed budget for 2014 contains numerous provisions that directly impact the collection, creation, and use of health information. The proposed budget includes $967.3 billion in outlays for the Department of Health and Human Services and makes legislative proposals that would save an estimated $361.1 billion (net) over ten years. In conjunction with the release of... Read More >

President's Budget Addresses Use and Disclosure of Health Information

President Obama’s proposed budget for 2014 contains numerous provisions that directly impact the collection, creation, and use of health information. These health-related provisions, highlighted below, invest in programs and services designed to improve access, quality and efficiency across all federal health care programs in part through enhanced exchange of health information to better... Read More >

Highlights of the Final Omnibus HIPAA Rule

On January 17, 2013, the U.S. Department of Health and Human Services (HHS) issued an omnibus Final Rule, which modifies the HIPAA Privacy, Security, Enforcement, and Breach Notification Rules, as required by the Health Information Technology for Economic and Clinical Health Act (HITECH).  It also includes changes to the Privacy Rule requires by the Genetic Information Nondiscrimination Act... Read More >

HHS Releases Final Rule on HIPAA Privacy, Security, and Enforcement Regulations

The U.S. Department of Health and Human Services’ (HHS) Office for Civil Rights (OCR) issued a 563-page omnibus final rule last Thursday, updating the Health Insurance Portability and Accountability Act (HIPAA) privacy, security, and enforcement regulations, as required by the Health Information Technology for Economic and Clinical Health Act (part of  the American Recovery and... Read More >

The Meaningful Use Stage 2 Final Rule: Overview and Outlook

On August 23, 2012, the Centers for Medicare and Medicaid Services (CMS) published a final rule on the Stage 2 Meaningful Use criteria that eligible professionals (EPs), eligible hospitals and critical access hospitals (CAHs) must meet to qualify as meaningful users of electronic health records (EHRs) and receive incentive payments under the Medicare and Medicaid programs. This final rule... Read More >

State Health Insurance Exchange Laws: The First Generation

This issue brief examines the efforts by 13 states and the District of Columbia to establish a health insurance exchange as part of the Patient Protection and Affordable Care Act, as of May, 2012.... Read More >

Summary of the U.S. Supreme Court decision in the case of National Federation of Independent Businesses et al. v. Sebelius, Secretary of Health and Human Services, et al.

The Supreme Court handed down its long-awaited ruling in the case of National Federation of Independent Businesses et al. v. Sebelius, Secretary of Health and Human Services, et al., upholding the individual requirement to maintain insurance coverage as a reasonable exercise of Congress’s taxing and spending authority and also upholding the constitutionality of the Medicaid coverage... Read More >