Recording and written materials of AIS's audioconference on March 11, 2009

Major New HIPAA Requirements: How to Comply With Strong Privacy and Security Measures Signed by President Obama

The mammoth economic stimulus legislation signed by President Obama on Feb. 17 contains the most significant changes to federal health care privacy and security law since the enactment of HIPAA. The new law includes challenging new patient privacy and security requirements that will affect virtually all hospitals and other providers, health plans, and other HIPAA covered entities (CEs), as well as HIPAA business associates. Among other things, it regulates “business associates,” includes a strong security breach notice requirement, tightens rules on when PHI can be used for marketing, modifies the  accounting for PHI disclosures, increases penalties for noncompliance, and funds significantly more aggressive enforcement. Learn what specific steps your organization must take to incorporate this groundbreaking new federal law into your existing HIPAA compliance program.

Sponsored by Atlantic Information Services, Inc., publisher of Report on Patient Privacy, HIPAA Compliance Center and Report on Medicare Compliance

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There is a new HIPAA sheriff in town. The Obama Administration pledged stronger privacy enforcement and has just “put its money where its mouth is” by funding stronger enforcement, setting far stiffer penalties for noncompliance, and tightening a number of HIPAA compliance provisions, all of which will be effective after regulations are issued.

Piggybacked onto new electronic health records legislation, which was a high priority in President Obama’s stimulus package, new privacy and security measures in the HITECH Act (which is included in the American Recovery and Reinvestment Act of 2009) are now federal requirements for hospitals and other providers, health plans, and countless other HIPAA covered entities ... which must now understand and comply with them.

This is not another round of proposals from some federal subcommittee or privacy advocacy group. This is now federal law, and the financial penalties for noncompliance — in addition to the horrid publicity organizations get for privacy breaches and findings of noncompliance — will increase significantly in the near future.

Veteran HIPAA attorney Reece Hirsch, with Sonnenschein Nath & Rosenthal LLP in San Francisco, outlines the specific steps your organization must take soon to comply with:

Speaker

REECE HIRSCH, a partner in the San Francisco office of the law firm of Sonnenschein Nath & Rosenthal LLP, is one of the nation's leading health care privacy and security attorneys. Mr. Hirsch counsels hospitals, health plans, insurance companies, pharmaceutical companies, physician organizations and health care technology companies with respect to a wide range of privacy and security compliance issues. He has written and lectured extensively on HIPAA privacy and security, security breach notification issues, and state and federal privacy and security laws. Mr. Hirsch is a contributing author to AIS's HIPAA Compliance Center at www.AISHIPAA.com.

Moderator: Nina Youngstrom, Managing Editor, Report on Patient Privacy and Report on Medicare Compliance

 

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