On May 31, 2012, Department of Health and Human Services (HHS) Director of the Office of Civil Rights Leon Rodriguez issued a memo to consumers regarding those consumers’ right to access their protected health information and medical records. In this memo, Rodriguez stressed that it is important for consumers and…
The Office of Civil Rights (OCR) announced yesterday that its Health Insurance Portability and Accountability Act (HIPAA) Enforcement Training tools would be available to the general public today, June 5, 2012. Since 2009, as part of the Health Information Technology for Clinical and Economic Health (HITECH) Act, State Attorneys General…
On May 10, 2012 the United States Court of Appeals for the Ninth District decided that criminal charges under the Health Insurance Portability and Accountability Act (HIPAA) do not require that an individual have knowledge that their actions are illegal. The case, United States of America v. Zhou, is the…
The first enforcement action from a breach report required by the Health Information Technology for Economic and Clinical Health (HITECH) Act Breach Notification Rule has resulted in an agreement by Blue Cross Blue Shield of Tennessee (BCBST) to pay the Department of Health and Human Services (HHS) $1.5 million. BCBST…
According to a Boston Globe article, Tufts Medical Center and one of its primary care doctors are being sued by a patient whose privacy rights were allegedly violated when her medical history was sent to a fax machine at her workplace without her consent. The patient, Kimberly White, was recovering…
The Department of Health and Human Services (HHS) has issued a notice of proposed rulemaking to modify the HIPAA Privacy Rule in accordance with the Health Information Technology for Economic and Clinical Health Act (HITECH) requirement that users of electronic health records (EHRs) provide a more extensive accounting of disclosures…
The percentage of physicians in the United States using electronic health records (EHR) has increased by nine percent (20% to 29%) over the past twelve months. The push towards electronic records has been firmly supported by the current and previous presidential administrations. The Obama Administration aims to have at least…
Two hospitals in Anoka County have fired 32 employees for accessing the medical records of patients without permission or a legitimate reason to do so. The employees accessed the medical records of certain patients that were hospitalized due to a massive drug overdose stemming from a party; the overdoses were…
The Centers for Medicare and Medicaid Services recently published an MLN Matters Article regarding the length of time physicians are required to retain documentation. The article reiterated that the Health Insurance Portability and Accountability Act (HIPAA) of 1996 requires a covered entity to retain required documentation for six years from…
The Department of Health and Human Services (HHS) hosted a press conference today to announce changes to the Health Insurance Portability and Accountability Act (HIPAA) of 1996, Privacy, Security and Enforcement Rules. The rule proposed by HHS will be in a notice and comment period for the next two months,…