by Ann F. Triebsch
The anti-kickback “safe harbor” allowing hospitals to donate electronic health record ("EHR") equipment to physicians who may refer patients to their facility is set to expire on December 31, 2013, but efforts have begun to have the safe harbor extended. The safe harbor, created in 2006, allows hospitals to donate EHR and ...
A new bill entitled the "Electronic Health Records Improvement Act" has been introduced in the U.S. House of Representatives. Its stated purpose is to “amend certain requirements and penalties implemented under the Medicare and Medicaid programs by the HITECH Act of 2009, which would otherwise impede eligible professionals from adopting ...
The final HIPAA-HITECH Omnibus Rule (Omnibus Rule), released in January, substantially increases the privacy responsibilities of a business associate that receives protected health information, such as contractors and subcontractors. These new requirements will need to be reflected in business associate agreements (BAAs) between the ...
by Ann F. Triebsch
Friday, March 1, is the deadline for HIPAA covered entities to report to HHS small breaches of unsecured protected health information that occurred in 2012. A small breach includes less than 500 individuals. Affected individuals must be notified within 60 days of the breach’s discovery, but the breach also must be reported ...
The deadline is fast approaching for eligible professionals (“EPs”) to file attestations to receive electronic health record (“EHR") incentives available under Medicare’s Health Information Technology for Economic and Clinical Health Act of 2009 (“HITECH Act”).
To receive an EHR incentive payment, EPs, such as physicians ...
by Ann F. Triebsch
(Updated January 27, 2013)
On January 17, 2013, the Department of Health & Human Services (HHS), Office for Civil Rights (OCR), released the final HIPAA Omnibus Rule (Omnibus Rule) implementing the HITECH Act of 2009 and the Genetic Information Nondiscrimination Act of 2008 (GINA). The Omnibus Rule greatly enhances a ...
“Rumor has it” that the long-awaited HIPAA-HITECH Omnibus Rule under the Health Information Technology for Economic and Clinical Health Act of 2009 (HITECH Act) will be released the week of January 21st or 28th. While similar rumors have abounded for many months, this one may have some merit.
It is reasonable to expect the Office of Management ...
Earlier today we predicted the long-awaited HIPAA-HITECH Omnibus Rule under the Health Information Technology for Economic and Clinical Health Act of 2009 (HITECH Act) would soon be released--and we were correct!
Today the U.S. Department for Health & Human Services (HHS) issued a press release announcing the Rule would be as published on ...
by Ann F. Triebsch
The HHS OIG released a report on November 28, 2012, assessing CMS’ first-year performance in overseeing the Medicare EHR Incentive Program. The OIG did not give CMS high marks, but its primary recommended solution is being rejected, as it may have done more harm than good under the circumstances.
Self-Reporting ...
On December 7, 2012, the Office of the National Coordinator for Health Information Technology (ONC) and Centers for Medicare & Medicaid Services (CMS) published an interim final rule with comment period to make revisions to the 2014 Edition Electronic Health Record (EHR) and revisions to the EHR Incentive Program. Specifically, this rule will: