“If at first you don’t succeed, try try again.”After several years and appeals, M.D. Anderson has succeeded in overturning a hefty civil monetary penalty “(CMP”) stemming from a series of data breaches involving unencrypted devices. On January 14, the Court of Appeals for the Fifth Circuit ruled to vacate the $4.3M penalty assessed against M.D.
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A Look Ahead to 2021
Written by Catriona Coffey.The new year has much in store for electronic health information exchange compliance! Today’s post provides an overview of anticipated changes to the health information regulatory landscape in 2021, including increased interoperability efforts and telehealth expansion due to the coronavirus pandemic. It is not surprising that many of the topics discussed…
Our Stockings are Stuffed with Compliance Tools
Seasons Greetings to all of our readers! First, we want to wish you and yours a holiday season filled with health, happiness and hope! We also want to thank you all for continuing to make Legal HIE such a popular and highly visited blog! It puts a smile on our face seeing so many of…
OCR Publishes New Guidance on Sharing PHI through HIEs for Public Health Purposes
Last Friday, the Office for Civil Rights (OCR) issued new Guidance on how HIPAA permits covered entities to use health information exchanges (HIEs) to disclose PHI for the public health activities of a Public Health Authority (PHA). Specifically, it provides examples relevant to the COVID-19 public health emergency. OCR Director, Roger Severino, specifically notes that…
A “Double-Double” Set of Proposed Rules from CMS & OCR Affecting Data Sharing & HIPAA
Late last week, two new proposed rules were released which will affect the exchange of health information and HIPAA, among other things. The CMS and OCR proposed rules come in at over 347 and 357 pages respectively – so that’s a lot of meat to digest! Here is an overview of the highlights:CMS Proposed…
ONC Releases Answers to Frequently Asked Questions to Information Blocking
On Monday, ONC posted a new Information Blocking Frequently Asked Questions resource! Here are a few of the highlights from all of the FAQs responded to by ONC:Q: Are health plans or other payers subject to the information blocking regulation?
A: For purposes of the information blocking regulation in 45 CFR part 171, the term “actor” includes…
Halloween Treat! HHS Delays Information Blocking Compliance Deadline to April 5, 2021!
Interim Final Rule with Comment Period Responds to COVID-19 Pandemic. Responding to public health threats posed by the coronavirus pandemic, today the U.S. Department of Health and Human Services’ (HHS) Office of the National Coordinator for Health IT (ONC) released an interim final rule with comment period that extends the compliance dates and timeframes necessary to…
Who is on the “Hook” for Information Blocking?
ONC’s final rule on Information Blocking implements the 21st Century Cures Act and fleshes out what is and is not a prohibited information blocking practice. However, not all health care organizations and their vendors are on the hook for complying with this new regulation.The 21st Century Cures Act and the ONC Final Rule define the scope…
Per ONC, Lab Results Cannot be Delayed Back to “Prevent Harm”
As the November 2nd deadline for compliance with ONC’s Information Blocking Rule nears, many health care providers – which are “Actors” subject to the Rule – are scrambling to reexamine their default settings for sharing various types of data, including lab results.In ONC’s Final Rule preamble, several commenters indicated that providers’ current organizational policies call for…
Do the Info Blocking Rules have you STRESSED?!! Join Helen O. for Two Not-to-Miss Workshops for Help!
Join me for a pair of 1.5hr Information Blocking Workshops designed to help hospitals work thorough the nitty-gritty details of the Information Blocking Rule! These workshops will include practical use cases and scenarios aimed at real challenges faced by hospitals looking to comply with these new regulatory standards for access and sharing of electronic health information.Registrants…