Health Care Law Blog

Cyberattacks on Hospitals – A Growing Epidemic

As hospitals and doctors across the country become more technologically sophisticated and use more and more medical devices that are connected to the Internet in some fashion, they are increasingly being attacked and compromised by sophisticated cyberattacks. Attacks on US hospitals’ medical data – which put patient records and personal information at risk – have more than doubled since 2010, according to a new study by the Ponemon Institute.

In its report, the Ponemon Institute states that 90 percent of health care institution respondents had at least one data breach in the last two years, while 38 percent had more than five data breaches during that same time period. While many of these breaches stemmed from lost or stolen computers, technical glitches, and third-party problems, several were due to criminal attacks. Read More ›

Categories: Criminal, Electronic Health Records, Hospitals, Privacy

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Final Rules Published in the Federal Register Extend Protections of Electronic Health Record Donations

On Dec. 27, 2013, final rules were published in the Federal Register by the Office of Inspector General and the Centers for Medicare & Medicaid Services. These rules amend regulations protecting certain arrangements involving the donation of electronic health records (EHR) software or information technology and training services related to such EHR software from the Anti-Kickback Statute and Stark law. The final rules are nearly identical to one another and make five primary changes to the EHR provisions: Read More ›

Categories: Electronic Health Records, Providers

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Hot Off the Presses: Foster Swift Health Care Law Newsletter

The latest edition of the Foster Swift Health Care Law Newsletter has just been released.  Topics include Electronic Health Records, Medicare Reimbursement for Resident Research and Hospital Community Needs Assessments.  In order to whet your appetite, below is a brief summary of the articles: Read More ›

Categories: Billing/Payment, Electronic Health Records, Health Care Reform, Health Insurance Exchange, HITECH Act, Hospitals, Medicare/Medicaid, Physicians

Posted by: Mindi M. Johnson, Jennifer B. Van Regenmorter, Gilbert M. Frimet

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Auditing for HIPAA Compliance - It's Coming!

The Department of Health and Human Services ("DHHS") is moving forward with its HIPAA auditing program, which will launch in late 2011 or in 2012.  After the audit protocols have been created, they will be field-tested through approximately 20 audits.  Once the field tests are completed, up to 150 on-site audits will take place through the end of 2012.  It is not clear which types of entities will be selected for audit.  It is also not yet clear whether the DHHS Office for Civil Rights ("OCR") will audit only covered entities, or whether business associates will be audited as well.  In addition, the OCR has not yet determined whether or how it will publish its audit results.  Given the significance of being subject to a HIPAA audit, organizations should take this time to review their policies and procedures for HIPAA privacy and security compliance. Moreover, with the newness of electronic health record ("EHR") systems, those with EHR will especially want to make sure that these systems are compliant. Please contact me at 517.371.8231 or 906.226.5501 if you would like assistance with any review.

Categories: Electronic Health Records, HIPAA, HITECH Act, Regulatory

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