“There is no private right of action under HIPAA.” This oft-repeated rule is a source of comfort for many health care entities. Of course, patients can file complaints with the Office of Civil Rights or State Attorneys General, but a “HIPAA cause of action” does not exist. So what is the basis for the many […]
The post You’ve Been Sued: 4 Non-HIPAA Claims in Data Breach Cases appeared first on OMW Health Law.
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Many health care businesses assume that HIPAA compliance guarantees protection from data breaches. Unfortunately, this is not a correct assumption. The health insurance company Premera Blue Cross recently announced that it was the target of a sophisticated cyber attack. It is estimated that the personal information of eleven million individuals may have been accessed by […]
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CMS announced today its intent to make significant changes to the EHR Incentive Program beginning in 2015. The proposed changes, though not yet codified in a proposed rule, include a much desired ease of the program requirements in 2015. They include: Aligning hospital EHR reporting periods to the calendar year (rather than the fiscal year) […]
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On January 14, 2015, House Bill 1173 (sponsored by Reps. Carlyle, Reykdal and Stanford) was introduced to prohibit noncompete agreements that restrict the right of physicians to practice in a geographic area for a period of time after termination of an employment contract. By adding new sections to RCW 18.57 (Osteopathic Medicine & Surgery) and […]
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The Washington State Department of Health issued today an announcement that it is conducting a review of the tertiary services that it requires obtain certificates of need under the current regulations (WAC 246-310-020(1)(d)(i)). It is seeking comments on whether there should be additions or deletions to the current tertiary services list, which includes: Specialty burn services; Intermediate care […]
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Anchorage Community Mental Health Services, Inc. (“ACMHS”) a nonprofit mental health provider in Alaska, has agreed to a $150,000 HIPAA settlement and 2 year Corrective Action Plan with HHS following a breach of 2,743 patient records due to malware. According to the HHS press release: OCR’s investigation revealed that ACMHS had adopted sample Security Rule policies and procedures in 2005, […]
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I am very excited this week to present with my colleague Dave Schoolcraft at MGMA in Las Vegas. We have two presentations on Tuesday, the first at 10:15 entitled the Legal Aspects of Meeting Patient Engagement, the second at 2:45 entitled Double Dipping for EHR Funding. Vegas is all about the money, and Double Dipping […]
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Still not able to meet meaningful use this year? CMS recently announced that it has reopened submission and extended the deadline for eligible professionals and eligible hospitals to submit a hardship exception application for not demonstrating “Meaningful Use” of Certified Electronic Health Record Technology (CEHRT). The CMS hardship application can be found here. Under the HITECH […]
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October brings a flurry of Meaningful Use attestations, and this October is no different. Eligible Hospitals finished up their attestation and are wrapping up the 2014 year; Eligible Professionals are checking their numbers and gearing up for their last run at achieving Meaningful Use before the end of the year. Lingering in the background is ensuring […]
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CMS and the Office of the National Coordinator (ONC) recently announced modifications to the meaningful use attestation requirements for 2014. Following significant lobbying from EHR vendors, eligible professionals (EPs), and hospitals, CMS issued a brief reprieve to meeting Stage 2 meaningful use in 2014 – for some lucky participants. Recognizing that EPs and hospitals may […]
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