- A HIPAA BAA must be in place for a regulated entity to use online tracking technologies to collect IIHI from its website, mobile apps, social media page(s) for health care operations purposes.
- OCR says all IIHI, including an individual’s IP
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HAPPY NEW YEAR! A LOT will be happening in 2023!
- New Rules for HIPAA Privacy and 42 CFR Part 2.
- OCR Bulletin re: online tracking technologies causes headaches for HIPAA covered entities and business associates. Is OCR enforcment underway?
- As Health IT vendors inch towards FHIR standards, Information Blocking remains
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Are We Getting Closer to Alignment of 42 CFR Part 2 & HIPAA?
- Part 2 Rule gets 4th overhaul in five years.
- CARES Act required SAMHSA to revise rule one more time to support care coordination.
- Rule proposes a one-time consent, and alignment with HIPAA on downstream disclosures.
- Tighter restrictions on use of
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Information Blocking is No Longer Limited to USCDI
Today, the Information Blocking spigot has officially opened. As diligent students of the Information Blocking Rule will know, up until yesterday (October 5, 2022) the Content & Manner Exception permitted an Actor (i.e., health care provider; HIE/HIN; developer…
Summary List Update of COVID19-related Federal Actions Relevant to Healthcare
DATE
ACTION
Jan. 31, 2020
Secretary HHS declares Public Health Emergency
Mar. 4, 2020
CMS announces suspension of non-emergency survey activities
Mar. 6, 2020
Coronavirus Preparedness and Response Supplemental Appropriations Act signed into law. Waives Medicare telehealth payment requirements. During…
CMS Releases Hospital COP Event Notification FAQs; Interpretive Guidance
On May 1, modifications to the Medicare Conditions of Participation (“CoPs”) went into effect, requiring certain electronic event notifications for admissions, discharges and transfers (“ADTs”) to and from hospitals, critical access hospitals and psychiatric hospitals. To provide guidance to hospitals…
When Does a Health Care Provider Wear an HIE/HIN Hat for Purposes of the Info Blocking Rule?
- Under the IBR, an HIN/HIN Actor is one that “determines,” “controls,” or has the “discretion to administer” access, exchange or use of EHI between two or more unaffiliated entities.
- A separate entity is not necessary to trigger the IBR HIN/HIE
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What Information Must be Made Available on Patient Portals?
- Portals present challenges that many Actors continue to focus on.
- Until October 6, 2022, Actors are only required to respond to requests for EHI with USCDI, but this is only for purpose of IBR.
- Other factors, such as how an
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Information Blocking Compliance — So What Happens on April 5th?
- The 21st Century Cures Act already establishes the penalties that will apply to Actors that engage in prohibited Information Blocking
- ONC will exercise enforcement discretion and not assess penalties until CMP rules are final, however compliance by April 5, 2021 is still
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NEW ONC FAQ: Prior Agreements or Contracts CAN Implicate Information Blocking as of April 5th!
- On and after April 5, 2021, any Actor’s agreements, arrangements, or contracts are subject to and may implicate the Information Blocking Rule.
- The Communications Condition of Certification (CCOC) requirements must be revised to remove or void the contractual provision that contravenes the CCOC
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