As you know, the Health Insurance Portability and Protection Act (HIPAA) established certain requirements for anyone who deals with personal health information (PHI). On February 17, 2009, as part of the omnibus recovery legislation, congress enacted the Health Information Technology for Economic and Clinical Health Act (HITECH). In addition to creating incentives for adoption of certain electronic health record technologies, HITECH includes several provisions relating to the HIPAA Privacy and Security Rules. There are increased penalties and new enforcement procedures, higher requirements for HIPAA "Business Associates", and security breach notification requirements. There will also be requirements for providers that maintain electronic records to furnish an electronic copy of records to patients upon request.
You should review your current HIPAA and HIPAA Business Associate policies and forms with your advisors to ensure compliance with HIPAA and HITECH.
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