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The recently enacted
American Recovery and Reinvestment Act of 2009 (the
"Stimulus Package") provides over $19 billion dollars to
promote the adoption of electronic medical records.
However, the decision to promote electronic medical
records in the health care industry raised significant
concerns about the privacy and security of the health
information in those records. Accordingly,
Congress also included in the Stimulus Package
substantial changes to the privacy and security
requirements of the Federal Health Insurance Portability
and Accountability Act ("HIPAA"). These changes
will require all HIPAA covered entities to revise their
policies and procedures and reevaluate some of their
existing security and privacy practices. In
addition, Business Associates will now directly be
liable under HIPAA and will likely need to develop new
policies and procedures.
New York clients,
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New Jersey clients,
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Connecticut clients,
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