Today the U.S. Department of
Health and Human Services ("DHHS") announced the final
rule modifying the HIPAA Privacy, Security, and
Enforcement Rules as required by the HITECH Act. We are
still analyzing the rules and commentaries; however,
three points are clear: (1) the privacy rule is
significantly modified to expand the protections
afforded to individuals; (2) as promised by DHHS,
Business Associates are now directly liable for
non-compliance with certain of the privacy and security
regulations; and (3) the Government's ability to enforce
the HIPAA regulations is strengthened.
Garfunkel Wild will be
hosting a call-in seminar about the new HITECH
regulations on Wednesday, January 30, 2013.
Providers are welcome to join from 12:30 to
1:30, and a separate seminar for Business
Associates will be held that same day from 2:30
to 3:30. Space is limited. Please call Moira Murphy at
516-393-2231 for details and registration information.
* * * * *
In the interim, if you
have questions about the regulations, please contact the
Garfunkel Wild attorney
with whom you normally work.