The proposed regulation for meeting the Stage 2 requirements for EHR incentives will require healthcare providers to revisit their HIPAA compliance strategies. As healthcare travels more deeply into the world of interoperable EHRs to improve quality and efficiency, the requirements to qualify for the financial incentives are not always closely tracking the requirements under HIPAA.

That means covered entities and Business Associates must decide when and how to adapt their compliance programs and clearly understand the interaction of the Stage 2 proposal with HIPAA's requirements.

This can be a confusing challenge particularly as CMS and ONC have premised their programs on the concept that EHRs will offer patients more capabilities and protections than systems do now.

For example, CMS has proposed dropping the requirement that patients receive electronic copies of their health information. Instead, the proposal would require healthcare organizations to provide online access to those records to qualify for EHR incentive payments.

Offering online access to the EHRs, however, raises a variety of HIPAA issues.

In yet another example, ONC has sent strong signals that it wants EHRs to include a capacity for patients to get an accounting of disclosures for treatment, payment and healthcare operations - an issue currently under regulatory development by OCR.

Because covered entities must now address these kinds of issues, they have the opportunity to make strategic decisions on their longer term operational plans and related data stewardship policies.

To assist healthcare organizations in meeting these challenges, Melamedia, LLC, publisher of Health Information Privacy/Security Alert, produced a 90-minute webinar:
 

Adjusting HIPAA Compliance to Meet The Stage 2 Meaningful Use Proposals

 

WHO SHOULD LISTEN

• Senior Healthcare Executives
• Privacy and Security Officers
• Business Associates
• Hospital Compliance Executives
• Researchers
• Research Administrators
• HIM Professionals
• Physicians
• Healthcare Payers

• Business Insurers
• Healthcare Marketers and Fundraisers
• EHR Vendors
• PHR Vendors
• State and Federal Government Policymakers
• Consumer Affairs Professionals
• Data Collection Companies
• Healthcare Attorneys
• Healthcare Consultants

THE FACULTY

Adam Greene is a partner in the law firm of Davis Wright Tremaine and a former key regulator at the U.S. Department of Health and Human Services, where he played a fundamental role in administering and enforcing HIPAA privacy, security, and breach notification rules. At HHS, Adam was responsible for determining how HIPAA rules apply to new and emerging health information technologies. He was instrumental in the development of the current enforcement process.

Jane Eckels is a partner in the law firm of Davis Wright Tremaine where she works extensively on HIT issues for providers and vendors. She also represents healthcare organizations and others on technology procurement issues as well as providing advice on social networking, digital media, user-generated content, website privacy policies and terms of use. Jane serves on the Legal Task Force for the Health Information Management Systems Society (HIMSS) as well as the American Health Lawyers Association’s Health and Information Technology Practice Group.
 

Dennis Melamed is editor and publisher of Health Information Privacy/Security Alert and has 30 years of experience providing analysis of business and regulatory issues for a variety of associations and companies. Dennis also is an adjunct professor at the Drexel College of Medicine, where he lectures on health data stewardship issues and regulations affecting pharmaceutical and medical device research.

CONTINUING EDUCATION CREDITS

• All seminar participants will receive certificates of participation
• 1.5 CEs from IAPP 

ORDER THE CDS AND GET A GREAT TRAINING & EDUCATION TOOL

The CD recording with all course materials are excellent educational and briefing resources: $259

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and fax it to 703.619.4912

TRACK HIPAA & HITECH  ENFORCEMENT

Health Information Privacy/Security Alert offers updates on HHS's efforts to enforce the HIPAA privacy and security regulations at no cost. The statistics include privacy complaints lodged with the Office for Civil Rights and security and transaction complaints lodged with CMS Office for Electronic Health Standards and Services.

CLICK HERE To receive the HIPAA Enforcement Statistics Update Service