2013 HIPAA Updates Just Published

[nurseprnRN, BSN, RN]

ii. Summary of Major Provisions

This omnibus final rule is comprised of the following four final rules:

1. Final modifications to the HIPAA Privacy, Security, and Enforcement Rules

mandated by the Health Information Technology for Economic and Clinical

Health (HITECH) Act, and certain other modifications to improve the Rules,

which were issued as a proposed rule on July 14, 2010. These modifications:

Make business associates of covered entities directly liable for compliance

with certain of the HIPAA Privacy and Security Rules' requirements.

* Strengthen the limitations on the use and disclosure of protected health

information for marketing and fundraising purposes, and prohibit the sale of

protected health information without individual authorization.

* Expand individuals' rights to receive electronic copies of their health

information and to restrict disclosures to a health plan concerning treatment

for which the individual has paid out of pocket in full.

* Require modifications to, and redistribution of, a covered entity's notice of

privacy practices.

* Modify the individual authorization and other requirements to facilitate

research and disclosure of child immunization proof to schools, and to enable

access to decedent information by family members or others.

* Adopt the additional HITECH Act enhancements to the Enforcement Rule not

previously adopted in the October 30, 2009, interim final rule (referenced

immediately below), such as the provisions addressing enforcement of

noncompliance with the HIPAA Rules due to willful neglect.

2. Final rule adopting changes to the HIPAA Enforcement Rule to incorporate the

increased and tiered civil money penalty structure provided by the HITECH Act,

originally published as an interim final rule on October 30, 2009.

3. Final rule on Breach Notification for Unsecured Protected Health Information

under the HITECH Act, which replaces the breach notification rule's "harm"threshold with a more objective standard and supplants an interim final rule

published on August 24, 2009.

4. Final rule modifying the HIPAA Privacy Rule as required by the Genetic

Information Nondiscrimination Act (GINA) to prohibit most health plans from

using or disclosing genetic information for underwriting purposes, which was

published as a proposed rule on October 7, 2009.

You can read the whole 563 pages if you like at

http://www.workplaceprivacyreport.com/uploads/file/2013-01073%20HIPAA%20rules%20modifiction%2001172013.pdf

[krwrnbsn]

ii. Summary of Major Provisions

This omnibus final rule is comprised of the following four final rules:

1. Final modifications to the HIPAA Privacy, Security, and Enforcement Rules

mandated by the Health Information Technology for Economic and Clinical

Health (HITECH) Act, and certain other modifications to improve the Rules,

which were issued as a proposed rule on July 14, 2010. These modifications:

Make business associates of covered entities directly liable for compliance

with certain of the HIPAA Privacy and Security Rules’ requirements.

• Strengthen the limitations on the use and disclosure of protected health

information for marketing and fundraising purposes, and prohibit the sale of

protected health information without individual authorization.

• Expand individuals’ rights to receive electronic copies of their health

information and to restrict disclosures to a health plan concerning treatment

for which the individual has paid out of pocket in full.

• Require modifications to, and redistribution of, a covered entity’s notice of

privacy practices.

• Modify the individual authorization and other requirements to facilitate

research and disclosure of child immunization proof to schools, and to enable

access to decedent information by family members or others.

• Adopt the additional HITECH Act enhancements to the Enforcement Rule not

previously adopted in the October 30, 2009, interim final rule (referenced

immediately below), such as the provisions addressing enforcement of

noncompliance with the HIPAA Rules due to willful neglect.

2. Final rule adopting changes to the HIPAA Enforcement Rule to incorporate the

increased and tiered civil money penalty structure provided by the HITECH Act,

originally published as an interim final rule on October 30, 2009.

3. Final rule on Breach Notification for Unsecured Protected Health Information

under the HITECH Act, which replaces the breach notification rule’s “harm”threshold with a more objective standard and supplants an interim final rule

published on August 24, 2009.

4. Final rule modifying the HIPAA Privacy Rule as required by the Genetic

Information Nondiscrimination Act (GINA) to prohibit most health plans from

using or disclosing genetic information for underwriting purposes, which was

published as a proposed rule on October 7, 2009.

You can read the whole 563 pages if you like at

http://www.workplaceprivacyreport.com/uploads/file/2013-01073%20HIPAA%20rules%20modifiction%2001172013.pdf

Thanks for the update GrnTea.

[nurseprnRN, BSN, RN]

Periodic bump. :)