Privacy, HIE & HIT

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Privacy Law

We specialize in complex and nuanced aspects of HIPAA privacy and security, HITECH amendments, and laws governing “sensitive” health information. Our achievements in healthcare privacy are recognized at the local, State and national level.

HIPAA & HITECH

  • Enforcement Rule
  • HIPAA Privacy Rule
  • HIPAA Security Rule
  • HITECH Act
  • HITECH Regulations
  • Security Breach Notification Rule

State Privacy Laws

  • AIDS/HIV Statutes
  • Drug and Alcohol Abuse
  • Emancipated Minor Rights
  • Genetic Information
  • Identity Theft
  • Mental Health Information
  • Patient Rights (Approval & Access)
  • STDs

Other Federal Privacy Laws

  • Children’s Online Privacy Protection Act
  • Computer Security Act
  • 42 CFR Part 2 (Drug & Alcohol Treatment)
  • Electronic Communications Privacy Act
  • Federal Privacy Act
  • FERPA
  • GINA
  • Gramm-Leach Bliley
  • Mental Health Services Act
  • Freedom of Information Act
  • Research Participant Privacy
  • Title X – Family Planning Privacy
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Health Information Exchange

The laws and policies that affect an HIE are complex, and the learning curve is long. Our attorneys have guided dozens of HIE initiatives and have a real depth of experience with advising on all legal aspects of HIE planning, formation, implementation, and beyond.

Governance

  • Entity Formation
  • Bylaws & Board Resolutions

EMR Subsidy Programs

  • Anti-Kickback Safe Harbor
  • Stark Exception
  • HIE Policies

HIE Policies

  • Accountability
  • Correction
  • Collection, Use and Disclosure
  • Data Quality and Integrity
  • Individual Access
  • Individual Choice
  • Limitation
  • Openness and Transparency
  • Safeguards

HIPAA Compliance

  • Authorization Forms
  • HIPAA BAA
  • Notice of Privacy Practices
  • Organized Health Care Arrangements

HIT Vendor Agreements

  • Master Licensing Agreement
  • Preferred HIT Vendor Agreements
  • Subscription Agreements

Participation Agreements

  • Data Sender/Receiver Agreement
  • Data Sharer Agreements
  • DURSA
  • End User Agreements

Health Information Technology

For many, HIT “tech talk” can sound like an entirely different language filled with jargon and acronyms that can make a conversation seem incomprehensible. After years of working with HIT clients, our attorneys know enough about the technical aspects of HIT so we can focus on providing useful legal advice instead of asking what everything means!

Electronic Medical Records (EMR)

  • e-Prescribing
  • Certified EMRs
  • Legal Medical Record

 

Meaningful Use

  • Medicare Incentive Program
  • Medicaid Incentive Program
  • Stage 1, Stage 2, Stage 3
  • ONC Policy Committee
  • ONC Standards Committee

    HIT Certification

    • Certifying Bodies (e.g., CCHIT)
    • Certified Products List
    • Standards & Certification Criteria (HHS Rule)
    • Temporary Certification Program
Personal Health Records

  • FTC regulation
  • HIPAA/HITECH Compliance

Telemedicine

  • Foreign State credentialing
  • Oversight
  • Reimbursement

 

Vendor Agreements

  • Licensing Agreement
  • Preferred HIT Vendor Agreements
  • Subscription Agreements