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FEBRUARY 26, 2019
 
 
 
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Healthcare Legal News
In house attorneys looking for a better way to organize, vet and easily retrieve legal news created the National Law Review on-line edition.

Around the clock, the National Law Review's editors screen and classify breaking news and analysis authored by recognized legal professionals and our own journalists.

There is no log in to access the database and new articles are added hourly.
 
 
 
 
CMS issued a long-awaited proposed rule aimed at enhancing interoperability and increasing patient access to health information. If finalized, CMS’s proposed rule may require hospitals and payors to make significant investments in their health information technology to comply with the new requirements. In this On the Subject, we analyze CMS’s proposals, which include a new requirement that CMS-regulated payors and agencies offer application programming interfaces, and a new Medicare condition of participation that would require hospitals that have implemented EHRs to send electronic patient event notifications to communicate transitions of care. More on CMS Proposed Rule Here >
 
 
 
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A pediatric cardiologist recently sentenced to six months’ probation is serving as the latest reminder that violations of the Health Insurance Portability and Accountability Act (“HIPAA”) can lead to more than civil monetary penalties and reputational damage associated with a breach. This is the second case within a six-month period in which a physician was prosecuted by the U.S. Department of Justice (“DOJ”) for such a HIPAA violation, reflecting a potential trend that prosecutors see this type of infraction as low-hanging fruit especially when brought in conjunction with other criminal charges.   More on Criminal HIPAA Violations Here >
 
 
 
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On February 7, 2019, the Office of Civil Rights (OCR) of the U.S. Department of Health and Human Services published the resolution agreement for its final HIPAA settlement of 2018.  The resolution agreement cited two breach notifications that OCR received from the parent of several hospitals in California.  In 2013, the provider notified OCR of a breach that occurred when one of its contractors removed electronic security protections from a server.  This breach affected more than 50,000 individuals.  In 2015, the provider submitted notice of a second breach, this one resulting from an employee’s activation of the wrong website, affecting more than 11,000 individuals.  More on Settlement Here >
 
 
 
 
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