[ Monday, March 14, 2011 ]
State AG's HIPAA School:
Of all the HITECH amendments and enhancements to HIPAA, the ones that I think may have the most indellible impact on healthcare providers and health plans are the ones that are likely to increase enforcement activities. There are two in particular that stand to have huge impacts: one allows individuals who are injured by a HIPAA breach to obtain a portion of any fines and penalties, and the other allows state Attorneys General to enforce HIPAA directly, rather than requiring them the seek enforcement actions from OCR. This second enhancement is also the most troubling, since it could result in uneven enforcement across the states and differing interpretations by different enforcement agencies. Regardless, this provision in HITECH is going to be big. And OCR is committed to bringing in the additional enforcers: OCR is holding training sessions for State AGs
to teach them the ropes of HIPAA prosecution.
Hat tip: Dom Nicastro
Jeff [4:46 PM]
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