New HIPAA Privacy Regulations Released by DOH and Human Services

Nancy Leveille and Karen Morris in Clinical & Quality


On January 25, 2013, the Department of Health and Human Services issued significant changes to existing HIPAA privacy regulations that will require substantial changes for long term care facilities. AHCA/NCAL, in partnership with the highly regarded health care law firm Rolf Goffman Martin Lang LLP, has developed this e-book to help you understand everything you need to know to make sure you are compliant with these new rules. Compliance is required no later than September 23, 2013.
Some of the key changes that are addressed in the manual include:

  • Requiring direct liability for business associates who fail to comply with the HIPAA Privacy and Security Rule requirements
  • Redefining “business associates” to include subcontractors that create, receive, maintain, or transmit Protected Health Information (PHI) on behalf of  a business associate
  • Placing new limitations on the use and disclosure of PHI for marketing and fundraising
  • Restricting the sale of PHI without authorization
  • Adopting a more objective breach notification threshold and new risk assessment      requirements
  • Allowing individuals access to ePHI where requested and providing additional guidance on fee sharing for such electronic access
  • Restricting disclosures of PHI concerning treatment paid in full out of pocket
  • Issuing new guidance regarding disclosures of PHI after an individual’s death
  • Requiring modifications and redistribution of notice of privacy practices
  • Incorporating the HITECH Act’s increased and tiered civil money penalty structure

The e-book provides clear explanations of the legal requirements, as well as various tools, templates, and policies that will help guide you and your facility. Easily link to other sections in the manual, click from section to section with bookmarks that are displayed on the side, and link to original source material on the web. The HIPAA Privacy Reference Manual is a unique and easy-to-use online tool that you can search and navigate easily.
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Nancy Leveille, MS, RN
Sr. Director, Member Operational Support
518-462-4800 x20
  Karen Morris, MS, RN
Director, Clinical & Quality Services
518-462-4800 x15