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News Archives - 2001
Proposed Privacy Rule Not to be Published Until Early 2002
11/21/2001
September 11th has altered DHHS' original timeline for completing the final privacy rule, pushing the publication date to January or February 2002. "We had been hopeful of having the modifications done by April 2002 so that there would be a full year before the original compliance deadline," said Susan McAndrew, an official in DHHS' Office of Civil Rights (OCR), at a meeting November 15th of the National Committee on Vital and Health Statistics (NCVHS). McAndrew said, "I am not optimistic that we can have a final rule out by that date. DHHS is still aiming for the late 2001 time-frame for publishing draft rules to revise the Transactions standards. The target goal is to publish the rules during the January through March period. Although a rule on enforcement is not required by HIPAA, DHHS is working to develop a draft rule in order to clarify the enforcement process for covered entities. A work group has begun to consider how enforcement might look". Another top expert, Karen Trudel, former director of the Division of Health Care Information Standard reported that "we will get the message out to providers to make sure they know what they need to do to be HIPAA compliant." Read The Full Story
Survey Says Data Protection Top Health Care Concern
11/20/2001
Health Data Management reports protecting health data has become the top concern for health care information executives as the HIPAA deadlines approach. Read The Full Story
HIPAA Privacy Regs Offer Little To Internet Users
11/19/2001
The Health Privacy Project funded by the Pew Internet & American Life Project issued a report today examining how HIPAA affects consumer health Web sites and Internet-based health care. The report concluded that: (a) the regulation does not apply to most health Web sites; (b) different rules may apply to different sites offering the same services; and (c) even at Web sites owned or operated by organizations that are covered by the privacy regulation, it is ambiguous which activities at those sites are subject to the regulation. Read The Full Story
Braithwaite and Sanches Announce Career Moves
10/31/2001
Senior DHHS staffers William Braithwaite and Linda Sanches have announced major career moves. DHHS's most visible advisors on HIPAA-related issues, Braithwaite and Sanches have been credited with much of the evolution of HIPAA and its mandated regulations. William "Bill" Braithwaite, PhD, MD, and senior advisor on health information policy at DHHS, has reported that he is leaving government to join Price Waterhouse Coopers as director of its health care practice in Washington, DC. He has been closely involved with HIPAA since its beginnnings, having served on the Senate Finance Committee staff in the early 90's that developed the Administrative Simplification Provisions. Linda Sanches, a DHHS senior health policy analyst, is moving to the Office for Civil Rights, the body that has been charged with enforciing HIPAA. She was a lead member of the team that created the HIPAA Privacy Rule.
Thompson Urged To Make Critical Changes To HIPAA
10/27/2001
In a letter dated October 23, more than two dozen health care and employer organizations - including the U.S. Chamber of Commerce, the Health Insurance Association of America and the Healthcare Leadership Council - urged HHS Secretary Tommy Thompson to make critical changes to the HIPAA privacy rules. According to the organizations, revisions are "urgently needed" in several areas, including: prior consent, oral communications, and the "minimum necessary" provision. Read The Complete Article
Homeland Security: The Need For HIPAA
10/26/2001
HIPAA's essential role. The new office of Homeland Security has created a new mission for everyone to participate in keeping our nation safe and secure from anyone who would want to put us at risk. A need that is beginning to be addressed is the coordination of our health care resources. The ability to have an efficient health care system to support Homeland Security is critical. Standardization and security of health care information is vital for this mission. Health care must be prepared to efficiently and safely treat any patient in any institution that may be local to a disaster. In these situations, the chances of the patient surviving could be based on the availability of that individual's health care information being quickly accessible and easily understood. To be ready to handle patients in a moment's notice from any location where a disaster might occur, we will need to begin standardizing our healthcare processes, our health care information, and our healthcare collaboration. Read The Complete Article
AMA Recommends Better Security & Disaster Planning
10/22/2001
The American Medical Association has issued strong advisories to health care providers to pay new and special attention to security and disaster preparedness. The AMA is urging upgrades in emergency response and disaster plans, including strong back-up and recovery of telecommunications, information systems and data storage. Read AMA's Recommendation
NCVHS Asks HHS for HIPAA Privacy Modifications
10/12/2001
The National Committee on Vital and Health Statistics (NCVHS) has released recommendations on HIPAA Privacy implementation, following lengthy public hearings held in August. The recommendations, which are documented in an October 1, 2001 letter by the Subcommittee on Privacy and Confidentiality to HHS Sec. Tommy Thompson, address several issues including Emergency Access, First Encounters, Revocation of Consent, Consent by Minors, Disclosure for Accreditation and Health Care Quality, Involuntary Commitment, Minimum Necessary, and Defensive Practices. In addition, the sub-committee recommended that HHS issue advisory opinions, best practices information, and model policies, procedures, and forms related to HIPAA compliance. The group expects to issue additional recommendations in the future, addressing research and marketing under the Privacy Rule. Read NCVHS' Letter To Secretary Thompson
Public Health Hampered by "Paper Records" - HIPAA Offers Solutions
10/9/2001
According to Healthkey's new report, "Report to the Community", it can take several days, even weeks to alert public health authorities about potential outbreaks of communicable diseases. Laura Ripp, program director of Healthkey, a coalition of non-profit healthcare organizations, stated that replacing the paper-based system with secure electronic information exchange via standardized, secure e-mail would "significantly reduce reporting time and allow state and local health departments and the CDC to react much more quickly to stop the spread of an infectious disease." She emphasized that collaboration among information technology leaders, healthcare vendors and government policy-makers will be the determining factor for successful resolution of this issue, which is one of many standardized security and privacy initiatives supported by HIPAA. Read the USA Today Article
House Leaders Urge Immediate Administrative HIPAA Simplification
10/5/2001
According to the American Hospital Association (AHA), a bipartisan group of House health care leaders are calling on an end to delays to the implementation of administrative simplifications to HIPAA. In a letter sent yesterday to their congressional colleagues, Ways & Means Health Subcommittee members Reps. Bill Thomas (R-CA), Charlie Rangel (D-NY), Nancy Johnson (R-CT), and Pete Stark (D-CA), said the provisions will improve administrative efficiency in the health care field by facilitating electronic transactions between health plans and health care providers. Citing a letter sent last week by AHA and others opposing the delay, the House lawmakers said if the provisions are delayed, public programs such as Medicare and Medicaid, private payers and ultimately all Americans will needlessly continue to pay for the inefficiencies inherent in the current "Byzantine" system. Read the Ways & Means Health Subcommittee letter.
Governors Support HIPAA Delay "To Strengthen National Safety Net, Stimulate the Economy"
10/4/2001
The National Governors Association (NGA) has included a request to delay HIPAA compliance deadlines in its proposals for a legislative stimulus package being considered by the Administration and Congress after the terrorist attacks on 9/11. Their request stated, "...new and unprecedented State responsibilities for homeland security are exacerbating serious fiscal conditions. The House economic stimulus bill, if enacted, would further reduce state revenues by at least $5 billion annually. This revenue eduction would dramatically increase existing state shortfalls and result in significant state budget cuts. These cuts, in turn, would hamper the effectiveness of any federal stimulus package. Similarly, absent any changes in the Health Insurance Portability and Accountability Act (HIPAA) or new federal funding for HIPAA implementation in state-administered programs, states will have little choice but to divert scarce funds to comply with this federal mandate. This means that significantly less state funds will be available for education, critical state services, capital investment, infrastructure improvement, and additional efforts to respond to bioterrorism and other threats to homeland security."
HIPAA Regulations Updates
10/4/2001
Before HIPAA final rules and NPRMs may be published, the Federal rule-making process requires that they undergo a last DHHS review and approval by the Secretary. Then they must be submitted to the Office of Management and Budget (OMB) for final review from a government-wide perspective. The Employer Identifier Rule has been drafted and sent to DHHS for its final review, according to an October 1 report by WEDI (Workgroup for Electronic Data Interchange). WEDI's report, which has been confirmed by government sources, also stated that two proposed rules (NPRMs) for revising the Transaction and Code Set standards should be published by the end of the year. These rules will propose making certain changes in Designated Standard Maintenance Organizations (DSMOs), and removing the NDC code as the drug-coding standard for all but retail pharmacy transactions. A NPRM for Privacy is currently anticipated to be released in December of this year. DHHS noted in its July 6 Privacy Guidance document that it would issue NPRMs "expeditiously" that would propose modifications of the final Privacy Rule "to correct any unintended negative effects." WEDI also reported that the Claim Attachment NPRM and the Security final rule are in the final stages of preparation, and may be published early next year. The Provider Identifier and Plan Identifier are in process, but no definitive action is anticipated this year.
FTC Will Not Seek New Internet Privacy Laws
10/3/2001
Federal Trade Commission (FTC) Chairman Timothy J. Muris delivered remarks today at the 2001 Privacy Conference in Cleveland, OH, outlining the FTC's new Privacy Agenda and announcing that the agency plans to increase resources dedicated to privacy protection by 50 percent. As the nation's leading consumer protection agency, the Chairman said, the Commission's new Privacy Agenda will contain the following major law enforcement and education initiatives:
· Creating a National Do-Not-Call List
· Beefing Up Enforcement Against Deceptive Spam
· Helping Victims of Identity Theft
· Putting a Stop to Pretexting
· Encouraging Accuracy in Credit Reporting and Compliance with the Fair Credit Reporting Act (FCRA)
· Enforcing Privacy Promises
· Increasing Enforcement and Outreach on Children's Online Privacy
· Tracking Consumers' Privacy Complaints
· Enforcing the Telemarketing Sales Rule
· Restricting the Use of Pre-acquired Account Information
· Enforcing the Gramm-Leach-Bliley Act (GLB)
· Holding Privacy-related Commission Workshops.
Read The Chairman's Remarks or Read The Article In The Washington Times
Privacy & Security Roles Redifined After 9/11 Attacks
9/29/2001
The impact of the 9/11 attacks on America transformed Americans attitudes about privacy and security according to a recent poll conducted by Scientific American of U.S. and international experts on privacy and security in advance of the November 13/14 Scientific American Global Summit on Privacy & Security in the Digital Age. The survey, conducted by Leflein Associates, was sent to the Summit's 54 advisory board members and speakers, a Who's Who among the global privacy and security community, which includes U.S. government officials, IT leaders, and privacy commissioners from around the world. Read the Top 10 Key Findings.
Patient Privacy Would Be Threatened By Transactions Delay
9/29/2001
The Health Privacy Project responded on September 21st to a Congressional inquiry on how a delay in the HIPAA Transactions compliance deadline would impact the HIPAA privacy regulation. Janlori Goldman, Director of the Health Privacy Project at Georgetown University's Institute for Health Care Research and Policy, in a letter to Senator Edward Kennedy, described the Transactions, Privacy and Security Rules as so interrelated that a delay in Transactions compliance would directly affect compliance with patient privacy and information security mandates. She stated, "According to HHS, only providers that engage in electronic transactions using the standard formats set out in the transactions regulation must comply with the privacy regulation. Thus, any delay in the transactions regulation directly impacts the time frame for provider compliance with the privacy regulation." Read Her Complete Letter (PDF/48Kb)
HIPAA Transactions Compliance Delay Unlikely
9/28/2001
Delay in HIPAA electronic standards' October 2002 compliance date is unlikely to pass Congress, DHHS Secretary Thomspon said Sept. 27 at a National Association of Manufacturers meeting. The Senate Finance Committee is seeking a one-year delay in transaction and code set implementation only, but any delay is opposed by Sen. Kennedy (D-Mass.) because it may also push back privacy regs. A March bill to replace the privacy rule (HR 1215), introduced by Rep. Greenwood (R-Penn.), has been referred to the House Judiciary/Crime Subcommittee.
Web-Based E-Health Imperiled by Privacy Concerns
9/9/2001
Privacy concerns represent a very real obstacle to further development of web-based applications in the e-health environment, according to a report by the Robert Wood Johnson Foundation. The report, The e-Health Landscape, warned that unless privacy and data security issues are adequately addressed, the use of the electronic medical record and the success of online integration of data and other technologies will be stunted. In a caution to application service providers, the report noted that while the use of XML will enable the development of more powerful, user-friendly and specialized e-health tools, it "also may result in privacy and data security considerations."
CDC Guide Includes HIPAA Privacy Issues
8/30/2001
The Centers for Disease Control has issued updated guidelines for evaluating public health surveillance systems, acknowledging the impact of the HIPAA privacy rule as well as the electronic transaction standards. CDC noted that continuing advances in technology raise concerns over "adherence to confidentiality and security standards."
Judges Seek Privacy Protection for Online Case Files
8/27/2001
A committee of 15 federal judges within Judicial Conference of the United States unanimously recommended rules that would force litigants to modify and edit out personally identifiable information - including health information - in Social Security cases before the court system would provide electronic access to case files. The conference, which sets policies for the federal judiciary, will consider the recommendations Sept. 11.
Blunder Sends Sensitive E-Mail to Every Air Force Cadet
8/26/2001
An Air Force Academy officer "pushed a wrong button" and sent an e-mail with sensitive details about on-campus investigations to all 4,400 cadets, school officials confirmed. The e-mail named 40 cadets who have been punished or are under investigation, along with case details. It also discussed cadets who are being treated for mental health problems. The e-mail was intended to update a select group of commanders. All cadets were ordered to delete the message. Col. Marty Coffman did not comment on any possible punishment for the officer but noted that future updates will be hand-delivered.
Industry Seeks Quicker Action on Privacy Rule Changes
8/15/2001
HHS's first round of clarifications to the HIPAA privacy rule has only whetted the appetite of the health care industry. In an Aug. 6 letter, more than 80 health care and employer groups asked HHS to move more quickly in making changes. "Our purpose in writing is to convey how imperative it is for the Department to publish these modifications and changes as soon as possible so that our members have adequate time to comply with this complex rule," the associations wrote. Among the signatories: the Blue Cross and Blue Shield, which has sought a delay in the implementation deadlines for HIPAA electronic transaction standards.
Health Privacy Rules to Proceed
8/13/2001
Privacy rules that say what employers, the health industry and marketers can do with patients' medical records will move forward, despite heavy lobbying by those who wanted the rules delayed or changed. Read The Article
Companies Slow to Adopt HIPAA Regulations
7/25/2001
Some companies are slow to adopt HIPAA regulations as the deadlines loom closer. Dr. Keith Van de Castle, HIPAA expert at JAWZ states that healthcare organizations do not fear government sanctions as much as customer retaliation. "Forget the government, it's patients taking business elsewhere that has them worried. It's an attorney nailing them to the wall....they may get fined $25,000 (from the government) but lose a couple million (dollars) in business because no one wants to do business with a company that can't protect its information.'' The report goes on to quote statistics from the Garner Group that states unless substantial progress is made in the next three months, the healthcare industry won't be ready to meet the first deadline. Further statistics include, only 9 percent of healthcare organizations have completed privacy assessments, only 27 percent have begun preliminary budgeting for compliance and less than 30 percent of organizations have begun formal HIPAA education for employees.
Physicians Sue To throw Out HIPAA!
7/15/2001
A group of South Carolina physicians challenged the constitutionality of the Federal HIPAA regulations and sued the United States Government in an unpresidented attempt to have the entire HIPAA Rule declared unconstitutional.
Senators Press for Internet Privacy Bill
7/12/2001
Senators pressing for an Internet privacy law say they have learned from their mistakes in previous failed bills, including not specifying whether medical and financial data should get more protection. Several members of the Commerce Committee said Wednesday they were committed to producing a law this year. The legislation they envision may require that consumers give their consent before companies use their medical or financial information, but have a lesser "opt-out" standard for regular Internet purchases. Read The Washington Post Article
AHA Reacts to Privacy Guidance
7/12/2001
The AHA welcomed DHHS' issuance of its first HIPAA privacy regs guidance, but said critical issues still need to be addressed. The association said DHHS appears to have taken steps toward assisting hospitals in such key areas as minimum necessary standards, oral communications and consent requirements. However, AHA said the guidance does not address concerns on issues such as data aggregation for benchmarking, business associate requirements, and disclosures to the government. Read the Full Story
Press Rips HIPAA
7/8/2001
Sick of HIPAA? You've got company, and from an unlikely source: the news media. Hospitals & Health Networks reported today that a coalition of 46 news organinations is taking a stand against the Health Insurance Portability and Accountability Act because of its stringent rules restricting the release of medical records to the public. The press groups-dubbing HIPAA an "official secrets act for health care"-object to the privacy regulations that took effect earher this spring. (Hospitals have two years to comply.) They fear that the regulations could impinge on their ability to report news. The coalition asked Health and Human Services Secretary Tommy Thompson to revise the regulations. "The public's best interests were just not considered," says Diana Kramer, executive director of the Washington (state) Newspaper Publishers Association. Particularly onerous to the press groups: HIPAA-mandated penalties that call for up to 10 years in prison and a $250,000 fine for obtaining or disclosing health information under certain extreme circumstances. The mere threat of such harsh punishment would make investigative reporting on health care nearly impossible, Kramer says. "Newspapers are just not going to get the information they need." Privacy advocates aren't buying it. "People have the right to control their personal, private information," says Ronald Weich, legislative consultant for the Amencan Civil Liberties Union. journalistic endeavors must take a backseat to patient privacy, Weich argues. The press groups say they recognize the need for privacy. "Certainly, an individual has a right to guard his or her own medical records from abusive releases," Kramer wrote in a letter to HHS this spring. But they're not backing down. "If the HIPAA regulations had been in effect during the Oklahoma City bombing, important injury information would never have been released," Kramer says."That does nothing for both the press and the public."
Abortion Patient's Picture, Medical Records Posted on Web
7/7/2001
An Illinois woman who suffered a cervical tear during an abortion is suing antiabortion activists for posting her picture, medical records, and personal information on several antiabortion web sites, the Los Angeles Times reports. The woman is also suing the hospital that treated her after the abortion, claiming that her medical records were released without her authorization.
Guidelines Issued on Patient Privacy Protection
7/6/2001
The Department of Health and Human Services (HHS) today issued the first in a series of guidance materials on new federal privacy protections for medical records and other personal health information. The guidance answers common questions about the new protections for consumers and requirements for doctors, hospitals, other providers, health plans and health insurers, and health care clearinghouses. It also clarifies some of the confusion regarding the meaning of key provisions of the rule. Read The Press Release Read The A Fact sheet summarizing the privacy rule's rights and protections
DHHS Issues HIPAA Privacy Guidance
7/6/2001
Calling it "the first in a series of guidance materials" on HIPAA, the DHHS has issued a privacy guidance. The guidance addresses many key issues of concern reflected in the more than 11,000 separate public comments on the final rule submitted to HHS during a 30-day comment period this March. Topics include consent, the "minimum necessary" requirement, oral communications and research among others. The guidance also states that DHHS "can and will issue proposed modifications" to the rule prior to the compliance date. Read The Full Story
Eli Lilly Cites Programming Error for Privacy Gaffe
7/5/2001
The pharmaceutical maker blames a programming error for an incident last week in which it accidentally disclosed the e-mail addresses of about 600 medical patients. Analysts said the mistake points to the need for health care organizations to assess whether the way they communicate with patients violates HIPAA medical data privacy rules. Read the Full Story
U.S. Firms Slow To Sign Up For Privacy Safe Harbor
7/12/2001
An attempt to bridge the chasm separating European and U.S. privacy laws is picking up steam as U.S. businesses realize their freewheeling data-collection habits may expose them to foreign prosecution. Read The Reuters article
Medical Privacy is the Law in Texas
7/3/2001
Health Data Management reports Texas Gov. Rick Perry has signed legislation establishing medical information privacy rights in the state. Senate Bill 11 (SB11), modeled after the federal privacy rule, includes tougher restrictions against the use of identifiable information for marketing purposes. The legislation gives patients the right to access and append their medical records, and the right to know how an entity is using their medical information. Read the Final Bill
Loophole Gives Police Access to Patient's Records Without Consent
6/30/2001
According to Wired News, a little-noticed loophole in new medical privacy regulations allows law enforcement access to medical records without the patient's consent. Will doctors soon be reading you your rights? Read the Full Story
Court Requires Notice to Patients Prior to Disclosure of Records
6/29/2001
In the first case of it's kind applying the new HIPAA privacy regulations to a factual situation, a court considered a government subpoena in a criminal matter of the medical records of a doctor's. The hospital that maintained the records resisted disclosure, arguing that compliance with the subpoena would subject it to civil liability for disclosure of privileged information.
AMA MasterFile & Digital ID System Vulnerable
6/28/2001
The California Medical Association (CMA) is raising concerns about the American Medical Association's (AMA) MasterFile, a nationwide physician database, and its digital identification program, "charg[ing]" that both systems are "open to hacking and unauthorized changes over the Internet," the Chicago Sun-Times reports. Read the Full Story
CHIP To Democrats: Don't Delay HIPAA
6/28/2001
Believing that if passed, legislation to delay HIPAA may in effect kill it, the Coalition for Health Information Policy (CHIP) has sent a letter to key Senate Democrats asking them to oppose legislation and other efforts to delay the TCS rule. Read the Letter
Half Billion Privacy Notices Being Mailed
6/23/2001
Facing a July 1 deadline to comply with new privacy protections, financial firms have sent out an estimated half a billion privacy notices to their customers. The law also requires the firms to give customers the chance to opt out of having some information sold to outside companies. But consumer groups, fearing many are not even going to understand the limited new rights they do have because many of the notices are legalistic, confusing and hard to read, said they would ask regulators to step in to make them easier to comprehend.
Bogus Scare Tactics Delay Medical Privacy Reforms
6/13/2001
Medical records once safely housed in doctors' offices have been too easily collected, sold and disclosed in the Internet age. Intense lobbying by groups that benefit from the status quo has delayed reforms, leaving sensitive medical records exposed to marketers, employers and others who want a peek. Now those delays are being compounded by the Bush administration's decision to take a fresh look at new federal privacy rules — just weeks before they were to take effect. Read the Full Story
New HIPAA Delay Legislation Introduced
5/30/2001
Rep. John Shadegg (R-Ariz.) has introduced legislation to establish uniform, delayed compliance dates for most of the HIPAA administrative simplification provisions. The bill, H.R. 1975, is similar to legislation Sen. Larry Craig previously introduced in the Senate. Craig on May 25 considered pulling his bill from committee and putting it on the Senate floor for immediate action, but could not muster enough support. Shadegg’s legislation was referred to the House Energy & Commerce and Ways & Means Committees. It has 12 co-sponsors, including nine Republicans. Shadegg is a member of Energy & Commerce and nine co-sponsors are members of one of the committees with jurisdiction over the bill. The legislation sets an October 16, 2004, compliance date for HIPAA rules governing transactions and code sets, identifiers, and data security, or a date 24 months after all final rules--including enforcement--are issued and provider and payer identifiers are available for use, whichever is later. The bill excludes the privacy rule and the previously delayed individual identifier. The American Medical Association, American Public Human Services Association, and Blue Cross and Blue Shield Association requested the legislation. Opponents contend the bill could delay HIPAA implementation for five or more years. Read the Text of the Bill
HIPAA Requires Upgrade to Millions Of Computers
5/21/2001
A clock is ticking for the nation's health care industry to upgrade their computer systems, a complicated changeover that is being compared to Y2K -- both in cost and hype. Bills might be overpaid, underpaid or not paid at all, some health care officials say. Claims could be rejected. The wheels of health care could slow down. To some in the health care industry, this is Y2K-2. Read the Full Story
Health Care IT Agenda Tops HIPAA Survey
2/06/2001
Complying with government regulations that affect health-care IT systems will be the top priority for information executives this year, according to preliminary results of a survey from the Chicago-based Healthcare Information and Management Systems Society (HIMSS). Read the Full Story
Medical Records Vulnerable to ID Theft
12/12/2000
The recent revelation that a hacker broke into the University of Washington Medical Center and downloaded confidential information on thousands of patients rang alarm bells with privacy advocates. Read the Full Story
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