Privacy and Security Law Firm Announces The HITECH/HIPAA Survival Guide

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Health care providers and facilities face complex challenges in dealing with compliance issues presented by the HITECH Act's enhancement of HIPAA Privacy and Security Rules

The Digital Business Law Group (DBLG) co-authored the HIPAA Survival Guide with Deborah Leyva, RN, BSN, a health care and technology thought leader. The guide provides a concise overview of HIPAA's Privacy and Security Rules with discussion of the implications resulting from the HITECH Act's enhanced enforcement of HIPAA.

HITECH transforms HIPAA from a paper tiger, under a historically lax enforcement regime, to legislation that is likely to be rigorously enforced; a critical part of the Obama administration's Electronic Health Record (EHR) initiatives contained within ARRA. Among other substantive regulations, HITECH provides for: 1) mandatory HIPAA audits; 2) expanded compliance requirements for business associates; 3) authority of State Attorney Generals to bring civil actions on behalf of residents; and 4) monetary penalties or settlements regarding HIPAA violations transferred to HHS's Office of Civil Rights for enforcement purposes.

Developing an effective HITECH/HIPAA compliance strategy is a necessity for all HIPAA covered entities and business associates. The HIPAA Privacy and Security Rules are now included within HHS's "meaningful use" definition--which effectively means HITECH based EHR incentive payments may be at risk if a provider or facility is found to be non-HIPAA compliant. Lost in much of the HITECH discussion to date are the transformational privacy implications of HITECH's Subtitle D.

Carlos Leyva, Managing Shareholder of DBLG, says: "There is a clear need for wider discussion of HITECH/HIPAA EHR compliance issues. The HIPAA Survival Guide was made freely available in order to 'jumpstart' the conversation. An online version of the guide can be found at HIPAA Survival Subsequent releases of the guide will link directly to applicable sections of the regulations. Health care providers of all sizes will need an easy to use toolset if they are going to effectively cope with the compliance challenges that lie ahead."

About The Digital Business Law Group, P.A. (DBLG)

DBLG focuses on Internet law and electronic privacy/data security compliance. The firm helps clients do business online safely, securely and in accordance with applicable law. It also advises clients regarding technological complexities that have legal implications. The firm is located in the greater Tampa, FL area. To learn more about DBLG visit the firm's website.


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