Mental Health and Substance Abuse PHI Reporting under HIPAA: HIPAA & HITECH Act Blog by Jonathan P. Tomes with guest commentator Alice M. McCart, J.D.
Trying to figure out what HIPAA and the HITECH Act require in the way of disclosing protected health information (“PHI”) under various circumstances in general .. read more
A Court Order Isn’t Necessarily a Court Order. What is necessary and sufficient? HIPAA &HITECH Act Blog by Jonathan P. Tomes
HIPAA is hard to understand, even for lawyers. One of the hardest HIPAA concepts to understand and apply is the difference between necessary and sufficient .. read more
Sample Release of PHI to Clergy Policy Posted in Premium Member Section: HIPAA & HITECH Act Blog by Jonathan P. Tomes
As I discussed in my December 21, 2017, blog post, which included a new Sample Media Policy, and my November 28, 2017, post regarding the .. read more
New Sample Media Policy for Our Blog Readers: HIPAA & HITECH Act Blog by Jonathan P. Tomes
Merry Christmas! A Christmas Present from Jon and Alice Normally, we at Veteran’s Press and EMR Legal, our HIPAA publishing and consulting companies, reserve new .. read more
OCR Clarification on Aspects of Privacy Rule after Man-made Disasters: HIPAA & HITECH Act Blog by Jonathan P. Tomes
The recent shooting attack in Las Vegas and other man-made disasters have prompted the Department of Health and Human Services (“DHHS”) Office for Civil Rights .. read more
Are Wearable Fitness Devices Covered by HIPAA? HIPAA & HITECH Act Blog by Jonathan P. Tomes
The short answer is “maybe.” But before we get into that area, let’s talk about what these fitness devices are and what they do. Many .. read more
California Determines What Is Reasonable and Appropriate for Securing Health Information: HIPAA & HITECH Act Blog by Jonathan P. Tomes
HIPAA requires covered entities and business associates to implement reasonable and appropriate security measures in § 164.308(a)(1)(ii)(B), the risk management Administrative safeguards, but although it does .. read more
Latest HIPAA Violation Settlement–$850,000 for a Stolen Laptop: HIPAA & HITECH Act Blog by Jonathan P. Tomes
I don’t understand why, with all the high six-figure and seven-figure resolution agreements (basically, settlements), covered entities do not provide adequate security for laptops and .. read more
HIPAA and Clinical Research: HIPAA & HITECH Act Blog by Jonathan P. Tomes
As might be expected in these days of an overregulated health care industry, HIPAA regulates clinical research much as it does treatment, payment, health care .. read more
Latest HIPAA Settlement—a Lesson Still Not Learned: HIPAA & HITECH Act Blog by Jonathan P. Tomes
Although most civil money penalties (“CMPs”) to date have involved risk analysis—that is, failure to do one, failure to do a complete one, or failure .. read more
