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 Health Care Providers: Don't Miss the Red Flags [August 2008]
By Rebecca L. Williams RN, JD and Brent R. Eller
The Federal Trade Commission (FTC) recently issued a reminder of the upcoming Nov. 1, 2008, compliance deadline for implementing identity theft prevention programs pursuant to the identity theft red flag rules (“Red Flag Rules”).
Many health care providers have been unaware of the Red Flag Rules or have been uncertain of the applicability of these requirements. Providers in general should be aware of the Red Flag Rules, should revisit their existing privacy and security compliance programs to ensure that the requirements of the Red Flag Rules have been addressed, and should take other actions to bring themselves into compliance with applicable requirements. It would be prudent for those health care providers that have not done so already to seek legal advice with respect to applicability and appropriate compliance with the Red Flag Rules. |
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 DEA Erects a Checkpoint on the Road to E-Prescribing [June 2008]
By Edwin D. Rauzi and Ingrid Brydolf
Nearly everyone in the federal government—from the president on down—has been extolling the benefits of electronic prescriptions and encouraging the health care delivery system to adopt the necessary technologies and practices. On a broader scale, Congress has enacted legislation promoting electronic commerce generally, and authorizing the use of electronic signatures for most purposes. Despite these pressures, the Drug Enforcement Agency (DEA) had, until June 26, 2008, continued to hang on to paper citing concerns over drug diversion.
Now, after approximately seven years of work, the DEA has proposed new regulations to allow electronic prescriptions for controlled substances listed on Schedules III-V. See 73 FR 36722-36782 (June 27, 2008). These are drugs that have the potential for abuse, but include common substances like codeine cough syrup. Because these are proposed regulations, the DEA is soliciting comments during the next 90 days. |
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 Ongoing Obligations Regarding Risk Analysis and Risk Management under the HIPAA Security Rule [Apr. 2008]
By Rachel E. Dobrow Stone, and Rebecca L. Williams
Copyright 2008 American Health Lawyers Association, Washington, D.C. Reprint permission granted. Further reprint requests should be directed to American Health Lawyers Association 1025 Connecticut Avenue, NW, Suite 600 Washington, DC 20036 (202) 833-1100 For more information on Health Lawyers content, visit us at www.healthlawyers.org |
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IRS Tries Again: More Guidance Regarding Health Information Technology Cost-Sharing Arrangements [June 2008] read bulletin
FCC
Funds Telehealth Deployment through Rural Health Care Pilot
Program [May 2007]
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bulletin
IRS
Guidance Clarifies That Tax-Exempt Hospitals May Share Health
Information Technology With Physicians
[May 2007] read
bulletin
Taxable
Income, Intermediate Sanctions: Unintended Tax Consequences
of HIT Donations Due to New Anti-kickback Safe Harbors, Stark
Exceptions? [Feb.
2007] read
bulletin
Security
Guidance on Portable Electronic Devices [Jan.
2007] read
bulletin
Executive
Order Promotes Interoperable Electronic Health Records [October
2006] read
bulletin
OIG and CMS Adopt Final Regulations Permitting Donation of e-Prescribing and Electronic Health Records Technology
[August 2006] read bulletin
Health Care Data Breaches: Steps To Take When Prevention Fails [May 2006] read bulletin
Data Breach Notification Laws: The Changing Landscape in Early 2006 [March 2006] read bulletin
Final HIPAA Enforcement Rule Published
[Feb. 2006] read bulletin
Will Electronic Health Records Become the New Standard of Care? (And How Worried Should You Be If They Do?) [Feb. 2006] read bulletin
HHS Offers Cautious Protections for
E-Prescribing and EHR Subsidies [Oct. 2005]
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User Agreements for Electronic Health Information Networks [Aug. 2005] read bulletin
Washington’s New Data Breach Notification
Law Takes Effect July 24
[July 2005] read bulletin
The Balance Between Privacy and Technology [June 2005] read bulletin
Choosing a Health Information Technology Vendor: Guidelines for Success [March 2005]
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RHIO Governance Series, Part I: A Road Map for Establishing Your Health Information Organization [Feb. 2005] read bulletin
Physician Self-Referral and Anti-kickback Laws Pose Threats to Development of Community Health Information Networks [Oct. 2004]
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Electronic Health Records and the National Health Information Infrastructure [Sep. 2004]
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complete listing of DWT's health-related advisories
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