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 [July 2007] By Susan Schalla and LaVerne Woods In an effort to allay concerns regarding its position on health information technology (HIT) cost-sharing arrangements between tax-exempt hospitals and medical staff physicians, the Internal Revenue Service (IRS) has released a series of six questions and answers (Q&As). The Q&As are available on the IRS website. The Q&As follow up on an IRS internal directive issued to IRS staff in May 2007 regarding the treatment of cases in which tax-exempt hospitals engage in HIT cost-sharing arrangements to allow physicians to connect with the hospitals’ electronic health records (EHR) systems. (For coverage of the directive see our May 2007 Advisory Bulletin.) The IRS directive stated that tax-exempt hospitals would not be deemed to provide impermissible private benefit or inurement in violation of Section 501(c)(3) of the Internal Revenue Code if the cost-sharing arrangements met certain parameters.

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• Health Care
• HIPAA
• Privacy & Security
• Tax-Exempt Organizations

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FCC Funds Telehealth Deployment through Rural Health Care Pilot Program [May 2007]
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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

	Anti-kickback Safe Harbor Rules for E-Prescribing and Electronic Health Records
	Stark Exception Rules for E-Prescribing and Electronic Health Records

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