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HITECH Act Compliance is a Team Sport:  Is your team HITECH ready?

 June 2011 Issue No. 18
In This Issue
Products now available in the HSG Store
Tracking Patients Using HITECH / HIPAA Compliance Software
In the News

HITECH / HIPAA Final Rules on the Horizon: Bob Coffield provides a summary of the pending final rules that are due to come out "soon."  These rules, based on the NPRM that came out in July 2010 and the Interim Final Rule on Breach Notification, are long overdue. 


Although HHS appeared to be aggressively meeting its dates after the initial enactment of the HITECH Act, progress of late has been SLOW. This caused some speculation as to how serious HHS would be in its enforcement efforts, despite some high profile fines levied against some big names. 


With all the privacy activity going on of late, including the introduction of a new privacy bill and the grilling of Apple and Google on the Hill, it appears that privacy is alive and well in the USA and is one of those consumer issues that refuses to go away. Our expectation all along was that the HITECH Act would be a game changer. We will soon see to what degree HHS lives up to this promise.


In other privacy news, the FTC has recently gone after Google for botching its Buzz release and has imposed an onerous settlement agreement. This follows not long after the FTC reached a settlement agreement with Twitter for failure to safeguard personal information.


Our reading of these "tea leaves" taken as a whole is that covered entities and business associates should expect and prepare for agressive HITECH / HIPAA enforcement. It is likely that the healthcare free pass on privacy and security is largely a thing of the past.

HITECH Switch OnProducts now available in the HSG Store. 
HIPAA Breach Notification Framework 

Our HIPAA Breach Notification Framework walks you through the process of analyzing security incidents to determine what actions you must take to ensure your response complies with the HITECH Breach Notification requirements. The Framework discusses HITECH breach compliance in simple terms and uses twelve flowchart diagrams to help you navigate the process. It also includes tools and templates that help "jump start" your breach notification compliance initiative.


 Buy Now... 


Our HIPAA Breach Notification Policy

This policy implements section 13402 of the HITECH Act which requires HIPAA covered entities and their business associates to provide notification following a breach of unsecured protected health information. The policy was derived from our HIPAA Breach Notification Framework and is included as a FREE gift that product


Buy Now... 

Business Associate Agreement: a HITECH Ready Model Contract

Our model Business Associate Agreement includes provisions that meet the requirements of HIPAA/HITECH and is fully annotated with links to the relevant statutory/regulatory authority that underpins each Contract clause. The Contract package also includes a complete "User's Guide," with a clause-by-clause explanation of the issues addressed in the Contract. 

Buy Now...

The Security Rule Under HITECH:
a Business Associate Perspective
First Edition

The most important step for building a "good SR compliance story" is for the business associate to get started. The approach in The Security Rule Under HITECH is to build the story iteratively over time. Most business associates (large or small) will likely need help in creating the story. The framework discussed throughout this document provides a good road map to follow.

Buy Now...

HIPAA Survival Guide Third Edition

The Third Edition of the HIPAA Survival Guide updates various substantive text of the first two editions and adds completely new material. The HITECH Act has indeed proven to be transformational. In order to deal more effectively with its changing regulatory landscape we have decided to release an updated version available here and on Amazon's Kindle platform.

Buy Now...

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Other Resources

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Dear Carlos,

Welcome to the June 2011 HITECH / HIPAA Compliance Newsletter. Given the recent activity occurring in the HITECH / HIPAA regulatory landscape we have decided to revert to a monthly format. The featured article this month is entitled Tracking Patients Using HITECH / HIPAA Compliance Software.


This article addresses features and functionality required to ensure that your organization can provide visible demonstrable evidence that it is managing patient authorizations, restrictions, incidents, and access requests according to applicable law. This article provides an overview of how our recommended best of breed HIPAA Compliance Software accomplishes these tasks. In subsequent articles we will discuss the other baseline components in greater detail.

HITECH / HIPAA Newsletter 


HSG Announcements
HITECH Survival Guide 

We are now actively promoting what we believe to be the best of breed HIPAA Compliance Software on the market. We performed a significant amount of due diligence over the last couple of years and this is the one solution that is clearly ahead of the pack and economically priced to be within the reach of even the smallest covered entities and business associates. To see a demo of the product click here.

We are also pleased to announce the availability of our HIPAA Breach Notification Framework . Section 13402 of the HITECH Act requires that HIPAA covered entities and their business associates provide various notifications following a breach of unsecured protected health information. Our HIPAA Breach Notification Framework  offers guidance for complying with HITECH's Breach Notification requirements as well as tools and templates that help "jump start" your breach notification compliance initiative.

Our EHR Library remains one of our most popular downloads. Here you will find content that will help you select the right EHR package for your practice or facility.
Contract Drafting
We continue to be excited about the marketplace feedback of our Business Associate Agreement: a HITECH Ready Model Contract (Buy Now).

The HIPAA regulations and the HITECH Act mandate that a covered entity establish a written contract with a business associate in a number of instances, including whenever a business associate "manages" PHI on behalf of a covered entity. Our Model Contract includes provisions that meet the requirements of HIPAA/HITECH and is fully annotated with links, where appropriate, to the relevant statutory/regulatory authority that underpins each Contract clause.

Our Model Business Associate Contract, Roadmaps, and other offerings are now available in the HSG Store.

Stay Connected
Want to stay updated throughout the month? Follow Debbie on Twitter by clicking on the badge below.  If you would like to read more regarding the authors' views on HIT and compliance click here and here and subscribe to their blogs.  

Become a Fan
Follow us on FaceBook by becoming a fan of the guide and support the HSG by purchasing some HSG Wearables. Also, be sure to check out our HITECH Videos.

Advertising Opportunities
HSG is now welcoming advertisers to help support one of the most comprehensive and usable HITECH / HIPAA sites on the Internet. Our audience continues to grow as healthcare providers, both large and small, return to HSG again and again.

HITECH Survival Guide Wordle  
Tracking Patients Using HITECH / HIPAA Compliance Software
Webtones PointerThis article describes the kinds of features and functionality that an organization should seek in a   HIPAA compliance software in order to be able to show visible demonstrable evidence that it is serious about meeting its HITECH / HIPAA compliance obligations with respect to tracking patient PHI.

The Guard allows you to manage and track all the compliance information for a given patient in a centralized and readily accessible manner, including: restrictions, authorizations, disclosures, incidents, legal representative and other documentation necessary to comply with HITECH / HIPAA


HITECH / HIPAA NewsletterThe move to electronic health records, and the momentum gathering around the empowered patient, will make it far more likely that patients and other stakeholders will request access to such information. Covered entities and business associates (Organizations) must be positioned to respond accordingly and will find it increasingly difficult to do so without best-of-breed  HITECH / HIPAA compliance tracking software.


As more and more computer-savvy boomers retire and start focusing on their golden years, issues related to health will dominate their top-of-mind concerns. In short, it is the retiring boomers that may actually start requesting copies of their medical records. Organizations will be forced to respond according to applicable law. 


Key Contract SectionsThe Guard allows an organization to track when a medical record request was made and fulfilled. It provides evidence that you are responding in a timely manner (or not) and allows your organization to manage this important aspect of your compliance initiative. HIPAA and HITECH changed how Organizations approach a patient's right to request, access and amend their PHI. 


Generally, all patients now have the right to view, copy, and amend their PHI; despite the fact that patients have not yet begun doing so en masse. That is likely to change, especially with respect to retirees that now have discretionary time to focus on these matters.



About Us
HITECH Puzzles3Lions Publishing, Inc. is now the owner/operator of the HIPAA Survival Guide website and the official sponsor of this newsletter. Our mission is to bring you HITECH / HIPAA statutes and regulations in an easy to read and digestible format, products that help reduce the burden of compliance, and "news you can use" via our newsletter.

We take a partnering and collaborative approach to the marketplace. If you would like to see specific topics covered in this newsletter, or additional products, then please let us know.

Carlos Leyva, CEO
3Lions Publishing, Inc.


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