Health Law

This book takes an in-depth look at the issue of escalating data breaches and their legal ramifications. It focuses on the law and its implications, encryption technology, recognized methods of resolving a breach, and many related aspects of information security. The book also examines a number of the major data breach incidents from a variety of legal and technology perspectives, and provides instructive graphics to illustrate the methodologies hackers use to cause these breaches.

To promote the use of information technology for the electronic exchange of personal health information among providers and other health care entities, Congress passed the Health Information Technology for Economic and Clinical Health (HITECH) Act. It provides incentives intended to promote the widespread adoption of technology that supports the electronic sharing of data among hospitals, physicians, and other health care entities. Pursuant to a requirement in the HITECH Act, the Government Accountability Office (GAO) is reporting on practices implemented by health information exchange organizations, providers, and other health care entities that disclose electronic personal health information. GAO's specific objectives were to describe (1) the practices implemented for disclosing personal health information for purposes of treatment, including the use of electronic means for obtaining consent, as reported by selected health information exchange organizations, their participating providers, and other entities; and (2) the effects of the electronic sharing of health information on the quality of care for patients as reported by these organizations. To address both objectives, GAO conducted case studies of 4 of more than 60 operational health information exchanges and a selection of each of the exchanges' participating providers

HIPAA and the Security Rule are sources of law, but the Security Rule also acts as a source of information security practices. A Guide to HIPAA Security and the Law, Second Edition bridges the gap between the law and information security practices. The HITECH Act imposes additional security requirements. This book serves as a reference to a wide audience: healthcare and information security professionals implementing the HIPAA Security Rule and Breach Notification Rule, as well as attorneys and business professionals advising them.

Health Care IT: The Essential Lawyer's Guide to Health Care Information Technology and the Law, introduces lawyers, health care professionals, and members of the general public to the many facets of the use of technology in health care and its federal regulatory framework.

HIPAA (PL 104-191) continues to generate numerous questions. What kinds of policies does it cover? Does it help people who are currently uninsured? Does it help people with pre-existing medical conditions? How does it affect health insurance premiums? How do its requirements interact with the Consolidated Omnibus Budget Reconciliation Act (COBRA) continuation coverage? Answers to those questions are provided, as well as descriptions of each of the major section of HIPAA.

This concise, practical guide helps the advocate understand the sometimes dense rules in advising patients, physicians, and hospitals, and in litigating HIPAA-related issues.

The Practical Guide to HIPAA Privacy and Security Compliance, Second Edition is a one-stop, up-to-date resource on HIPAA privacy and security, including details on the HITECH Act, the 2013 Omnibus Rule, and the pending rules. The book defines what HIPAA is, what it requires, and what you need to do to achieve compliance. It provides an easy-to-understand overview of HIPAA privacy and security rules and compliance tasks. Supplying authoritative insights into real-world HIPAA privacy and security issues, it summarizes the analysis, training, and technology needed to properly plan and implement privacy and security policies, training, and an overall program to manage information risks.

Available on Bloomberg Law. The world of e-health, including Internet health services, electronic health records (EHR), wireless- and Bluetooth-enabled devices, health information and services provided through smart phones and tablets, and other health information technology, continues to experience unprecedented expansion to what has become a $76.7 billion market. This expansion, spurred in part by the federal government's incentives tied to “meaningful use” of EHR technology, and perhaps in greater part by significant innovation in the private sector and consumer demand, particularly in the area of mobile health (mhealth), has come with new regulations and legal challenges. Keeping up-to-date can be a tremendous challenge for anyone working in this area. With these significant changes, and aggressive enforcement actions by the Department of Health and Human Services on the rise, health lawyers and others who work with the electronic transmission of health information need to be well informed about the current legal climate now more than ever. For that reason, it is essential to have a reference guide, such as E-Health, Privacy, and Security Law, to keep abreast of these changes.

Available on Westlaw. Provides an overview for and the basics of HIPAA in addition to strategies for implementation and requirements under the Act.

Available through BNA Online. This portfolio explains the complex and evolving web of laws governing the privacy of information about the health of individuals. It provides practical tools for compliance and insights into common implementation issues. The portfolio is divided into eight substantive chapters, beginning with an overview of the regimes imposed by HIPAA and regulations promulgated under HIPAA, and by the HITECH Act. The portfolio delves into the terms of art that define the entities and data types to which these laws and their implementing regulations apply, and examines the obligations of covered entities and business associates with respect to personal health information (PHI) under HIPAA and HITECH. The portfolio further discusses security standards imposed for the protection of electronic PHI in a world of electronically stored and transmitted information, the penalties for violations of HIPAA standards, and specific instances of settlements and litigation involving allegations of HIPAA violations. It also addresses certain state laws, focusing on the major health information privacy laws in California, Wisconsin and New York.