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Matthew J. Murer
Practice Area Chair
Colleen M. Faddick
Practice Area Vice-Chair
Bruce A. Johnson
Practice Area Vice-Chair
Alan K. Parver
Practice Area Vice-Chair
Janice A. Anderson
Douglas K. Anning
Jane E. Arnold
Jack M. Beal
Cynthia E. Berry
Mary Beth Blake
Gerald W. Brenneman
Teresa A. Brooks
Jared O. Brooner
Anika D. Clifton
Anne M. Cooper
Lauren P. DeSantis-Then
S. Jay Dobbs
Thomas M. Donohoe
Cavan K. Doyle
Meredith A. Duncan
Erin Fleming Dunlap
Fredric J. Entin
Jennifer L. Evans
T. Jeffrey Fitzgerald
Michael T. Flood
Kara M. Friedman
Rebecca L. Frigy
Asher D. Funk
Randy S. Gerber
Mark H. Goran
Linas J. Grikis
Lauren Z. Groebe
Brett B. Heger
Jonathan K. Henderson
Margaret H. Hillman
Jay M. Howard
Cullin B. Hughes
Sara V. Iams
George Jackson, III
Lindsay R. Kessler
Joan B. Killgore
Anne L. Kleindienst
Chad K. Knight
Sarah R. Kocher
Dana M. Lach
Jason T. Lundy
Ryan M. McAteer
Jane K. McCahill
Ann C. McCullough
Ryan J. Mize
Aileen T. Murphy
Hannah L. Neshek
Gerald A. Niederman
Edward F. Novak
Thomas P. O'Donnell
Aaron E. Perry
Mitchell D. Raup
Daniel S. Reinberg
Donna J. Ruzicka
Charles P. Sheets
Kathryn M. Stalmack
Leah Mendelsohn Stone
Chad C. Stout
Steven K. Stranne
William E. Swart
Tennille A. Syrstad
Emily C. Tremmel
Andrew B. Turk
Joseph T. Van Leer
Andrew J. Voss
Joshua M. Weaver
Emily Wey
Mark R. Woodbury
Janet E. Zeigler
Additional Health Care
Professionals
Julius W. Hobson, Jr.
Harry Sporidis
To learn more about our
Health Care practice,
click here.
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February 2013 |
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Breaking Down the HIPAA Rule Changes: Part 4 of 5 |
Uses and Disclosures of PHI under the Final Rule |
Changes Related to Marketing, Research, Fundraising and the Sale of Protected Health Information and Other Significant Changes |
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The final HIPAA omnibus rule published in the Federal Register on January 25, 2013 (the Final Rule) made a few changes to the Breach Notification Rule, which was implemented by an interim final rule shortly after the passage of the Health Information Technology for Economic and Clinical Health Act (HITECH Act) and became effective September 23, 2009 (the Interim Final Rule). Most significantly, the Final Rule altered the definition of "breach" – which will reshape how Covered Entities and Business Associates determine their breach notification obligations in the future.
The purpose of this e-alert is to (i) discuss the Final Rule's modifications to the Breach Notification Rule; and (ii) suggest some action items to comply with the Breach Notification Rule (as modified by the Final Rule) by September 23, 2013 -- the required compliance date.
I. |
Modifications Related to the Use and Disclosure of PHI for Marketing Purposes |
[Click here to read more.]
II. |
Modifications Related to the Use and Disclosure of PHI for Research Purposes |
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A. |
Compound Authorizations Permitted |
B. |
Authorizations for Future Research Permitted |
[Click here to read more.]
III. |
Modifications Related to the Use of PHI for Fundraising Purposes |
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A. |
Opportunity to Opt-Out of Communications |
B. |
Expanded Types of PHI Permissibly Used For Fundraising Communications |
[Click here to read more.]
IV. |
The Prohibition on the Sale of PHI |
[Click here to read more.]
V. |
Modifications to the Breach Notification Rule |
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A. |
Use and Disclosure of a Decedent's PHI |
B. |
Disclosure of Immunization Records to Schools |
[Click here to read more.]
To conclude, the revisions to the HIPAA Privacy Rule resulting from the Final Rule that are related to the use and disclosure of PHI for marketing, research, and fundraising purposes, and the prohibition on the sale of PHI are all very fact and circumstance specific. To determine how and to the extent such modifications will affect the operations of a Covered Entity or Business Associate, all arrangements that potentially implicate such requirements should be reviewed and modified for compliance purposes prior to September 23, 2013.
[Click here to view the full PDF.]
For More Information
For questions, please contact:
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