ARRA: Implementation Challenges

This article takes a look at some of the difficulties involved in implementing the privacy and security requirements introduced by the American Recovery and Reinvestment Act (ARRA) of 2009. The ARRA privacy provisions that created the most worry amongst health care organizations nationwide are: 1) Breach notification; 2) Accounting for disclosure; 3) Out-of-pocket payments; and 4) Electronic copies of electronic health records. This article explores each of these [...]

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ARRA 2009: Privacy & Security Changes – Part III

This article takes a look at the American Recovery and Reinvestment Act (ARRA) of 2009, which resulted in some significant changes to privacy and security regulations which were outlined in the Health Insurance Portability and Accountability Act (HIPAA) as well as the Health Information Technology for Economic and Clinical Health (HITECH) Act. The ARRA imposes substantial modifications in four main areas: 1) HIPAA statutory requirements; 2) Increased enforcement of HIPAA; 3) Provisions to address health information held by entities not covered by HIPAA; and 4) Other changes including administrative changes, studies, reports and educational initiatives. This article takes a look at the provisions for entities that are not currently covered by HIPAA, as well as other miscellaneous changes made by the [...]

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OMB Memorandum 07-16 Safeguarding Against and Responding to the Breach of Personally Identifiable Information

Executive Order 13402 commanded the creation of a Presidential Identity Theft Task Force to examine how the Federal Government could better respond to and protect against data breaches resulting in identity theft. Under Federal regulations, such as the Privacy Act of 1974 and the Federal Information Security Management Act, individuals are guaranteed the security of their data, making adequate protection of data a matter of [...]

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EXCLUSIVE: Interview with Heartland Payment Systems' Executive Director, Mr. Steven Elefant

We had a chance to talk with Mr. Steven Elefant, Executive Director of end-to-end security at Heartland Payment Systems shortly after the security breach reportedly affecting hundreds of millions of credit card transactions. While the complete interview is available in the forums, we include a few excerpts in the articles section of the [...]

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Proposed bill shows State's Rights sometimes fall to bad federal legislation

Proposed legislation H.R. 2221 by Illinois Representative Rush seeks to preempts more restrictive privacy laws on the books in several states. While the Data Accountability and Trust Act handles several important information privacy issues, the State’s Rights infringement could hurt citizens’ [...]

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