Emerging Issues: HITECH Act – What’s New for 2015 and Beyond?
In 2009, the Health Information Technology for Economic and Clinical Health Act known as the “HITECH Act” was signed into law to promote the use of technology with health information and records. It also imposes stiff penalties for non-compliance with HIPAA’s privacy and security law.
Since its enactment, HITECH Act has offered healthcare providers financial incentives for demonstrating “Meaningful Use” of EHRs. However, to avail this incentive program, healthcare organizations must first undergo the three (3) stages in Meaningful Use Attestation which was established by the Centers for Medicare & Medicaid Services (CMS) and the Office of the National Coordinator for Health IT (ONC).
Despite its distinctiveness, HIPAA and HITECH are also mutually reinforced. Physicians and Hospitals that fulfill requirements for Meaningful Use Attestation must have also undergone HIPAA Security Risk Assessment under the Omnibus Rule.
Still, HITECH Act is vaguely written and still creates confusion. In fact, Congressional Research Service cited that only about 5 percent of physicians have a fully functional EHR System (electronic documentation of patient notes, lab results, and radiological images, electronic prescribing, clinical decision support, and data inter-operability).
The Knowledge Group is producing a LIVE Webcast: Emerging Issues: HITECH Act - What’s New for 2015 and Beyond to help healthcare providers and their counsel better understand and manage health records in compliance with HITECH, HIPAA, and other related regulations. The panel of speakers will help attendees identify and address HITECH compliance risks.
Key topics include:
- Meaningful Use
- Implications of Electronic Health Records (EHR) Adoption
- New Amendments to Privacy, Security, Breach and Enforcement Rules
- Covered Entities, Business Associates and Subcontractors
- Financial Incentives and Assistance to Providers
- Uses and Disclosures and Individual Rights
- Medicare Incentive Payments and Penalties
- EHRs Privacy and Security Risks, Breaches
- Potential Liabilities for Non-Compliance
Sands Anderson PC
- Hybrid entities and subcontractor issues
- Sharing health IT with independent contractors
- And common formats/psos/and quality of care reporting under hitech.
Morris, Manning and Martin, LLP
- Meaningful Use Audits
- Privacy and Security Risks with EHR
- Most Common Breaches
- Software Vulnerabilities
- Data Analytics
- Audit Program
- Audit Protocol
Robinson & Cole LLP
- OIG's plans to increase scrutiny of cloud vendors in 2015, including audits for Security Rule compliance.
- Advantages and disadvantages of cloud-based EHRs, including with respect to meaningful use attestation.
- Important legal protections for providers using cloud-based EHRs in light of heightened scrutiny.
Who Should Attend:
- Healthcare Service Providers
- Medical Providers
- Healthcare Law Attorneys
- Directors and Officers of Healthcare Firms
- IT Officers
- Other Related/Interested Professionals
Ruth Griggs is a member of the Healthcare group. Her practice focuses on the defense of medical professionals. Ruth also specializes in advising and representing health care providers and others in matters involving the Health Insurance Portability and Accountability Act of 1996 ("HIPAA") and she is a frequent speaker to health care professionals and others on HIPAA, HITECH, and other federal regulatory issues.
After earning her undergraduate degree, Ruth served in the United States Air Force as an Intelligence Officer. She left the Air Force after serving in the First Gulf War.
After leaving the Air Force Ruth created a not- for-profit group which engaged in lobbying activities addressing state and local government land use issues.
In 1998, Ruth was elected to the Board of Supervisors in Prince William County, Virginia, representing the Occoquan Magisterial District. She served for five years during which time she entered law school. Following law school she served as the law clerk for the Honorable Stanley P. Klein in the Fairfax Circuit Court.
Ruth Griggs is a member of the Healthcare group. Her practice focuses on the defense of medical professionals. Ruth also …
Michele Person Madison is a partner in the firm’s Healthcare Practice, where she provides general legal advice to health systems in various regulatory and business matters. Ms. Madison also works with information technology companies and advises clients on compliance with regulations and industry standards. Ms. Madison has specific experience in negotiating contractual agreements between healthcare providers and service providers, interpreting and advising health systems on regulations applicable to the healthcare industry, and providing regulatory advice with a focus on Stark, Anti-Kickback and HIPAA. Ms. Madison also has key experience and expertise in Compliance programs. She provides advice for compliance with state and federal regulations and regularly drafts and negotiates agreements with hospitals, physicians, managed care organizations and ancillary service providers, as well as contractual agreements for vendors with an emphasis on information technology, purchasing and lease agreements. Ms. Madison also works with electronic medical record vendors and personal health record providers. Ms. Madison received her bachelor's degree from Georgia State University and her law degree from the University of Georgia.
Michele Person Madison is a partner in the firm’s Healthcare Practice, where she provides general legal advice to health systems …
Christopher Librandi is a member of Robinson+Cole's Health Law Group where he counsels hospitals and other health care entities on transactional and regulatory matters, including acquisitions, general contracting, compliance with HIPAA, the Stark law and Anti-kickback statute (and state law equivalents), and medical staff policies and procedures. Mr. Librandi also advises clients from various industries on technology-related matters, including online privacy, data security and social media practices.
Prior to joining Robinson+Cole, Mr. Librandi was affiliated with Levett Rockwood PC and Cummings & Lockwood LLC.While in law school, Mr. Librandi served as an intern to the Honorable Richard M. Berman in the United States District Court for the Southern District of New York.
Christopher Librandi is a member of Robinson+Cole's Health Law Group where he counsels hospitals and other health care entities on …
Print and review course materials
Method of Presentation:
NASBA Field of Study:
Specialized Knowledge and Applications
NY Category of CLE Credit:
Areas of Professional Practice
Unlock All The Knowledge and Credit You Need
Leading Provider of Online Continuing Education
It's As Easy as 1, 2, 3
Get Your 1-Year All Access Pass For Only $199
About Sands Anderson PC
Sands Anderson began as a small Richmond office and is now one of Virginia’s largest law firms with 59 attorneys and five offices. Headquartered in Richmond, the firm’s regional offices are located in Christiansburg, Fredericksburg and McLean, Virginia, and Raleigh, North Carolina. These office locations allow Sands Anderson to provide a broad range of services to clients in those regions.
Sands Anderson has long been recognized as a pre-eminent firm in legal ability and ethics, and is rated AV in the Martindale Hubbell Peer Rating System*. Twenty one of Sands Andersons' attorneys were chosen for the 2014 edition of the Best Lawyers in America. Today, the depth and breadth of the firm’s practices of law include aviation, business, bankruptcy, commercial real estate, collections, civil and commercial litigation, construction, creditors’ rights, estate planning, government, government relations and lobbying, healthcare, intellectual property, municipal finance, labor and employment, technology and tax.
From pro bono work to economic development and community outreach programs, Sands Anderson remains steadfast to its commitment to society and the communities of which it is a member.
About Morris, Manning and Martin, LLP
Morris, Manning & Martin is a sector-focused, full-service AmLaw 200 law firm. To provide clients with optimal value, MMM combines market-leading legal services with a total understanding of the clients’ needs to maximize effectiveness, efficiency and opportunity. MMM and its lawyers possess a keen understanding of the clients’ businesses and the sectors in which they operate. Legal solutions are delivered by industry-focused, diverse, involved lawyers who are dedicated to their clients’ success, whether in a transaction, in court or in the everyday course of business.
About Robinson & Cole LLP
Robinson+Cole is a service mark of Robinson & Cole LLP, an Am Law 200 firm with approximately 200 lawyers in nine offices serving regional, national, and international clients, from start-ups to Fortune 500 companies. Since 1845, Robinson & Cole LLP has expanded to meet the changing needs of clients. The firm represents corporate, governmental, and nonprofit entities, as well as individual clients, in a wide range of matters, including corporate; business and insurance litigation; tax and tax-exempt; finance; public finance; land use, environmental and utilities, and real estate; health law; labor, employment, and benefits; intellectual property and technology; and government relations.