ABA Health eSource May 2013 Volume 9 Number 9
ABA Health eSource - Your link to the ABA's Health Law Section
May 2013 Volume 9 Number 9
Health Law Section NewsMay 23, 2013
May 30, 2013
The What and Why of the Sunshine Act?
(Member Benefit: Complimentary Teleconference)
June 4, 2013
The Sunshine Act: How to Avoid Getting Burned by Health Care Reform
(CLE Webinar & Teleconference)
June 19, 2013
Cells as Drugs: FDA Regulation of an Individual's Cells
(Member Benefit: Complimentary Teleconference)

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Cutting Through the HIPAA Hype: What You Need to Know About the HITECH Act Rules
(Now Available!)

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Emerging Issues in Healthcare Law Materials
(Now Available!)

Health Law Highlights

Health Law News

HHS Office of Inspector General (OIG)

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CDC Public Health Law News

CDC Newsletter is a free electronic newsletter published monthly by the Centers for Disease Control and Prevention, Public Health Law Program


HIPAA Megarule Special Edition Part 2

With the publication of the HIPAA Megarule, the ABA eSource Editorial Board, in conjunction with the Section's eHealth, Privacy & Security Interest Group, has published two Special Editions focused on the Rule's implications. The first special edition is available at this link.

This edition of eSource is brought to you by the eHealth, Privacy & Security Interest Group.

What does the new HITECH Megarule mean for the Use of EHRs?

By Catherine Barrett, Adela Lucero and Erin Williams, MITRE, Annapolis, MD

Electronic Health Records (“EHRs”) facilitate the sharing of medical information and are central to the federal government’s effort to coordinate medical care, reduce preventable medical errors, prevent clerical errors, and reduce costs. “An EHR is held and maintained by a health care provider and may contain all the information that once existed in a patient’s paper medical record, but in electronic form.”

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Marketing under the HIPAA Megarule: The Rules Become Tighter

By Peter D. Ricoy, Schwabe, Williamson, & Wyatt, P.C., Portland, Oregon

By design, using an individual’s protected health information (“PHI”) for marketing purposes has never been easy under the HIPAA Privacy Rule. That rule generally prohibits the use of PHI for marketing without an individual’s authorization. In 2009 Congress passed the HITECH Act, imposing additional limitations on certain marketing communications that were previously permitted without an authorization.

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The Right to Obtain Restrictions Under the HIPAA/HITECH Rule: A Return to the Ethical Practice of Medicine

By Jim Pyles, Powers, Pyles, Sutter & Verville, P.C.,
Washington, D.C.

The HIPAA/HITECH Final Omnibus Rule issued on January 25, 2013 restores the right for Americans to retain some control over the disclosure of their health information as part of the “floor” of federal privacy protections afforded by HIPAA. Under the new rule, individuals have a right to obtain restrictions on the disclosure of health information in electronic or any other form to a health plan for payment or healthcare operations with respect to specific items and services for which the individual has paid the covered entity out of pocket in full.

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Implications for Covered Entity Public Health Agencies under the HIPAA Omnibus Rule

By Jennifer Bernstein, The Network for Public Health Law, Ann Arbor, MI

Public health plays an important role in the United States healthcare system. The 10 Essential Public Health Services identified by the Centers for Disease Control and Prevention provide a working definition of public health and a guiding framework for the responsibilities of local public health systems. One of the essential services performed by public health agencies is to link people to needed personal health services and assure the provision of healthcare for those with limited or no access to a coordinated system of clinical care

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eHealth, Privacy & Security Interest Group

The eHealth, Privacy & Security Interest Group focuses on three substantive areas - Health Information Privacy, Healthcare Electronic Communication & Information Technology Transactions, and Healthcare Technology Dispute Resolution.

If you would like to join the Interest Group, click the following link: Health Law Section IG Sign-up Form.

The IG is led by Chair Deborah C. Hiser, Brown McCarroll LLP, Austin, TX and Vice Chairs Clay J. Countryman, Breazeale, Sachse & Wilson, LLP, Baton Rouge, LA; Linda Abdel Malek, Moses & Singer LLP, New York, NY; Deborah E. Mann, Bannerman & Johnson PA, Albuquerque, NM and Clinton Mikel, The Health Law Partners, P.C., Southfield, MI.

ABA eSource Editorial Board

The ABA Health eSource Editorial Board is led by Editor, Marla Durben Hirsch, Potomac, MD; Chair Conrad Meyer, Chehardy Sherman, LLP, New Orleans, LA and editorial board members Claire Castles, Jones Day, Los Angeles, CA; Robyn Diaz, St. Jude Children's Research Hospital, Memphis, TN; Robert T. Rhoad, Crowell & Moring LLP, Washington, DC and Jose Vela Jr, Assistant United States Attorney, Southern District of Texas, Houston, TX.

Do you want to communicate your ideas to thousands of other members? To contribute a newsletter article on a health law topic, send us your ideas to simeon.carson@americanbar.org.
The opinions expressed are those of the authors and shall not be construed to represent the policies or positions of the ABA or the ABA Health Law Section.
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