HIPAA Investigations
Fenton Nelson regularly advises clients on issues related to HIPAA, the
Health Insurance Portability and Accountability Act. We assist clients
in ensuring their compliance with security and privacy requirements for
healthcare information.
Although the term "HIPAA" has become synonomous with patient privacy, California healthcare providers need to be equally concerned with CMIA, the Confidentiality of Medical Information Act. Together, these two laws address not only patient privacy requirements, but also electronic standardization, security, and other requirements governing the handling and transmission of health information.
Federal and California law have significant differences in the area of patient privacy. With respect to coverage for example, HIPAA privacy and security rules apply to "covered entities," which include healthcare providers who transmit healthcare information in electronic form (using a standard transaction), healthcare clearinghouses (e.g. billing companies), and health plans. CMIA, by contrast, has a far broader scope of coverage. In many areas, CMIA is actually more stringent than HIPAA in establish safeguards for patient privacy.
Fenton Nelson counsels providers in determining whether they are HIPAA and CMIA compliant and in responding to allegations of noncompliance by state and federal regulators. We have assisted numerous providers with developing compliant notices and practices in their practices.
We also regularly respond to patient complaints concerning the handling of private information, and have defended lawsuits and administrative disciplinary actions involving these issues.
Although the term "HIPAA" has become synonomous with patient privacy, California healthcare providers need to be equally concerned with CMIA, the Confidentiality of Medical Information Act. Together, these two laws address not only patient privacy requirements, but also electronic standardization, security, and other requirements governing the handling and transmission of health information.
Federal and California law have significant differences in the area of patient privacy. With respect to coverage for example, HIPAA privacy and security rules apply to "covered entities," which include healthcare providers who transmit healthcare information in electronic form (using a standard transaction), healthcare clearinghouses (e.g. billing companies), and health plans. CMIA, by contrast, has a far broader scope of coverage. In many areas, CMIA is actually more stringent than HIPAA in establish safeguards for patient privacy.
Fenton Nelson counsels providers in determining whether they are HIPAA and CMIA compliant and in responding to allegations of noncompliance by state and federal regulators. We have assisted numerous providers with developing compliant notices and practices in their practices.
We also regularly respond to patient complaints concerning the handling of private information, and have defended lawsuits and administrative disciplinary actions involving these issues.
