EHR Compliance
Since the Health Information Portability and Accountability Act (HIPAA) was enacted in 1996, Fenton Nelson attorneys have regularly advised clients on proactive efficient approaches to ensuring HIPAA compliance. Patient privacy and security issues have become increasingly more complex with the advent of electronic medical records (EMR). EMR holds out the promise not only of making records easier to transfer and share, but also enhancing coordination of care among providers.
As the number of parties accessing these records increases, however, so do the risks of privacy breaches. EHR compliance planning is key to help manage these risks while fully utilizing these new technologies.
The Health Information for Economic and Clinical Health Act (HITECH) was a key component of the government’s answer to promoting efficient healthcare while safeguarding patients’ privacy. Adopted in February 2009 and effective February 2010, HITECH was a subsection of the government stimulus package targeting rising healthcare costs. It encourages the “meaningful use” of technology by incentivizing health care providers to transition to certified EMR’s.
HITECH also expands the privacy and security provisions of HIPAA. In particular, “business associates,” persons or entities that perform certain functions or activities that involve the use or disclosure of protected health information for healthcare providers, are now directly subject to HIPAA and therefore directly responsible for regulating access, authentication, storage and transmittal of EMR’s. Understanding whether a business is a business associate to a covered entity (i.e. a health care provider) is crucial to avoiding costly noncompliance, as well as the risk of civil and criminal penalties.
Fenton Nelson is an EHR consultant that counsels providers and business associates alike in determining their status and responsibilities under HIPAA and HITECH. We frequently help clients respond to allegations of noncompliance by state and federal regulators. We also routinely assist providers in developing and instituting compliance plans, notices and procedures in their practices. We are available to assist in training both compliance officers and company workforces(requirements for both covered entities and business associates).
The legal team at Fenton Nelson can also guide strategic decisions regarding software implementation and proving “meaningful use” during a transition to EMRs as physicians and hospitals seek to qualify for incentive funds which will be distributed through Medicare or Medicaid. We work closely with our clients’ internal technology personnel, as well as outside consultants to help clients identify and implement their technology needs.
