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Polsinelli Shughart PC Health Care Law In the News
Attorneys

Matthew J. Murer
Practice Area Chair

Colleen M. Faddick
Practice Area Vice-Chair

Bruce A. Johnson
Practice Area Vice-Chair

Alan K. Parver
Practice Area Vice-Chair

Janice A. Anderson
Douglas K. Anning
Jane E. Arnold
Jack M. Beal
Cynthia E. Berry
Mary Beth Blake
Gerald W. Brenneman
Teresa A. Brooks
Jared O. Brooner
Anika D. Clifton
Anne M. Cooper
Lauren P. DeSantis-Then
S. Jay Dobbs
Thomas M. Donohoe
Cavan K. Doyle
Meredith A. Duncan
Erin Fleming Dunlap
Fredric J. Entin
Jennifer L. Evans
T. Jeffrey Fitzgerald
Michael T. Flood
Kara M. Friedman
Rebecca L. Frigy
Asher D. Funk
Randy S. Gerber
Mark H. Goran
Linas J. Grikis
Lauren Z. Groebe
Brett B. Heger
Jonathan K. Henderson
Margaret H. Hillman
Jay M. Howard
Cullin B. Hughes
Sara V. Iams
George Jackson, III
Lindsay R. Kessler
Joan B. Killgore
Anne L. Kleindienst
Chad K. Knight
Sarah R. Kocher
Dana M. Lach
Jason T. Lundy
Ryan M. McAteer
Jane K. McCahill
Ann C. McCullough
Ryan J. Mize
Aileen T. Murphy
Hannah L. Neshek
Gerald A. Niederman
Edward F. Novak
Thomas P. O'Donnell
Aaron E. Perry
Mitchell D. Raup
Daniel S. Reinberg
Donna J. Ruzicka
Charles P. Sheets
Kathryn M. Stalmack
Leah Mendelsohn Stone
Chad C. Stout
Steven K. Stranne
William E. Swart
Tennille A. Syrstad
Emily C. Tremmel
Andrew B. Turk
Joseph T. Van Leer
Andrew J. Voss
Joshua M. Weaver
Emily Wey
Mark R. Woodbury
Janet E. Zeigler

 

Additional Health Care
Professionals


Julius W. Hobson, Jr.
Harry Sporidis

To learn more about our
Health Care practice,
click here.


February 2013

 

Breaking Down the HIPAA Rule Changes: Part 3 of 5

Modifications to the Breach Notification Rule

 

The final HIPAA omnibus rule published in the Federal Register on January 25, 2013 (the Final Rule) made a few changes to the Breach Notification Rule, which was implemented by an interim final rule shortly after the passage of the Health Information Technology for Economic and Clinical Health Act (HITECH Act) and became effective September 23, 2009 (the Interim Final Rule). Most significantly, the Final Rule altered the definition of "breach" – which will reshape how Covered Entities and Business Associates determine their breach notification obligations in the future.

The purpose of this e-alert is to (i) discuss the Final Rule's modifications to the Breach Notification Rule; and (ii) suggest some action items to comply with the Breach Notification Rule (as modified by the Final Rule) by September 23, 2013 -- the required compliance date.

I.

Modifications to the Breach Notification Rule

 

 

A.

Definition of "Breach"

B.

Definition of "Unsecured Protected Health Information"

C.

Notice Requirements

[Click here to read more.]

II.

Action Items to Comply with the Breach Notifications

   
 

Click here for a checklist.

 

 

There are real consequences if a Covered Entity or Business Associate does not comply with the Breach Notification Rule. Failure to comply with the Breach Notification Rule is in and of itself a HIPAA violation which is subject to HHS enforcement actions and civil money penalties. For this reason, it is crucial that Covered Entities and Business Associate clearly understand their obligations under the Breach Notification Rule and have appropriate polices and procedures in place to promote their compliance with the Breach Notification Rule.

[Click here to view the full PDF.]

For More Information

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Dallas Attorney Receives Board Certification in Health Law

Sweeping HIPAA Changes Impact Health Care Providers and Vendors in New Ways

Experienced Bankruptcy Attorney Joins Growing Los Angeles Office of Polsinelli Shughart

e-Alert: American Taxpayer Relief Act of 2012 - The Effects on Charitable Giving

Webinar Video: Medicare Reimbursement Developments in 2012

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