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Polsinelli Shughart PC Health Care Law In the News

Matthew J. Murer
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Practice Area Vice-Chair

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Practice Area Vice-Chair

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Additional Health Care

Julius W. Hobson, Jr.
Harry Sporidis

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February 2013


Breaking Down the HIPAA Rule Changes: Part 4 of 5

Uses and Disclosures of PHI under the Final Rule

Changes Related to Marketing, Research, Fundraising and the Sale of Protected Health Information and Other Significant Changes


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.


Modifications Related to the Use and Disclosure of PHI for Marketing Purposes

[Click here to read more.]


Modifications Related to the Use and Disclosure of PHI for Research Purposes




Compound Authorizations Permitted


Authorizations for Future Research Permitted

[Click here to read more.]


Modifications Related to the Use of PHI for Fundraising Purposes




Opportunity to Opt-Out of Communications


Expanded Types of PHI Permissibly Used For Fundraising Communications

[Click here to read more.]


The Prohibition on the Sale of PHI

[Click here to read more.]


Modifications to the Breach Notification Rule




Use and Disclosure of a Decedent's PHI


Disclosure of Immunization Records to Schools

[Click here to read more.]

To conclude, the revisions to the HIPAA Privacy Rule resulting from the Final Rule that are related to the use and disclosure of PHI for marketing, research, and fundraising purposes, and the prohibition on the sale of PHI are all very fact and circumstance specific. To determine how and to the extent such modifications will affect the operations of a Covered Entity or Business Associate, all arrangements that potentially implicate such requirements should be reviewed and modified for compliance purposes prior to September 23, 2013.

[Click here to view the full PDF.]

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Polsinelli Shughart | In the News

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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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