HIPAA Summit VII The Hidden Trap: Compliance with State Law

Slides:

Advertisements

Similar presentations

0 Jumping through Two Hoops: the HIPAA Privacy Rule and State Law Compliance Issues Bruce Merlin Fried, Esq. The fifth National HIPAA Summit November 1,

Advertisements

Jumping through Two Hoops HIPAA and State Law Compliance Bruce Merlin Fried, Esq. HIPAA State Law and Preemption Audio Summit July 10, 2002.

Jumping through Two Hoops HIPAA and State Law Compliance: the Problem of the Failure of Federal Preemption Bruce Merlin Fried, Esq. HIPAA Summit West II.

 What is the Privacy Rule? The Standards for Privacy of Individually Identifiable Health Information (Privacy Rule) governs the use and disclosure of.

HIPAA Basics Brian Fleetham Dickinson Wright PLLC.

HIPAA: Privacy, Security, and HITECH, Oh My! Presented by Stephanie L. Ganucheau, Special Assistant Attorney General.

Chapter 6 Federal Regulation of Pharmacy Practice.

COBB/DOUGLAS COMMUNITY SERVICES BOARD Confidentiality and Privacy of Consumer Information.

Issue Brief National Association of School Nurses Privacy Standards for Student Health Records.

P E N N S Y L V A N I A C O A L I T I O N A G A I N S T D O M E S T I C V I O L E N C E P E N N S Y L V A N I A C O A L I T I O N A G A I N S T RAPE HIPAA.

© 2009 The McGraw-Hill Companies, Inc. All rights reserved. 1 McGraw-Hill Chapter 1 The Goal of HIPAA: Administrative Simplification HIPAA for Allied Health.

HIPAA PRIVACY REQUIREMENTS Dana L. Thrasher Constangy, Brooks & Smith, LLC (205) ; Victoria Nemerson.

Entities Covered by HIPAA Privacy Rule George Mason University College of Nursing and Health Science Regulatory Requirements for Health Systems Summer.

NAU HIPAA Awareness Training

 Original Intent: ◦ Act passed in 1996 with two main goals: 1.Ensure individuals would be able to maintain their health insurance between jobs (the “portability”

Copyright 2006 Rubin Law Firm, LLC Drafting HIPAA Compliant Subpoenas & Discovery Presented by:RACHEL B. RUBIN Kansas Bar Association Annual Meeting June.

Davis Wright Tremaine LLP Non-HIPAA Governmental Regulation of Healthcare Privacy and Security Sixteenth HIPAA Summit/The Privacy Symposium August 21,

HIPAA THE PRIVACY RULE Reviewed December HISTORY In 2000, many patients that were newly diagnosed with depression received free samples of anti-

Health Information Portability & Accountability Act Presented by Jennifer Coughlin Eugene, Oregon April 10, 2013.

Health Insurance Portability and Accountability Act (HIPAA)

Objectives  Review federal statutes (HIPAA, FERPA)  Discuss state guidelines  Review local procedures

HIPAA Compliance Strategies for Employers, METs, MEWAs and Taft Hartley Union Trust Funds The HIPAA Colloquium at Harvard University Presented by: Melissa.

Medical Records in Court: Life after HIPAA North Carolina Conference of Superior Court Judges, October 2003 Presented by Jill Moore, UNC School of Government.

Scope of Practice and Licensure

“ Technology Working For People” Intro to HIPAA and Small Practice Implementation.

HIPAA The Privacy Rule Health Insurance Portability and Accountability Act of 1996 (HIPAA) The 104 th Congress passed the Act, Public Law ,

DSDS Quality Assurance Unit State of Alaska, Dept. of Health and Social Services Division of Senior and Disabilities Services (DSDS) Quality Assurance.

1 Disclosures © HIPAA Pros 2002 All rights reserved.

Confidentiality and Security Issues in ART & MTCT Clinical Monitoring Systems Meade Morgan and Xen Santas Informatics Team Surveillance and Infrastructure.

HIPAA – Developing an Understanding

Computerized Networking of HIV Providers Workshop Data Security, Privacy and HIPAA: Focus on Privacy Joy L. Pritts, J.D. Assistant Research Professor Health.

Michael R. Costa, Esq., M.P.H. Greenberg Traurig, LLP One International Place, 3 rd Floor Boston, MA (fax)

HIPAA Michigan Cancer Registrars Association 2005 Annual Educational Conference Sandy Routhier.

Practicing In Harmony with HIPAA The views and opinions expressed in the presentation are those of the presenter, and not necessarily official positions.

Medical Law and Ethics, Third Edition Bonnie F. Fremgen Copyright ©2009 by Pearson Education, Inc. Upper Saddle River, New Jersey All rights reserved.

Health Insurance Portability and Accountability Act of 1996 HIPAA Privacy Training for County Employees.

© 2013 The McGraw-Hill Companies, Inc. All rights reserved. Ch 8 Privacy Law and HIPAA.

Chapter 7—Privacy Law and HIPAA

HIPAA THE PRIVACY RULE. 2 HISTORY In 2000, many patients that were newly diagnosed with depression received free samples of anti- depressant medications.

Copyright ©2014 by Saunders, an imprint of Elsevier Inc. All rights reserved 1 Chapter 02 Compliance, Privacy, Fraud, and Abuse in Insurance Billing Insurance.

C HAPTER 34 Code Blue Health Sciences Edition 4. Confidentiality of sensitive information is an important issue in healthcare. Breaches of confidentiality.

© 2004 Moses & Singer LLP HIPAA and Patient Privacy Issues Raised by the New Medicare Prescription Drug Program National Medicare Prescription Drug Congress.

HIPAA Privacy for Pharma Audioconference 5/29/2002 pwC.

HIPAA and State Law Compliance: the Problem of the Lack of Federal Preemption Clark Stanton HIPAA SUMMIT IV April 26, 2002 Clark Stanton HIPAA SUMMIT IV.

HIPAA History March 3, HIPAA Ruling Health Insurance Portability Accountability Act Health Insurance Portability Accountability Act Passed by Congress.

1 Changes to Privacy Regulations under ARRA May 4, 2009 Melissa Goldstein, J.D. The George Washington University School of Public Health and Health Services.

Federal Preemption, and State Healthcare Privacy and Data Security Law and Regulation Fifth National HIPAA Summit October 30 – November 1, 2002 Mark Barnes.

CAN THE CANNED FORMS: Practical Advice in Implementing HIPAA Privacy Policies and Forms Margaret Marchak, Esq. Rachel Nosowsky, Esq. HIPAA Summit West.

Final PRIVACY RULE Presentation by Richard Campanelli, Director OCR/HHS at 5 th National HIPAA Summit Washington, D.C. October 31, 2002.

Table of Contents. Lessons 1. Introduction to HIPAA Go Go 2. The Privacy Rule Go Go.

Confidentiality of Substance Use Disorder Treatment Information in an Era of Integration and Health Information Exchanges Ellen Weber University of Maryland.

COMMUNITY-WIDE HEALTH INFORMATION EXCHANGE: HIPAA PRIVACY AND SECURITY ISSUES Ninth National HIPAA Summit September 14, 2004 Prepared by: Robert Belfort,

Can Providers Assure Commercially Insured Adolescents Confidentiality for STI Screening and Treatment? C onflicting Laws and Innovative Approaches Abigail.

HIPAA Training Workshop #3 Individual Rights Kaye L. Rankin Rankin Healthcare Consultants, Inc.

HIPAA PRIVACY & SECURITY TRAINING

Privacy & Information Security Basics

10 Patient Confidentiality and HIPAA

HIPAA CONFIDENTIALITY

HIPAA Administrative Simplification

HIPAA Pros - Disclosures

Jay Sicklick, Esq. Center for Children’s Advocacy August 6, 2018

Disability Services Agencies Briefing On HIPAA

HIPAA Summit West II San Francisco, California March 13-15, 2002

HIPAA Summit West The Hidden Trap: Compliance with State Law

National Congress on Health Care Compliance

The Health Insurance Portability and Accountability Act

Objectives Describe the purposes of the Health Information Technology for Economic and Clinical Health (HITECH) Act of 2009 Explore how the HITECH Act.

Non-HIPAA Governmental Regulation of Healthcare Privacy and Security

Health Insurance Portability and Accountability Act

HIPAA, The Next Level: HIPAA Preemption of State Laws

Presentation transcript:

HIPAA Summit VII The Hidden Trap: Compliance with State Law Katherine M. Keefe, Esq. Melinda Reid Hatton, Esq.

HIPAA Preemption--General Rule HIPAA’s administrative simplification provisions preempt contrary state law provisions, unless one of four exceptions are met

HIPAA Preemption -- Exceptions DHHS Secretary exceptions determinations More stringent state health privacy provisions State reporting laws Health plan reporting and information

HIPAA Preemption -- Exceptions “More Stringent” state law provisions prohibit or restrict disclosure permit greater access/amendment rights require tighter consents/authorizations require longer/more detailed accountings of disclosures provide more privacy protection

HIPAA Preemption -- Not Just Theoretical State law provisions must be factored into HIPAA compliance Notice of privacy practices must reflect more stringent state laws Policies and procedures need to operationalize compliance with all relevant laws and regulations

FAQ September 3, 2003 NPP must reflect more stringent state laws Multi-state implications Covered entities need to track changes in state law

HIPAA Definition of State Law Includes: constitution statutes regulations rules common law other state actions having force and effect of law

State Health Privacy Provisions Found in Numerous Laws/Regulations Professional licensure/certification Facility licensure/certification Condition or disease-specific (i.e., mental health, drug and alcohol, HIV/AIDS) Program-specific (i.e., Medical Assistance, Drug & Alcohol Services, prescription programs) Statutory privileges

HIPAA Preemption--Challenges Locating relevant state health privacy provisions Provision-by-provision analysis required Implications for multi-state entities Lack of regulatory guidance

HIPAA Preemption-- Practical considerations Cost Time Staying Current

HIPAA Preemption--Collaborations State associations Industry-specific “Mandated” approaches i.e., Texas S.B. 1136

50 State HIPAA Privacy Study Comprehensive national privacy study Sponsored by the Healthcare Leadership Council Funded by numerous health care organizations, including the AHA Covers 32 types of entities (hospitals, professional providers, insurers, nursing homes, pharmacies and more) Web-based; searchable by state, topic, type of entity

50 State HIPAA Privacy Study www.statehipaastudy.com

Preempted? More Stringent? Selected Issues HIPAA does not require consent for TPO disclosures, but many state rules do Patient access: grounds for denial, fees and costs Who tells the police they can’t have DNA information? Abuse reporting and HIPAA - required victim notice: a chilling effect?