From the Desk of Matt Fisher – ICYMI

By Matt Fisher, Esq
Twitter: @matt_r_fisher
Host of Healthcare de Jure – #HCdeJure

Tune in weekdays at 2pm, 10pm or 6am ET as Matt serves up the hottest healthcare issues of the day, all from a legal point of view.  From public policies and Federal initiatives to privacy and security, join host Matt R. Fisher as he and his guests discuss a smorgasbord of topics, giving hospitals, physicians, vendors and patients a seat at the table. Matt’s virtual conversations can be listened to on demand or heard on air. So don’t miss a minute of what’s on the menu.

ICYMI, read the latest of Matt’s blogs. And don’t forget to join the conversation with Matt on #HCdeJure.

When to Report a Breach: Consideration of Encryption States
Data breaches grab headlines on a daily basis and arise from a number of different scenarios. However, one question that is not necessarily examined closely (at least in news articles), is whether encryption was in place and why the encryption did not prevent the breach. That rhetorical question does not get into the finding in a number of resolutions through the HHS Office for Civil Rights where lack of appropriately or properly implemented encryption was part of the reason for a penalty. Continue reading on HealthIT Answers.

Reminder, Provide Access to Data
The Office for Civil Rights started 2021 off with another settlement of alleged non-compliance with the HIPAA right of access. The settlement, as noted by OCR, is the 14th right of access settlement since OCR began its targeted focus on this issue in late 2019. The message should be a bit unavoidable at this point in time, namely that individuals have the right to access their own health information and unnecessary hurdles or delays should not be put in the way. Continue reading on HealthIT Answers.

HIPAA Progress: Incremental or By a Leap?
After a bit longer of a delay than was initially expected, the Department of Health and Human Services released a proposed rule to change pieces of HIPAA. The proposed rule is the outcome from a request for information that closed in February of 2019, where HHS posed a number of questions mostly focused on how HIPAA interacts with value based care goals. The request aligned with other questions at the time as to whether data were too restricted in flow from fulfilling overarching goals of alignment and coordination. Continue reading on HealthIT Answers.

Looking Ahead: Promise After a Tumultuous Year
Every year brings its own successes and trials, but 2020 brought more than its fair share of trials. The biggest issue that dominated healthcare throughout the year (and will continue to do so into 2021) was COVID-19. The unexpected, swift, and far-reaching impact of COVID impacted all levels of healthcare, society, and more. The impact likely cannot be understated as it has yet to be fully determined. Continue reading on HealthIT Answers.

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