New HIPAA Privacy Regulations Released by Department of Health and Human Services

On January 25, 2013, the federal Department of Health and Human Services (HHS) issued significant changes to existing HIPAA privacy regulations that will require substantial changes for long term care facilities. The American Health Care Association and the National Center for Assisted Living (AHCA/NCAL), in partnership with the health care law firm Rolf Goffman Martin Lang LLP, has developed an e-book to help providers understand everything needed to know to make sure they are compliant with these new rules. Compliance is required no later than September 23, 2013.

Some of the key changes that are addressed in the manual include:

  • Requiring direct liability for business associates who fail to comply with the HIPAA Privacy and Security Rule requirements
  • Redefining “business associates” to include subcontractors that create, receive, maintain, or transmit Protected Health Information (PHI) on behalf of  a business associate
  • Placing new limitations on the use and disclosure of PHI for marketing and fundraising
  • Restricting the sale of PHI without authorization
  • Adopting a more objective breach notification threshold and new risk assessment      requirements
  • Allowing individuals access to ePHI where requested and providing additional guidance on fee sharing for such electronic access
  • Restricting disclosures of PHI concerning treatment paid in full out of pocket
  • Issuing new guidance regarding disclosures of PHI after an individual’s death
  • Requiring modifications and redistribution of notice of privacy practices
  • Incorporating the HITECH Act’s increased and tiered civil money penalty structure


The e-book provides clear explanations of the legal requirements, as well as various tools, templates, and policies that will help keep providers in compliance.  Easily link to other sections in the manual, click from section to section with bookmarks that are displayed on the side, and link to original source material on the web.  The HIPAA Privacy Reference Manual is a unique and easy-to-use online tool that easy to navigate.
 
Orders may be placed at www.ahcapublications.org or by phone at 800-321-0343.