Law Students

The final definition of "meaningful use" under the HITECH Act can be found here. One thing to note is that compliance with HIPAA's Privacy & Security Rules not only remain part of the meaningful use definition as a policy priority, with corresponding goals and objectives for 2011, but two significant footnotes (Fn9 and Fn9) were added on page 10 (see below).

8. The HIT Policy Committee recommends that CMS withhold meaningful use payment for any entity until any confirmed HIPAA privacy or security violation has been resolved

9. The HIT Policy Committee recommends that state Medicaid administrators withhold meaningful use payment for any entity until any confirmed state privacy or security violation has been resolved

It should be clear to all stakeholders that the Obama administration does not plan to cut corners with respect to privacy and security issues as it moves forward with its Electronic Health Record (EHR) initiatives. In fact, privacy and security issues are likely to grow in importance.There is indeed a regulatory freight train coming unlike anything the health care industry has experienced in the past.

Few are ready for this train. As a privacy lawyer, I am more interested in helping clients comply than in debating the merits of the policy. As Yogi Berra once said (paraphrasing): "the regulatory privacy and security future ain't what it use to be."

Check out the HIPAA Survival Guide if you are looking for a place to get grounded.