Law Students

If so then you need to understand HITECH'S Subtitle D. The HIPAA Privacy and Security Rules are now part of HHS' "meaningful use" definition. As a practical matter, what this means is that a provider or facility that is non-HIPAA compliant may not get paid their EHR incentives.

A more readable version of the HITECH Act's Subtitle D - Privacy can be found here. The table of contents can be found below. The sections highlighted in red are part of the reason that HIPAA is no longer a paper tiger.

Subtitle D?Privacy

Sec. 13400. Definitions
.
PART 1?IMPROVED PRIVACY PROVISIONS AND SECURITY PROVISIONS

Sec. 13401. Application of security provisions and penalties to business associates
of covered entities; annual guidance on security provisions.
Sec. 13402. Notification in the case of breach.
Sec. 13403. Education on health information privacy.
Sec. 13404. Application of privacy provisions and penalties to business associates of covered entities.
Sec. 13405. Restrictions on certain disclosures and sales of health information; accounting of certain protected health information disclosures; access to certain information in electronic format.
Sec. 13406. Conditions on certain contacts as part of health care operations.
Sec. 13407. Temporary breach notification requirement for vendors of personal health records and other non-HIPAA covered entities.
Sec. 13408. Business associate contracts required for certain entities.
Sec. 13409. Clarification of application of wrongful disclosures criminal penalties.
Sec. 13410. Improved enforcement.
Sec. 13411. Audits.

PART 2?RELATIONSHIP TO OTHER LAWS; REGULATORY REFERENCES; EFFECTIVE DATE; REPORTS

Sec. 13421. Relationship to other laws.