Medical Records Law in Illinois
In late January of 2013, The Department of Health and Human Services issued the long-awaited final revisions to the HIPAA rules, with the final regulations under the HITECH Act.1
These final rules made a number of changes to the current HIPAA privacy, security, breach notification and enforcement requirements. The changes went into effect in March of 2013, and the compliance deadline was September 23, 2013. Despite the passage of time, many health care providers and Business Associates still have not updated (or implemented) a HIPPA Compliance plan with all the required documentation. The promise of more HIPAA audits to begin later this year, getting your HIPAA compliance program in order is crucial.
With regard to Business Associates, the definition has been expanded to include vendors who create, receive maintain, or transmit PHI in order to perform a function on behalf of a covered entity. The addition of those companies, who “maintain” PHI, even if they do not regularly view it, has broadened the reaches of HIPAA. This expanded definition has resulted in many new and existing vendors now being considered business associates, with direct liability for compliance and increased responsibilities.
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