Big HITECH Setback
An e-mail message from the Department of Health and Human Services (HHS) Civil Rights Division listserver: On January 25, 2013, HHS published a final rule entitled � Modifications to the HIPAA Privacy, Security, and Enforcement Rules Under the Health Information Technology for Economic and Clinical Health Act, and the Genetic Information Nondiscrimination Act; Other Modifications to the HIPAA Rules. � (2013 Omnibus Rule). A portion of that rule was challenged in federal court, specifically provisions within 45 C.F.R. �164.524, that cover an individual�s access to protected health information. On January 23, 2020, a federal court vacated the �third-party directive� within the individual right of access �insofar as it expands the HITECH Act�s third-party directive beyond requests for a copy of an electronic health record with respect to [protected health information] of an individual . . . in an electronic format.� Additionally, the fee li...