Articles and Blogs

Health Information Technology

Information Blocking and Interoperability Regulations: A Few Key Points

[05/29/20]

Posted on May 29, 2020 in COVID-19 Daily Updates, Health Information Technology

Published by: Hall Render

A pair of final rules were published May 1, 2020, by HHS. The first rule issued by the Office of the National Coordinator for Health IT (“ONC”) relates to the 21st Century Cures Act information blocking provisions and the ONC Health IT certification program (“Info Blocking Regulations”). The second rule issued by CMS relates... READ MORE

Tags: , , , , , , , ,

CARES Act Modifies Confidentiality Protections for Substance Use Disorder Records

[04/13/20]

Posted on April 13, 2020 in Health Information Technology

Published by: Hall Render

Recently, the President signed the Coronavirus Aid, Relief, and Economic Security Act (“CARES Act”) into law. Among many changes is a significant modification to the federal confidentiality protections currently afforded substance use disorder (“SUD”) records pursuant to the Public Health Services Act at 42 U.S.C. 290dd-2 (“PHS Act”). Most notable, the amendments to the... READ MORE

Tags: , , , ,

FCC Releases Guidance on Scope of Eligible Equipment and Services Under COVID-19 Telehealth Program

[04/10/20]

Posted on April 10, 2020 in Health Information Technology

Published by: Hall Render

In a Public Notice released April 8, 2020, the FCC provided clarification as to the scope of equipment and services it would consider eligible for funding under the COVID-19 Telehealth Program, as well as the anticipated application process. Types of eligible equipment and services include, but are not limited to the following: Telecommunications services... READ MORE

Tags: , , ,

Zooming into Risk During COVID-19

[04/08/20]

Posted on April 8, 2020 in Health Information Technology

Published by: Hall Render

In the midst of the COVID-19 nationwide public health emergency and with 43 states issuing stay-at-home orders, both business and personal connectivity has become increasingly dependent on video-teleconferencing (“VTC”) platforms, such as Zoom, in order to stay connected. Unfortunately, these VTC platforms may be extremely vulnerable to hacking attempts by malicious actors and other... READ MORE

Treasury and IRS Issue Additional Guidance on Employer Tax Credits

[04/03/20]

Posted on April 3, 2020 in Health Information Technology

Published by: Hall Render

In response to the COVID-19 pandemic, the Department of the Treasury and the Internal Revenue Service (“IRS”) recently issued several pieces of guidance this week on the various tax credits established for employers under the Families First Coronavirus Relief Act (“FFCRA”) and the Coronavirus Aid, Relief, and Economic Security Act (“CARES Act”). Below is... READ MORE

Tags: , , , , ,

FCC Announces Details of $200 Million COVID-19 Telehealth Program

[04/03/20]

Posted on April 3, 2020 in Health Information Technology

Published by: Hall Render

On April 2, 2020, the FCC released its Report and Order, establishing the rules for participation in its recently announced COVID-19 Telehealth Program (the “Program”). Through the Program, the FCC will provide eligible health care providers with 100 percent of the costs of the telecommunications, information services and connected devices (i.e. remote monitoring devices,... READ MORE

Tags: , ,

FCC Undertakes Measures to Assist Health Care Providers In Light of COVID-19 Crisis

[04/02/20]

Posted on April 2, 2020 in Health Information Technology

Published by: Hall Render

Over the course of the past two weeks, the Federal Communications Commission (“FCC”) has undertaken several measures in an attempt to assist health care providers in light of the COVID-19 crisis, including by expanding funding opportunities available to eligible health care providers for telecommunications services and equipment and reducing the burden of participation in... READ MORE

FCC Issues Guidance on the Scope of the TCPA’s “Emergency Purposes” Exception

[03/31/20]

Posted on March 31, 2020 in Health Information Technology

Published by: Hall Render

The Telephone Consumer Protection Act (“TCPA”) generally prohibits the use of automated text messages or prerecorded calls to a cellular number without the prior consent of the receiving party. The TCPA expressly excepts from the foregoing prohibition any calls or messages sent for “emergency purposes.” See 47 C.F.R. § 64.1200(f)(4). In a Declaratory Ruling... READ MORE

Tags: , , ,

Battling the Bugs: Cybersecurity During a Pandemic

[03/19/20]

Posted on March 19, 2020 in Health Information Technology

Published by: Hall Render

As the COVID-19 outbreak threatens to rapidly overload the health care system and global economy, threat actors seeking to profit during the chaos are increasing their activity. As such, disruptive and destructive cyberattacks could potentially delay or terminate critical services as the demand for COVID-19 testing and treatment continues to increase. This includes not... READ MORE

HIPAA Compliance During the COVID-19 Pandemic

[03/18/20]

Posted on March 18, 2020 in Health Information Technology

Published by: Hall Render

Last Updated: April 13, 2020 Table of Contents Enforcement Discretion for COVID-19 Testing Sites Enforcement Discretion for Business Associate Public Health Disclosures Disclosures to Law Enforcement, Paramedics, First Responders and Public Health Authorities Privacy and Security Requirements for Telehealth Waived Section 1135 HIPAA Waiver OCR Bulletin: HIPAA and COVID-19 Hall Render privacy attorneys are... READ MORE

Tags: , , ,