Law.com Subscribers SAVE 30%

Call 855-808-4530 or email [email protected] to receive your discount on a new subscription.

The HITECH Act And Health Care Attorneys

BY Lee. S. Atckinson
June 29, 2009

President Barack Obama executed The American Recovery and Reinvestment Act of 2009 (the “Stimulus Act”) on Feb. 17, 2009. Title XIII of the Stimulus Act, which is entitled, “The Health Information Technology for Economic and Clinical Health Act” (the “HITECH Act”), devotes significant resources to encouraging the use of electronic health records. A goal of the Act is the advancement of health information technology that will improve health care quality by reducing medical errors, health disparities, and health care costs that result from inefficiency. See the HITECH Act, ' 3001(b)(1-11). The Act's expansion of The Health Insurance Portability and Accountability Act's (HIPAA's) privacy regulations and its imposition of new restrictions and requirements are intended to protect patients against the increased risk of the unauthorized disclosure and use of the information that accompanies the electronic use of patient records.

The new legislation, while aimed at stimulating the economy and increasing patient safety, has another side that health law attorneys need to be aware of. In certain circumstances, the Act's provisions may apply to health care lawyers, who could find themselves subject to civil and criminal penalties if they fail to comply with its requirements.

The HITECH Act

This premium content is locked for Entertainment Law & Finance subscribers only

  • Stay current on the latest information, rulings, regulations, and trends
  • Includes practical, must-have information on copyrights, royalties, AI, and more
  • Tap into expert guidance from top entertainment lawyers and experts

For enterprise-wide or corporate acess, please contact Customer Service at [email protected] or 877-256-2473

Read These Next
Yachts, Jets, Horses & Hooch: Specialized Commercial Leasing Models Image

Defining commercial real estate asset class is essentially a property explaining how it identifies — not necessarily what its original intention was or what others think it ought to be. This article discusses, from a general issue-spot and contextual analysis perspective, how lawyers ought to think about specialized leasing formats and the regulatory backdrops that may inform what the documentation needs to contain for compliance purposes.

Hyperlinked Documents: The Latest e-Discovery Challenge Image

As courts and discovery experts debate whether hyperlinked content should be treated the same as traditional attachments, legal practitioners are grappling with the technical and legal complexities of collecting, analyzing and reviewing these documents in real-world cases.

Identifying Your Practice's Differentiator Image

How to Convey Your Merits In a Way That Earns Trust, Clients and Distinctions Just as no two individuals have the exact same face, no two lawyers practice in their respective fields or serve clients in the exact same way. Think of this as a "Unique Value Proposition." Internal consideration about what you uniquely bring to your clients, colleagues, firm and industry can provide untold benefits for your law practice.

Risks and Ad Fraud Protection In Digital Advertising Image

The ever-evolving digital marketing landscape, coupled with the industry-wide adoption of programmatic advertising, poses a significant threat to the effectiveness and integrity of digital advertising campaigns. This article explores various risks to digital advertising from pixel stuffing and ad stacking to domain spoofing and bots. It will also explore what should be done to ensure ad fraud protection and improve effectiveness.

Turning Business Development Plans Into Reality Image

This article offers practical insights and best practices to navigate the path from roadmap to rainmaking, ensuring your business development efforts are not just sporadic bursts of activity, but an integrated part of your daily success.