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HIPAA: Preemption of State Laws

Author: Demuro, Paul

Source: AHIMA Convention

Publication Date: October 10, 2001




I. Preemption of State Laws

The general rule is that a standard, requirement, or implementation specification adopted under HIPAA that is contrary to a provision of state law preempts or supersedes the provision of State law. 45 CFR §160.203.

Contrary, when used....

New Privacy Officer's Game Plan

Author: Dennis, Jill Callahan

Source: Journal of AHIMA

Publication Date: February 2001




The HIPAA-mandated privacy officer role offers a new opportunity for HIM professionals. What skills are required, and what needs to be done first? This article answers these questions.
As healthcare organizations roll out their plans for HIPAA implementation, many HIM profession....

Clearing the HIPAA Cobwebs: New ONC Chief Privacy Officer Lucia Savage Focuses on Balancing Privacy and Security with Expanding Interoperable EHR Exchange

Author: Dimick, Chris

Source: Journal of AHIMA

Publication Date: April 2015



The spiders of time have been hard at work on the US healthcare privacy and security rules, to the point that their place in health IT interoperability has become fogged and is inhibiting their proper role in the meaningful exchange of health information, according to Lucia Savage, JD, th....

Reviewing the New HIPAA Rules

Author: Dimick, Chris

Source: AHIMA regulation analysis | Journal of AHIMA

Publication Date: March 2013



At 138 fine-print pages, the final rule detailing the HITECH Act’s modifications to HIPAA privacy and security requirements is not a quick or easy read. But it is an important read since the content of the Federal Register post drastically impacts HIM professionals and their business....

The New Privacy Officer

Author: Dimick, Chris

Source: Journal of AHIMA

Publication Date: April 2012



It has been a decade since the first privacy officers took their jobs in response to the HIPAA privacy rule. A slew of changes since then have added more responsibility, required more skills, and demanded more time of them than anyone could have imagined.

When Nancy Davis, R....

CMS’s 2009 Security Assessment Process

Author: Dinh, Angela K.

Source: Journal of AHIMA

Publication Date: September 2009


In 2008 the Centers for Medicare and Medicaid Services (CMS) conducted 10 HIPAA security assessments in covered entities (CEs) nationwide. CMS’s stated purpose was not to identify flaws but to gain a true understanding of industry compliance with the HIPAA security rule.

CMS co....

It's Time to Finalize Your Privacy Policies

Author: Dougherty, Michelle

Source: Journal of AHIMA

Publication Date: November 2002


You've attended seminars, read articles, outlined systems, and developed forms for implementing the privacy rule, but there is still one step left--actually writing the policies and procedures. For many practitioners, policies and procedures are important but are often put off, then forgotten.....

On the Line: Professional Practice Solutions

Author: Dougherty, Michelle

Source: Journal of AHIMA

Publication Date: November 2001


Q: Where can I find the updated data elements and data definitions for the Uniform Hospital Discharge Data Set (UHDDS)?

Q: Where can I find an easy-to-use glossary for terms in the HIPAA regulations?

Michelle Dougherty (michelle.dougherty@ahima.org) is an HIM practice manager....

Early Word on HIPAA Claims Attachments

Author: Dougherty, Michelle

Source: Journal of AHIMA

Publication Date: October 2001


If we could look into a crystal ball and see into the future, it would be much easier to prepare for HIPAA, particularly the electronic transaction standards. Because of the rarity of crystal balls these days, we must rely on other predictors at our disposal, such as the white paper issued by t....

Changing Face of Public Health Reporting

Author: Dougherty, Michelle

Source: Journal of AHIMA

Publication Date: April 2002


In recent months, anthrax outbreaks and concern over bioterrorism threats have created a greater need for the US to have a system to monitor and report public health information in a timely manner. The Centers for Disease Control and Prevention (CDC) are developing standards for a new approach....

Checking In on Accounting of Disclosures

Author: Downing, Kathy; McLendon, Kelly

Source: Journal of AHIMA

Publication Date: November 2013



Accounting of disclosures (AOD) is one "patient right" listed within the HIPAA Privacy Rule. Since the rules were implemented in 2003, AOD has been a topic of much discussion but has not generated much regulatory action from the US Department of Health and Human Services' (HHS) Office for....

Accounting for Disclosure Cost Analysis Worksheet

Author: Dunn, Rose T

Source: External - used with permission

Publication Date: May 02, 2003

This worksheet has been developed to provide guidance on components to consider in developing the basis for a reasonable, cost-based charge for the Accounting for Disclosure (164.528). This worksheet is not intended to be all inclusive. Users are encouraged to discuss inclusions to this analysis with their facility’s cost accountant.

Calculating Costs for Accounting of Disclosures

Author: Dunn, Rose T

Source: Journal of AHIMA

Publication Date: May 2003


The privacy rule allows a covered entity to charge a cost-based fee for providing an accounting of disclosure (AOD). Has your organization determined these costs? Calculating the actual costs may be more involved than you think. This article will discuss the requirements for setting the fee an....

HIPAA Identifier Update

Author: Emerson, Mary

Source: HIPAA Conference 2000

Publication Date: March 14, 2000

2000 HIPAA Conference Presentation
HIPAA Identifier Update

Presented by Mary Emerson, HCFA

SCOPE OF IDENTIFIER STANDARDS
Standard Unique Health Identifiers and allowed uses for Health Care Provider Health Plan Employer Individual

PROVIDER IDENTIFIER NPR....

HIPAA and the EHR: Making Technical Safeguard Changes

Author: Fodor, Joseph

Source: Journal of AHIMA

Publication Date: January 2004


As electronic health records (EHRs) become more commonplace in healthcare, changes, adjustments, and improvements will be inevitable. When designing, implementing, upgrading, or remediating an EHR system, your organization’s implementation team should consider the impact of complying wit....

Measuring HIPAA's Impact (HIPAA on the Job)

Author: Fuller, Sandra R.

Source: Journal of AHIMA

Publication Date: February 2001




As children, most of us stood against a door frame while our parents recorded our height and the date on the wall. These marks climbed each year as reminders of the changes we were experiencing. When relatives visited, we proudly showed off our progress to adulthood.

These....

Countdown to HIPAA Claims Attachments

Author: Giannangelo, Kathy

Source: Journal of AHIMA

Publication Date: October 2005


With the clock ticking down to the HIPAA national provider identifier compliance deadline, HIM professionals should start thinking about the next HIPAA standard on the horizon, claims attachments. While not one of the original eight administrative transactions approved for use in the healthcar....

Privacy's Day in Court

Author: Gradle, Brian D.

Source: Journal of AHIMA

Publication Date: September 2002


While HIM professionals work to implement HIPAA, courts across the nation continue to hear cases that could affect this work. Namely, these are cases related to state privacy laws.


HIPAA's "preemption" framework provides that state laws that are not contrary to HIPAA or that p....

Organizing the Effort

Author: Grant, Karen G.

Source: HIPAA Conference 2000

Publication Date: March 14, 2000

2000 HIPAA Conference Presentation
Organizing the Effort
Presented by Karen G. Grant, RHIA, Corporate Director, Health Information Services, Partners HealthCare System Goals
To maintain a secure and continuously available technology infrastructure for Partners HealthCare System Compl....

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