Information Blocking Rule Compliance Checklist

Advise clients on how to comply with the federal Information Blocking Rule, 45 C.F.R. pt. 171. Do not assume your (or your client’s) healthcare organization’s electronic medical records (EMR) vendor will sufficiently address all of the rule’s requirements. Identify the operational decisions and other process issues that must be addressed—and can only be implemented—by the healthcare provider organization or health information exchange / health information network (HIE/HIN), as applicable.

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• HIPAA Regulatory Enforcement Tracker
  Stay up to date on recent activity by the U.S. Department of Health and Human Services Office for Civil Rights (OCR) regarding compliance with the Health Insurance Portability and Accountability Act (HIPAA). Bookmark this tracker from Practical Guidance – Healthcare to access current OCR guidance and review OCR HIPAA enforcement actions involving precedential interpretations of the law, as well as significant consequences for infringing companies.
• HIPAA Privacy, Security, Breach Notification, and Other Administrative Simplification Rules
  Learn about HIPAA rules impacting employers and their sponsored group health plans. Brush up on HIPAA’s Privacy and Security Rules, both of which are designed to ensure the confidentiality and integrity of protected health information (PHI). Understand how these rules prescribe conduct following breaches of PHI and how they standardize electronic transactions that involve healthcare data.
• HIPAA Authorization for PHI Use or Disclosure
  Use this template to obtain an individual’s consent allowing a health plan or other covered entity to use or disclose the individual's PHI, as may be required under HIPAA. Add this template to your compliance document library. Obtain the individual’s signature, retain the original, and provide the individual a copy before using or disclosing PHI in any way other than one specifically permitted under HIPAA.

Practical Guidance Updates
Featuring the latest updates from your Practical Guidance account.   

• Interested in private Healthcare fraud and disclosure data? Healthcare attorneys are encouraged to take the annual Private Market Data Healthcare Survey. This questionnaire asks for key data points regarding recent self-disclosures made to the HHS Office of Inspector General via either the OIG’s Health Care Fraud Self-Disclosure Protocol (SDP) or the CMS Voluntary Self-Referral Disclosure Protocol (SRDP). Survey participants will receive a $25 gift card.*
• The emergence of Generative AI in Healthcare is being met with considerable concern and scrutiny because of the life-changing implications related to patient care. The new edition of the Practical Guidance Journal features an in-depth look at cautions and legal considerations.
• Access our new Generative Artificial Intelligence (AI) Resource Kit, which provides a frequently updated collection of current Practical Guidance materials on generative AI, ChatGPT, and similar tools.
• Legal Developments provide the latest updates and analyses of emerging topics impacting your practice area. Visit the Legal Developments page to see the latest topics, which also include breaking legal news and related Practical Guidance content.
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• Document alerts allow you to stay current on legal developments that affect your practice. Find out how to set up your document alerts.

*Offer is void where prohibited by law or by your employer’s policies. Individual must complete the survey in its entirety and in accordance with all instructions by September 30, 2023, to be eligible for gift card offer. Only one gift card, valued at $25, will be given per individual, while supplies last. Employees of any governmental entity are not eligible to participate in this offer. No returns or exchanges. Offer is valid through September 30, 2023. The questionnaire responses will be reviewed for accuracy and relevancy prior to delivery of the gift card. Other restrictions may apply.

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