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Ohio appeals court rejects claim of wrongful disclosure of medical information under Biddle v. Warren General Hospital - upholds lack of private cause of action under HIPAA

Baker & Hostetler LLP
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USA
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January 18 2012

In an opinion announced on January 10, 2012, the Ohio Tenth District Court of Appeals, in Columbus, Ohio, held that a hospital’s use of a patient’s individually identifiable health information (PHI) for obtaining payment of a patient’s account was a valid use of PHI for payment purposes under the Health Insurance Portability and Accountability Act of 1996, Pub. L. No. 104-191 (“HIPAA”), and rejected the patient’s claim that disclosure of the patient’s PHI was a wrongful disclosure of medical information under Biddle v. Warren General Hospital, Ohio’s seminal case that established a personal injury tort for wrongful disclosure of confidential medical information

Ohio adopts new patient notification law for terminating physician employment

Baker & Hostetler LLP
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USA
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March 21 2013

Until recently, physicians were required by rules of the State Medical Board of Ohio to notify their patients upon termination of services or

Certified electronic health records: the meaning of meaningful use

Baker & Hostetler LLP
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USA
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January 21 2010

On the cusp of the new year, CMS and the Office of the National Coordinator for Health Information Technology (ONC) released copies of closely related rules to implement provisions of the HITECH Act which provide for incentive payments for the adoption and meaningful use of certified electronic health record (EHR) technology

A Baker's dozen of significant changes from the HIPAAHITECH Rule

Baker & Hostetler LLP
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USA
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February 28 2013

The long-awaited final omnibus rule modifying the Health Insurance Portability and Accountability Act of 1996 (HIPAA) Privacy and Security Rules, as

HIPAA bombshells -- major civil monetary penalties imposed against covered entities for privacy violations

Baker & Hostetler LLP
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USA
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March 3 2011

The last week of February 2011 likely will be remembered as a noteworthy milestone in the privacy enforcement history of the Health Insurance Portability and Accountability Act (HIPAA) by the U.S. Department of Health and Human Services (HHS

HITECH Act's changes to privacy and security regulations: key dates for covered entities and business associates

Baker & Hostetler LLP
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USA
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December 13 2011

During the past year, the healthcare privacy and security community has anxiously awaited publication of the "Final HITECH Regulations" amending certain provisions of the privacy and security standards of HIPAA that were mandated by the HITECH Act

Final HITECH act regulations amending HIPAA privacy and security will be published in 2012

Baker & Hostetler LLP
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USA
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January 11 2012

During 2011, informal indications were given by the HHS Office of Civil Rights (OCR) and various industry experts that the final HITECH Act regulations amending the HIPAA privacy and security regulations would be published by the end of 2011

Retail store optometry practice violated the Texas Optometry Act

Baker & Hostetler LLP
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USA
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May 12 2011

In a ruling issued on May 4, a federal district court in Texas found that Wal-Mart Stores violated the Texas Optometry Act provision which prohibits manufacturers, wholesalers and retailers of glasses and other vision devices from directly or indirectly controlling or attempting to control the professional judgment or manner of practice or practice of an optometrist

CMS finalizes several payment rules for 2012

Baker & Hostetler LLP
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USA
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November 10 2011

On November 1, 2011, the Centers for Medicare and Medicaid Services (CMS) issued its final rules related to the physician fee schedule, outpatient prospective payment system (PPS), home health PPS, and end-stage renal disease PPS for calendar year (CY) 2012

CMS issues proposed rule adding genetic information to HIPAA protections

Baker & Hostetler LLP
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USA
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October 15 2009

On October 7, 2009, the Internal Revenue Service, U.S. Department of Labor and the Centers for Medicare & Medicaid Services published interim final regulations under Title I of the Genetic Information Nondiscrimination Act of 2008 (GINA) to prohibit group health plans and health insurance issuers from discriminating based on genetic information

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