PRIVACY + SECURITY BLOG

News, Developments, and Insights

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The HIPAA-HITECH Regulation, the Cloud, and Beyond

by Daniel J. Solove The new HIPAA-HITECH regulation is here. Officially titled “Modifications to the HIPAA Privacy, Security, Enforcement, and Breach Notification Rules,” this new regulation modifies HIPAA in accordance with the changes mandated by the HITECH Act of 2009. After years of waiting and many false alarms that the regulation was going to be […]

Final HIPAA-HITECH Regulation

posted by Daniel J. Solove The final HIPAA-HITECH regulation is finally out!  Clocking in at 563 pages long, the regulation, which is entitled “Modifications to the HIPAA Privacy, Security, Enforcement, and Breach Notification Rules” will be published in the Federal Register on January 25, 2013.  You can download the PDF of the pre-publication version here.

How HIPAA Was Undermined

HIPAA

The Office of Legal Counsel (OLC) of the DOJ has issued a highly suspect interpretation of the original HIPAA that seriously undermines the enforceability of HIPAA. Some background: In 1996, Congress Passed the Health Insurance Portability and Accountability Act (HIPAA).  The Act, at 42 U.S.C. § 1320d-6, provided in part for the protection of medical privacy – […]