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The HITECH Act Makes Significant Changes to HIPAA Affecting Covered Entities, Business Associates and Personal Health Record Vendors

June 16, 2009

Michelle Wilcox DeBarge, Jody Erdfarb

The American Recovery and Reinvestment Act of 2009 was signed into law by President Obama on February 17, 2009 amidst an abundance of fanfare, controversy, and media coverage. However, a small section of the mammoth legislation received little attention, yet has significant implications for health care providers and other organizations that deal with protected health information (PHI) or personal health records (PHRs).
Title XIII of the Act, the Health Information Technology for Economic and Clinical Health Act (HITECH), contains a section that substantially modifies the privacy and security requirements under the Health Insurance Portability and Accountability Act (HIPAA). Some of these HITECH provisions impose entirely new requirements, while others expand those already in place. HIPAA covered entities and business associates will be affected, as will some other organizations that previously have been spared.
 

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