Category Archives: HIPAA, HIT and EHR

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OIG Advisory Opinion No. 12-20

Contributed by Lee Kim, Esq. 412.594.3915 The Office of Inspector General of the Department of Health and Human Services has issued an advisory opinion regarding a hospital’s proposal to provide free acces to an electronic interface to community physicians and physician practices (who request it) so that the physicians and practices can transmit orders for … Continue Reading

mHIMSS Roadmap

Contributed by Lee Kim, Esq. 412.594.3915 mHIMSS, the mobile initiative of HIMSS, has released the mHIMSS Roadmap to serve as guideance for  professionals, organizations, corporations and health systems on the adoption of mobile and mobile health devices. Lee Kim, chair of the mHIMSS Legal/Policy taskforce, authored several sections of the legal & policy section of the … Continue Reading

2012 mHealth Summit

Lee Kim, an intellectual property and healthcare technology attorney at Tucker Arensberg, PC, will be a panelist for a session entitled, "Policy & Regulatory Environments: A Mobile Perspective" at the international mHealth Summit which will be held in National Harbor, MD.  The 4th Annual mHealth Summit is the largest event of its kind and more … Continue Reading

Western Pennsylvania 2012 Cybersecurity Conference

Contributed by Lee Kim, Esq. 412.594.3915 Yesterday, I attended the Western Pennsylvania 2012 Cybersecurity Conference.  It was a unique opportunity to learn about cyber-threats, including cyber-attacks and cyber-crime.  As a healthcare technology attorney, I asked the panelists about their thoughts on these issues as they pertain to the healthcare industry.  In response, I was told that … Continue Reading

The Role of Social Media in Healthcare

Contributed by Lee Kim, Esq. 412.594.3915 The Medical Billing & Coding blog has a recent entry on the role of social media in healthcare.  The title of the post is 50 Amazing Ways Hospitals Are Using Facebook and Twitter.  The blog entry provides a broad perspective on how hospitals are using social media outlets such … Continue Reading

Join WPHIMSS for the Summer Healthcare & Technology Round Table on September 20th

Contributed by Lee Kim, Esq. President-Elect of WPHIMSS 412.594.3915 Please join the Western Pennsylvania Chapter of Healthcare Information and Management Systems Society (HIMSS), and guests for our annual Summer Healthcare & Technology Round Table on Thursday, September 20 at the DoubleTree in Monroeville, PA.  See address and directions below. The Summer Round Table includes a … Continue Reading

Settlement of Federal Lawsuit Against Accretive Health, Inc.

Contributed by Lee Kim, Esq. 412.594.3915 Lori Swanson, the Minnesota Attorney General, announced that Accretive Health, Inc., the Chicago debt collector that managed the revenue operations of several Minnesota hospitals, will cease operations in Minnesota as a result of a settlement agreement.  In addition, Accretive cannot reenter Minnesota for a period of six (6) years … Continue Reading

Meaningful Use Stage 2 Overview, Payment Adjustment Amounts, and Hardship Exceptions Tipsheets

Contributed by Lee Kim, Esq. 412.594.3915 Highlights of meaningful use stage 2 include the following: 1. Eligible hospitals, critical access hospitals, and eligible professionals may demonstrate meaningful use stage 2 as early as 2014.  Most of the stage 1 meaningful use stage 1 menu objectives are now stage 2 core objectives. 2. Eligible professionals must … Continue Reading

PA eHealth Collaborative Awards Grants for Health Information Exchange

Contributed by Lee Kim, Esq. 412.594.3915 In a press release today, the Pennsylvania eHealth Collaborative has announced that it has awarded grants to four organizations for regional and statewide health information exchanges.  The four recipients were each awarded $1.5 million.  These recipients were Highmark HIE, LLC, Lehigh Valley Hospital, Inc., St. Luke’s Hospital, and HealthShare … Continue Reading

Meaningful Use Stage 2 final rule released

  Contributed by Lee Kim, Esq. 412.594.3915 The final rule for meaningful use stage 2 for the electronic health record (EHR) incentive programs has been released by the Centers for Medicare & Medicaid Services (CMS). It may be accessed here:  Eligible professionals, eligible hospitals, and critical access hospitals must meet new criteria in order … Continue Reading

Medical Records Program in Rural Clinics of India

Contributed by Lee Kim, Esq. 412.594.3915 The Institute of Electrical and Electronics Engineers (IEEE) has a pilot program called the Humanitarian Technology Challenge.  It has implemented a central database in two clinics fed by information from RFID tracking cards for identifying patients and handheld mobile devices.  Clinic assistants and community caseworkers assist doctors and enter patients’ … Continue Reading

FCC Telecommunications Service Priority (TSP)

Contributed by Lee Kim, Esq. 412.594.3915 The FCC has a program that directs telecommunications service providers to given preferential treatment to users enrolled in the TSP program for adding or restoring service, regardless of the cause.  This may include communication circuits used for voice and data communications in emergency departments, with first responders (ambulance) as well as … Continue Reading


Contributed by Lee Kim, Esq. 412.594.3915 IT security is oftentimes overlooked until it is too late.  An organization may be faced with a data breach situation and, at that time, must deal with containing the risk, reporting the breach, and then determining how to prevent such problems in the future.  An organization would be better … Continue Reading

Senate 8 Bill Passed by House of Representatives

Contributed by: Lee Kim, Esq. 412.594.3915 Senate Bill 8 was unanimously passed the House of Representatives.  Pending the Governor’s signature, the passage of SB 8 creates the Pennsylvania eHealth Partnership Authority to help govern the execution of the strategic plan we submitted to advance health information exchange in the Commonwealth. The objective of this legislation … Continue Reading

OCR Posts Protocol for Audits Required by HITECH Act

OCR posted on its website the protocol used to conduct the audits required by the HITECH Act.  The OCR HIPAA Audit program analyzes key processes, controls, and policies of selected covered entities pursuant to the HITECH Act audit requirement.  OCR established a comprehensive audit protocol that contains the requirements to be assessed through these performance … Continue Reading

United States will Allocate Spectrum for Medical Area Body Networks

Contributed by Lee Kim, Esq. 412.594.3915   The Federal Communications Commission (FCC) announced that it will adopt rules to enable Medical Body Area Networks (MBANs)).  MBANs are low-power wideband networks.  MBAN technology comprises multiple body-worn sensors that transmit patient data to a control device for actively monitoring a patient’s health, such as vital signs, blood glucose … Continue Reading

CMS Publishes Corrections to Meaningful Use Stage 2 Proposed Rule

The Centers for Medicare and Medicaid Services has published corrections to its Meaningful Use Stage 2 proposed rule in the Federal Register.  “This document corrects technical errors and typographical errors in the proposed rule entitled ‘Medicare and Medicaid Programs; Electronic Health Record Incentive Program—Stage 2’ which appeared in the March 7, 2012, Federal Register.”  The … Continue Reading

HHS Settlement with Physician Practice

Contributed by: Lee Kim, Esq. 412.594.3915   The HHS Office for Civil Rights (OCR) received a report that a physician practice, Phoenix Cardiac Surgery (PCS), was posting clinical and surgical appointments for their patients on an Internet-based calendar that was publicly accessible.  OCR investigated and found that PCS  had implemented few policies and procedures to … Continue Reading

Data Breach of 24,000 Medicaid Claims by Hackers

  Contributed by Lee Kim, Esq. 412.594.3915 Representatives from the Utah Department of Health (UDOH) and the Utah Department of Technology Services (DTS) announced details of a data breach by hackers involving 24,000 Medicaid claims.  Information which may have been compromised included names, addresses, social security numbers, birth dates, and procedure codes according to the … Continue Reading

ONC Mobile Devices Roundtable

Contributed by: Lee Kim, Esq. 412.594.3915 Previously, we commented on the ONC Mobile Devices Roundtable on March 16, 2012.  Now, the video and other materials are available online.  These materials may be accessed via the following link:  (ONC has a Youtube video channel.  This link leads to that for the video content.)  … Continue Reading

Thoughts on the ONC Health IT Mobile Devices Roundtable: Safeguarding Health Information

Contributed by: Lee Kim, Esq. 412.594.3915 The ONC Health IT Mobile Devices roundtable is being aired today, on March 16, 2012, by way of live video webcast at  Here are my thoughts upon hearing the content (which is certainly instructive and helpful) (and this was submitted to ONC Health IT for public comment): 1. … Continue Reading