Category Archives: HIPAA, HIT and EHR

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Health information security and healthcare technology

Lee Kim has been selected to the HIMSS Privacy and Security Committee for this coming fiscal year. In addition, she recently gave a talk on mobile healthcare information security on May 30, 2013 at the SANS Mobile Device Security Summit.  A review of her talk (and those of others) can be found here: Lee will … Continue Reading

The Health IT Legal Landscape: Policy Changes and Practical Examples in a post-Omnibus Privacy Rule World

Lee Kim will be speaking at the Government Health IT Conference on June 11-12, 2013 in Washington, D.C. addressing changes due to the Omnibus Privacy Rule.  Privacy and security requirements for health data can be complex and intimidating. HIPAA and HITECH, and now the January 2013 release of the HIPAA Omnibus Rule have a very practical … Continue Reading

Negotiating an Electronic Health Record Agreement: A Marriage Between Healthcare and Technology

Lee Kim will be giving a webinar on negotiating electronic health record agreements on Thursday, June 20, 2013. EHR’s are increasingly outsourced services provided by specialty vendors who can take advantage of economics of scale and concentrated expertise. But this means that mission-critical health care functions are more dependent on complex systems the provider does not … Continue Reading

mHealth’s Impact: The Most Rapid Transformation in Healthcare Today

Lee Kim will be presenting a webinar for HIMSS on May 22nd entitled, "Regulation and Innovation in mHealth: What You Need to Know to Successfully Play in the mHealth Space" as part of the HIMSS Virtual Forum on mHealth’s Impact: The Most Rapid Transformation in Healthcare Today.  A summary of the presentation can be accessed here:… Continue Reading

Proposed Rules Relating to Donated EHR software and certain related items to services to physicians

CMS and the Office of Inspector General at HHS (OIG) have respectively published proposed rules to extend the sunset dates for the Stark exception and anti-kickback statute safe harbor permitting donations of EHR software and certain related items and services to physicians. These provisions are set to expire on December 31, 2013. Both agencies have proposed almost … Continue Reading

Two New Federal Policy Documents on Critical Infrastructure Protection

Contributed by Lee Kim, Esq. 412.594.3915 The White House released two documents on February 12th related to critical infrastructure protection and cybersecurity: the Presidential Policy Directive #21 on Critical Infrastructure and Resilience (PPD-21) which replaces the Homeland Security Presidential Directive (HSPD-7) which previously served as the policy basis for the national critical infrastructure protection enterprise.  … Continue Reading

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