Health Law Monitor

CMS Issues Options for Providers to Comply with EMTALA in Anticipation of H1N1

In anticipation of a possible H1N1 virus outbreak this flu season, CMS has released guidance concerning EMTALA requirements during disasters and pandemics.  CMS has outlined compliance options that are permissible under EMTALA and that grant providers with flexibility to handle extraordinary increases in emergency department visits.  The options include setting up alternative screening sites on the hospital campus, off-campus screening at hospital-controlled sites, and community screening clinics at sites not under hospital control.  To read more click here.

HHS and FTC Issue Final Breach Notification Rules

To better protect the privacy of personal health information, the Department of Health and Human Services (HHS) and the Federal Trade Commission (FTC) have published new rules implementing the HITECH breach notification requirements.  Healthcare providers and other covered entities regulated under HIPAA will be required to provide notice to individuals, HHS, and, potentially, the media when unsecured protected health information is breached.  These new rules extend the notification requirements to business associates and vendors of electronic health records, while strengthening the requirements for covered entities.  The notification requirements apply to any breach on or after September 23, 2009.  For more information about these requirements, click here.