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Stimulus bill expansion of HIPAA

The HIPAA blog has been doing a series on Congress's expansion (in the stimulus bill) of the already impressively overgrown health-privacy law, HIPAA.
The bill extends direct HIPAA regulation to "business associates" that do not treat patients directly but work with health providers; It creates a new "hide" rule "that lets the public cheat their insurance companies by hiding their real health condition" by requiring doctors to heed the wish of cash-paying patients that the doctor not share information from the visit with their insurer. It adds new rules requiring that patients be notified of various data breaches, and that larger such breaches be reported to "prominent local media" as well. Enforcement is stepped up with higher penalties, criminal liability for employees and not just "covered entities", new liability for "willful neglect" of privacy hazards, and, perhaps most important, state attorney general authority to enforce the law, in tandem or not with private-lawyer pals working for a share of the spoils.

The series can be found here, here, here, here, here, here, and here.

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Rafael Mangual
Project Manager,
Legal Policy

Manhattan Institute


Published by the Manhattan Institute

The Manhattan Insitute's Center for Legal Policy.