Title

Strengthened Privacy Protection for Health Information Under the 2009 HITECH Act

Document Type

Article

Publication Date

2009

Publication Title

Business Law Review

Abstract

The economic stimulus legislation passed by Congress in February 2009, known as the American Recovery & Reinvestment Act of 2009 or “ARRA,”1 included funding for computerization of health records as a way of improving the efficiency of the health care system and providing business for the information technology sector of the economy. The electronic health records provisions were included in a portion of ARRA known as the Health Information Technology for Economic and Clinical Health Act or “HITECH Act.”2 In addition to providing approximately $20 billion in funding, Congress included provisions in the HITECH Act which strengthen privacy protection for health information in existing federal regulations adopted in 2003 pursuant to the Health Insurance Portability and Accountability Act of 1996 or “HIPAA”.3

Comments

Copyright 2009 North Atlantic Regional Business Law Association

1 American Recovery & Reinvestment Act of 2009, Pub. L. No. 111-5, 123 Stat. 115 (2009)

2 American Recovery & Reinvestment Act of 2009, Pub. L. No. 111-5, 123 Stat. 115, §§ 13001 - 13424 (2009). Sections 13001 – 13424 are known as the Health Information Technology for Economic and Clinical Health Act [hereinafter HITECH Act]

3 Privacy of Individually Identifiable Health Information, 45 C.F.R. §§ 164.102 – 164.534 (2007), [hereinafter HIPAA Privacy Rules]. The rules were adopted pursuant to the Health Insurance Portability and Accountability Act of 1996, Public Law 104-191, 110 Stat. 1936 (1996) [hereinafter HIPAA].

Share

COinS