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On January 17, 2013, U.S. Department of Health and Human
Services Secretary Kathleen Sebelius announced the final omnibus
rule that among other things (1) increases patient privacy
protections; (2) provides individuals with new rights to receive a
copy of their electronic medical record in an electronic form;
and (3) provides individuals with the right to instruct their
provider not to share their information about their treatment with
their health plan when they pay in cash. The new rule
formally expands patient privacy and security requirements to
business associates, contractors and subcontractors. The rule
also strengthens the government's ability to enforce the law
with increased penalties for noncompliance based on the level of
negligence. Penalties are increased up to a maximum penalty
of $1.5 million per violation.
In announcing the new patient privacy protections, HHS Secretary
Sebelius recognized that "Much has changed in health care
since HIPAA was enacted over fifteen years ago." "The new
rule will help protect patient privacy and safeguard patients'
health information in an ever expanding digital age."
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