HITECH Act and Meaningful Use
Cheryl Matthies
Allied Health Institutes
Occupational Safety, Law & Ethics 12 SPB- section5
May 23, 2012
Ms. Mocilan

* What is HITECH Act? * When was it implemented? * What does the term “meaningful use” mean in relation to HITECH Act? * What are some concerns about the HITECH Act and how it’s been implemented? * How does HITECH and similar legislature affect patients? * How does it affect those employed in the healthcare field?

HITECH stands for Health Information Technology for Economic and Clinical Health. As part of the American Recovery and Reinvestment Act of 2009, it became law February 17, 2009. Among other goals, it enhances and expands HIPPA’s privacy and security rules.
It not only makes privacy regulations stricter but it gives more power to the federal and state authorities to enforce privacy and security protections for patient data. The government has made switching to electronic health records (EHR) a priority and has increased privacy scrutiny to make sure the transition does not compromise patient privacy.
HITECH expands on HIPPA Privacy Rule and Security Rule to strengthen patient privacy in the following: * Increases HIPPA’s patient rights regarding control over their PHI * Limits use of PHI for marketing purposes * Mandates breach notification * Protects PHI from unauthorized use and disclosure by explicitly requiring business associates to implement comprehensive information security programs
The HITECH Act requires provider organizations to agree to individual requests to not disclose PHI to a health plan if 1-the disclosure to a health plan is for a payment or healthcare operations and not a treatment; 2-the PHI pertains solely to a healthcare item or service for which the provider has been paid for out of pocket. Meaningful use refers to a set of 15 criteria that medical practice providers must meet in order to prove they are using their EMR (electronic



Cited: http://healthit.hhs.gov https://www.cms.gov/Regulations-and-Guidance/Legislation/EHRIncentivePrograms/index.html?redirect=/EHRIncentivePrograms http://www.hhs.gov/ocr/privacy/hipaa/administrative/enforcementrule/hitechenforcementifr.html http://www.hhs.gov

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