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ARRA’s New Privacy and Security Requirements

I was all set to write an article Monday morning on the expanded privacy and security requirements in the American Recovery & Reinvestment Act of 2009 (ARRA) when I remembered that I was registered for a webinar presented by FairWarning (a privacy surveillance company) Monday afternoon on just that subject. I am really glad I waited to write, because this webinar provided a wealth of information on the new requirements. [By the way, you will also see this section of ARRA (Title XIII) referred to as the Health Information Technology for Economic and Clinical Health (HITECH) Act. Subtitle D contains the Privacy provisions.]

Many people and organizations have opined that EHRs will not take hold in general medical settings or in behavioral healthcare until consumers and providers trust that the EHR products and the means of transferring data are truly secure and protect the privacy of the patient. Webinar presenter Deven McGraw, of the Center for Democracy & Technology, most articulately presented the aspects of ARRA that will increase the privacy and security requirements that healthcare providers must follow. She indicated changes in four broad areas including substantive modifications to HIPAA statutory requirements, increased enforcement of HIPAA, provisions to address health information held by entitites not covered by HIPAA, and a variety of administrative changes.

The new law incorporates and expands upon the HIPAA requirements.

brief summary of these changes written by the American Psychological Association was published by Behavioral Healthcare magazine in February.

Perhaps the most important thing behavioral health providers need to realize is that the move toward mental health EHRs is happening. How exactly those records will interface with the rest of the National Health Information Network and exactly what information will be shared with other healthcare providers remains to be seen, but this endeavor is irrevocably marching forward. Where will you be in this process?

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