Salem Health Law Attorney Paul E. Levenson 
In addition to the professional rules that govern the operations of your practice or your facility, the onset of the HIPAA Privacy and Security Rules intensified state and federal efforts to protect patients' health information from unlawful access, use and identity theft.
As we move further into replacing paper records with electronic systems that maintain and transmit patient health information, the trend toward additional regulation, backed by stiff penalties is likely to continue and possibly to accelerate.
For example, the "HITECH ACT" adopted in February 2009 as part of the Stimulus Bill has dramatically rewritten HIPPA requirements, and shifted the basis from regulations issued by federal agencies to statutes passed by the Congress and signed into law by the President. This change alone promises a more intense national effort to control the handling of patient health information that now extends beyond health care providers to organizations that serve as Business Associates.
In addition to the HITECH ACT, there are on-going concerns arising out of the FTC's "Red Flag" Rules, Stark, Antitrust, (particularly joint venture clinical and/or financial integration), Anti-Kickback, mandated employee training, False Claims, Medicare, Medicaid, Private Health Insurance Plans, PBMs, responsible corporate governance, and the list goes on.
Attention to the rights and obligations of both employers and employees is at "center stage" in this economy. In Health Care facilities and Provider practices a high level of care is needed when hiring where the position has access to confidential records or controlled substances. Conversely, dismissals must be handled in full compliance with the employer's own personnel policies and procedures as well as both state and federal law.
In any health care setting, it is very important that everyone with access to patient health information be aware of the multiple rules governing the use and disclosure of that data. Violations resulting from lack of knowledge or from negligence (not to mention intentional misconduct) can be costly and damaging. In my health care practice, I have provided effective awareness training. It can be made available in person or in print or both.
My professional goal is to enable my clients to deliver their health care services to their patients while staying on the safe side of the state and federal statutes and regulations that are increasingly impacting the delivery of health care at all levels.
My approach is to remain in frequent contact with my clients in order to be pro-active by helping to establish practical, compliant policies and procedures, and by measuring their effectiveness in light of changing circumstances.
Contact my office today to discuss your health law compliance with an experienced and caring lawyer.
Paul E. Levenson, Esquire
14 Lynde Street
Salem, MA 01970
Telephone: 978-741-7460 | Fax: 978-741-7436
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