Technology

[Guidance Overview] HHS's Proposed HITECH/HIPAA Privacy, Security and Enforcement Guidance
Excerpt:"HHS has requested comments on the proposed HITECH regulations on or before September 13, 2010. Once the final regulations are issued, HHS has indicated that covered entities will generally have 180 days to comply with the new rules. HHS also indicated that there would be no additional delay of the application of the regulations, once finalized, to small health plans."(McDermott Will&Emery)

[Guidance Overview] Proposed Modifications to HIPAA Privacy, Security, and Enforcement Rules According to HITECH Act (PDF)
3 pages. Excerpt:"The stated purpose of the proposed regulations is to implement statutory amendments under HITECH, to strengthen the protection and security of health information, and to improve the workability and effectiveness of the HIPAA Rules."(Paul, Hastings, Janofsky&Walker LLP)

[Guidance Overview] A Break Down of the Proposed Changes to HIPAA
Excerpt:"The proposed rule contains numerous changes to the HIPAA Privacy Rule; of those changes, CDT considers the [following four] to be the most consequential. 1.Business Associates 2.Enforcement 3.Marketing 4.Research"(Center for Democracy&Technology)

'Meaningful Use'of Electronic Health Records
Excerpt:"Starting in May 2011, the federal government will begin paying bonuses to doctors, clinicians, and hospitals that have adopted the use of electronic health records (EHRs). From now until 2016 individual doctors and other providers may earn up to $44,000 from Medicare or $63,750 from Medicaid, and hospitals can earn millions of dollars, if they can demonstrate they are making'meaningful use'of EHR systems."(Health Affairs)

DOL Answers More EFAST2 Questions for Form 5500 Filers
Excerpt:"DOL explains how filers can meet the requirement to submit separate attachments for actuarial information when the plan's actuary sends a single electronic file. Similar procedures apply if the accountant sends a single file combining the auditor's report with other financial information."(Mercer LLC)

Electronic Medical Records: Higher Costs Cited by Study
Excerpt:"Contradicting conventional IT wisdom, a team of researchers has found that implementing electronic medical records results in higher costs, more staffing and more medical complications."(The Fiscal Times)

HHS Withdraws HIPAA Security Rules
Excerpt:"The Department of Health and Human Services . . . has announced the withdrawal of its interim final regulations addressing security notification for breaches of information that involve protected health information . . . subject to [HIPAA]."(Wolters Kluwer)

[Opinion] Group Letter to HHS in Support of Health Information Technology and Quality Initiatives (PDF)
3 pages. (American Benefits Council)

One of Health Care's Remaining Frontiers: Health Information Exchange
Excerpt:"The 2009 stimulus bill will direct billions of dollars to doctors and hospitals that adopt health information technology, and more to set up health information exchanges that would attempt to take on this problem . . . ."(Henry J. Kaiser Family Foundation)

[Guidance Overview] HHS Proposed Rule Fine-Tunes HITECH and HIPAA Requirements (PDF)
8 pages. (BNA's Health Law Reporter via Morgan, Lewis&Bockius LLP)

[Guidance Overview] HHS's Notice of Proposed Rulemaking to Address the HITECH Act Amendments to HIPAA
Excerpt:"[F]or the time being, covered entities and business associates may want to take the opportunity to reexamine their compliance efforts and determine what, if anything, they might need to address if these regulations are adopted as proposed."(K&L Gates LLP)

Websites Help Patients Compare Prices for Health Care
Excerpt:"PriceDoc is one of several sites that give consumers the ability to shop for procedures ranging from a colonoscopy to teeth whitening. In some cases, the sites allow consumers to negotiate with providers."(USA TODAY)

eHealth Wins Contract to Help Run Federal Health Website
Excerpt:"The Obama administration awarded eHealth a $19.3 million contract to expand the new federal website, www.healthcare.gov, designed to help people shop for health coverage."(Henry J. Kaiser Family Foundation)

Hearing on Implementation of the Health Information Technology for Economic and Clinical Health Act
Held July 27, 2010. The target page provides links to witness testimonies. (U.S. House Committee on Energy and Commerce, Subcommittee on Health)

[Guidance Overview] HIPAA HITECH Regulations Proposed
Excerpt:"This alert summarizes the specific changes to the rules as well as the effective dates of those changes."(Seyfarth Shaw LLP)

[Guidance Overview] Proposed Modifications to HIPAA Privacy and Security Rules to Implement HITECH Act (PDF)
19 pages. Excerpt:"This White Paper addresses the following notable provisions of the Proposed Rule: Part 1: New privacy and security standards imposed on business associates and their subcontractors; Part 2: Restrictions on marketing involving protected health information; Part 3: Restrictions on the sale of PHI; Part 4: Revisions to the requirements for use and disclosure of PHI for research purposes; Part 5: Other significant revisions to the Privacy Rule; Part 6: Revisions to the Enforcement Rule."(McDermott Will&Emery)

Industry Still Making Sense of Federal E-Health Regs
Excerpt:"Health care industry players are still sorting out the latest regulations on an up-to-$36 billion federal program to encourage doctors and hospitals to use electronic medical records."(Henry J. Kaiser Family Foundation)

[Guidance Overview] Proposed Rule Implements HITECH Act and Amends HIPAA Rules (PDF)
5 pages. Excerpt:"As required by the HITECH Act, the rule would require the DHHS to conduct a compliance review when a preliminary review of the facts of a complaint indicates a possible violation due to willful neglect."(Dechert LLP)

[Guidance Overview] Final Rules Issued on Meaningful Use, IT Certification of Electronic Health Records
Excerpt:"Requirements for meaningful use incentive payments will be implemented over a multi-year period, phasing in additional requirements that will improve performance on information technology (IT) and quality objectives over time."(Wolters Kluwer)

[Guidance Overview] HITECH Requirements: HHS Proposes Amendments to HIPAA Regulations
Excerpt:"Although HITECH generally became effective on February 18, 2010, business associates and covered entities will have 180 days after the effective date of the final regulations to comply with their requirements. The preamble indicates this 180-day compliance rule is expected to apply to future modifications of the HIPAA rules as well."(Deloitte via BenefitsLink.com)

[Guidance Overview] Major Changes Looming for Business Associates and Subcontractors under Proposed HIPAA/HITECH Rules (PDF)
11 pages. Excerpt:"Notably, the Proposed Rule expands the definition of'business associates'and makes considerable changes to various provisions relating to the use and disclosure of protected health information (PHI) by covered entities and business associates."(Alston&Bird LLP)

[Guidance Overview] EFAST2 FAQs Address Registration Process for Electronic Credentials and PDF File Issues
Excerpt:"Among other FAQs not highlighted [in this document], one FAQ clarifies that EFAST2 users must only register for credentials one time, though credentials will expire if they are not used for three consecutive years (Q/A-15); another FAQ focuses on the difference between an EFAST2 password, User-ID, and electronic transmitter identification number (ETIN) . . . ."(Employee Benefits Institute of America)

[Guidance Overview] HITECH Act Proposed Rules Would Modify HIPAA Privacy, Security, and Enforcement Requirements
Excerpt:"EBIA Comment: There is a tremendous amount of detail contained in these proposed rules -- some of the modifications are not specifically under the HITECH Act but, according to HHS, are designed to'eliminate ambiguities in the rules and/or make them more workable and effective.'"(Employee Benefits Institute of America)

[Guidance Overview] EFAST2 Filing and Troubleshooting
Excerpt:"The plan accountant prepares the plan audit and saves it in PDF format. The accountant then transmits the audit to the employer and the Form 5500 preparer with password protection to prevent any changes. If the preparer attaches the audit to the filing, will the DOL be able to process the filing?"(Sungard Relius)

[Guidance Overview] HHS Final Rule on Meaningful Use of EHRs
Excerpt:"[The HHS has issued] the final rule specifying criteria for physicians and hospitals to receive incentive payments for demonstrating meaningful use of certified electronic health record (EHR) technology, including qualification, calculation of the incentive payment amount, and penalties for failure to adopt an EHR."(Nixon Peabody LLP)

Changes to HIPAA privacy, security and enforcement rules proposed
Excerpt:"Proposed changes to [HIPAA's] privacy, security and enforcement rules would clarify requirements created by the HITECH provisions of the 2009 stimulus package."(Mercer LLC)

[Official Guidance] Text of Proposed HHS Regs Implementing HIPAA Changes Under HITECH Act (PDF)
58 pages. (U.S. Department of Health&Human Services)

[Guidance Overview] Health Net to Pay $250,000 to Settle First-Ever State HIPAA Privacy Suit
Excerpt:"The Health Information Technology for Economic and Clinical Health (HITECH) Act of 2009 amended HIPAA to give state attorneys general the power to bring a civil action on behalf of state residents when the attorney general believes they have been victims of a HIPAA violation."(Thompson Publishing Group Inc.)

Proposed Rules Implementing Key HITECH Act Provisions to Be Published in Federal Register
Excerpt:"An advance copy of the proposed rules covering modifications to implement many of the statutory changes under the HITECH Act has just been released. [See http://www.ofr.gov/OFRUpload/OFRData/2010-16718_PI.pdf]"(Employee Benefits Institute of America)

HHS Opens'Web Portal'on July 1 to Provide Health Care Access Information
Excerpt:"[T]his is only stage one -- an October update is expected to add more information, including price estimates for private insurance plans."(Employee Benefits Institute of America)

Social Media Won't Work for Benefits Information, According to Survey
Excerpt:"[A]bout three-fourths of workers said they were not interested in receiving information via Facebook about their employer-sponsored health benefits, tips on improving their health or saving money on health care."(Business Insurance)

Meaningful Use for Health Plans: Five Things to Consider (PDF)
6 pages. Excerpt:"The need to use health information technology (HIT) to improve patient care, health care quality and clinical outcomes emerged as a matter of national policy with the passage of the American Recovery and Reinvestment Act (ARRA) in 2009."(Computer Sciences Corporation)

White House Proposes Plan to Protect Electronic Health Data, Other Information
Excerpt:"The plan, called the National Strategy for Trusted Identities in Cyberspace, calls for the creation of an'identity ecosystem'to protect electronic data, such as health and financial information."(California HealthCare Foundation)

New Website on Meeting Federal Requirements for'Meaningful Use'of Electronic Health Record Systems
Excerpt:"Under the 2009 federal economic stimulus package, health care providers who demonstrate meaningful use of EHRs will qualify for Medicare and Medicaid incentive payments . . . ."(California HealthCare Foundation)

Federal Benefits Payments Going Paperless by 2013
Excerpt:"The Treasury Department [is to announce that most government benefits payments will be made by direct deposit by 2013, the latest in a series of cost-cutting moves by the Obama administration. . . . eliminating about 136 million paper checks sent by the Social Security Administration, Department of Veterans Affairs, Railroad Retirement Board and Office of Personnel Management . . . ."(The Washington Post; free registration required)

[Guidance Overview] EFAST2: All Electronic Filing for Form 5500
Excerpt:"Plan sponsors should begin now to prepare to make annual disclosures via EFAST2 by familiarizing themselves with the new system, and by ensuring that all appropriate members of their organizations obtain electronic signature credentials."(McGuireWoods LLP)

Bringing Comparison Shopping to the Doctor's Office
Excerpt:"[T]here has been no easy way for consumers to shop for the best deal on a colonoscopy or blood test. A start-up financed by prominent venture capitalists and the Cleveland Clinic, Castlight Health, aims to change that by building a search engine for health care prices. Patients using Castlight could search for doctors that offer a service nearby and find out how much they will charge, depending on their insurance coverage."(The New York Times; free registration required)

Joint Commission Delays Telehealth Requirements for hospitals Until March 2011
Excerpt:"Prior to the announcement, Joint Commission-accredited hospitals were expected to implement by July 15 new elements of performance to conform to Medicare's credentialing and privileging requirements for telehealth services."(California HealthCare Foundation)

[Guidance Overview] DOL's New E-Signature Option for Filing Form 5500 Electronically
Excerpt:"For plan administrators, the new e-signature option may present a tradeoff between convenience and potential privacy concerns. While some plan administrators will welcome not having to obtain electronic credentials, others may be leery of having their manual signatures displayed on the Internet."(Employee Benefits Institute of America)

Workshifting Benefits: The Bottom Line (PDF)
23 pages. Excerpt:"The purpose of this paper is to quantify the benefits of workshifting -- specifically working from home -- has for employers, employees, and the community. Citrix Online coined the term'workshifting'to describe the growing trend to working from anywhere other than a traditional office through the use of web-based technology. The older and more traditional terms for this are teleworking or even telecommuting."(Telework Research Network)

[Opinion] Congressional Letter to PBGC Regarding Variable Rate Premium Issues (PDF)
2 pages. (United States Senate via American Benefits Council)

[Opinion] ERIC Urges Solution for PBGC'Box Check'Issue (PDF)
Excerpt:"We understand that PBGC has recently informed hundreds of plan administrators that they failed to correctly elect the alternative premium funding target in their 2009 PBGC comprehensive premium filing. In addition, plan administrators who believed they had correctly elected the alternative premium funding target for 2008 are only now being informed of the same alleged error in the filing for that year. In many cases this belated notification led to what the PBGC views as errors in 2009 filings that could have been avoided had those affected been timely informed of the 2008 errors."(The ERISA Industry Committee)

[Guidance Overview] HHS Issuance of Request for Information on HITECH Act Requirement for Accounting for Disclosures Through an Electronic Health Record
Excerpt:"The Office for Civil Rights of the U.S. Department of Health and Human Services published a Request for Information on the HITECH Act provisions that require HIPAA covered entities to account for disclosures of protected health information through an electronic health record for treatment, payment and health care operations purposes to facilitate its issuance of a proposed regulation implementing the HITECH provisions."(McDermott Will&Emery)

[Guidance Overview] DOL Has Announced a New Option for Filing Returns Under EFAST2
Excerpt:"The new option provides an alternative that may be particularly useful for employers which lack Internet access, or which do not wish to be bothered with electronic filing."(SunGard Relius)

[Official Guidance] EBSA Announces New E-Signature Option for Forms 5500 and 5500-SF Electronic Filing
Press release. Excerpt:"The additional e-signature option will be available in the government-sponsored IFILE application beginning May 13, 2010. Filers using EFAST2 approved software to complete and file the Form 5500 or Form 5500-SF should contact their software vendors for information regarding availability of this new e-signature option as part of their software."(U.S. Employee Benefits Security Administration)

[Official Guidance] Revised'Frequently Asked Questions'on the EFAST2 All-Electronic Filing System
Excerpt:"Q33a: I am a service provider that assists clients in managing the filing process. Can I electronically sign the annual return/report for my client?"(U.S. Employee Benefits Security Administration)

[Official Guidance] Revised FAQs on Electronic Filing for Small Businesses
Excerpt:"Q5: If I don't want to get EFAST2 credentials so that I can personally file my plan's Form 5500 or Form 5500-SF, is there any way that I can have a service provider complete and electronically file the Form 5500/5500-SF for me?"(U.S. Employee Benefits Security Administration)

DOL Grants ASPPA Requested Relief On EFAST2
Excerpt:"The relief provided will be extremely beneficial -- particularly to small employers who are challenged by the new mandatory electronic filing system."(American Society of Pension Professionals and Actuaries)

[Official Guidance] Revised Fact Sheet on EFAST2 Reflects New E-Signature Option Avoiding Need for Plan Sponsors to Obtain Signing Credentials
See text at'Electronic Signature Options'on the fact sheet. Excerpt:"[S]ervice providers that manage the filing process for plans can get their own EFAST2 signing credentials and submit the electronic Form 5500 or 5500-SF for the plan. The service provider must confirm that it has specific written authorization from the plan administrator to submit the plan's electronic filing. In addition, the plan administrator must . . . ."(U.S. Employee Benefits Security Administration)

The IRS EFAST2 Filing System Adds E-Signature Option
Excerpt:"A news release said service providers that manage the filing process for plans can get their own signing credentials and submit the electronic Form 5500 or 5500-SF for the plan. The service provider must confirm it has specific written authorization from the plan administrator to submit the plan's electronic filing and the administrator must manually sign a paper copy of the completed filing. The service provider must attach a PDF copy of the manually signed Form 5500 or 5500-SF as an attachment to the electronic filing submitted to EFAST2."(PLANSPONSOR.com)

Why Don't People Annuitize? The Role of Advice Provided by Retirement Planning Software
Excerpt:"This study investigates whether users of 25 free retirement planning programs available on the internet are advised to annuitize, in situations where it clearly would be advisable to do so. Our main conclusion is that the programs generally do not advise it, which contributes to other reasons why people do not annuitize."(Pension Research Council; registration required to download working papers)

HHS Requires Data for Its Web Portal from Insurers As Early As May 21, 2010
Excerpt:"The web portal must provide, at a minimum, information on eligibility, availability, premium rates, cost-sharing, and the percentage of total premium revenue expended on nonclinical costs with respect to these coverage options."(Employee Benefits Institute of America)

Implementing Health Reform: Web Portals and Retiree Reinsurance
Excerpt:"The [Early Retiree Reinsurance Program] is open both to sponsors that self-insure and those that are insured. It is available to state and local governments as well as to private employers and employee organizations."(Health Affairs)

Health Care Reform Insurance Web Portal Interim Final Rule (PDF)
3 pages. Excerpt:"Because of the short time frame for its implementation, HHS has decided to launch the web portal in phases. The first phase will be implemented on July 1. The second phase will be implemented in October 2010. HHS plans annual and periodic updates to the web portal after the initial implementation and intends the web portal to evolve with time."(Groom Law Group)

[Opinion] ERIC, Chamber and PSCA Advise DOL to Not Regulate'Generally Accepted Investment Theories'(PDF)
5 pages. Excerpt:"The concept that the Department might prescribe specific parameters on what constitute a generally accepted investment theory is inconsistent with the statute and the Department's longstandingpositions on the operation of a retirement plan in compliance with ERISA's fiduciary requirements. Section 408(g)(3)(B)(i) requires the computer model to use generally accepted investment theories. The statute, wisely, does not define this term."(The ERISA Industry Committee)

[Official Guidance] HHS Announces Upcoming Educational Website on Health Care Reform, Describes Data Needed (PDF)
Excerpt:"The Patient Protection and Affordable Care Act . . . requires the establishment of an internet Web site . . . through which individuals and small businesses can obtain information about the insurance coverage options that may be available to them in their State. . . . This interim final rule adopts the categories of information that will be collected and displayed as Web portal content, and the data we will require from issuers and request from States, associations, and high risk pools in order to create this content."(U.S. Department of Health&Human Services)

How Genetic Testing May Spot Disease Risk
Excerpt:"The tests, now taking off at a number of leading research hospitals, remain controversial amid debate over whether the information they yield will lead to improved outcomes and justify the additional cost."(Wall Street Journal)

[Guidance Overview] HHS Requests for Information About Health Privacy Disclosures Under HITECH Act Changes to HIPAA Privacy Rule (PDF)
3 pages, in Federal Register. Excerpt:"[T]he Health Information Technology for Ecnomic and Clinical Health (HITECH) Act expands an individual's right [HIPAA] to receive an accounting of disclosures of protected health information made by HIPAA covered entities and their business associates. In particular, [it] requires [HHS] to revise the HIPAA Privacy Rule to require covered entities to account for disclosures of protected health information to carry out treatment, payment, and health care operations if such disclosures are through an electronic health record. This document is a request for information (RFI) to help us better understand the interests of individuals with respect to learning of such disclosures, the administrative burden on covered entities and business associates of accounting for such disclosures, and other information that may inform [HHS'] rulemaking in this area."(Office for Civil Rights, U.S. Department of Health and Human Services)

Chart of DOL's 2010 Regulatory Agenda for Employee Benefit Matters (PDF)
3 pages. Excerpt:"DOL's agenda and related materials include 20 pending projects related to employee benefits, which are listed below in order of the projected timetable for next steps. (In the ordinary course, dates projected in the agenda may prove ambitious.) New projects highlighted by DOL are shown in bold."(Sutherland)

[Opinion] ASPPA Request for Extension for Filing 2009 Form 5500 Series Reports
Excerpt:"ASPPA recommends that the Agencies provide a blanket extension of the filing date for Forms 5500, 5500-SF and Form 5500-EZ for 2009 plan years, and make the filing requirement for Form 8955-SSA optional for 2009 plan years."(American Society of Pension Professionals&Actuaries)