What is the Health Information Technology for Economic and Clinical Health (HITECH) Act?
The Health Information Technology for Economic and Clinical Health (HITECH) Act is a federal law passed in 2009 to promote the adoption and meaningful use of electronic medical records in the United States. The HITECH Act also includes important data security provisions, including the creation of the Office for Civil Rights (OCR) within the Department of Health and Human Services (HHS) to oversee enforcement of the Health Insurance Portability and Accountability Act (HIPPA). Under the HITECH Act, HIPPA covered entities, such as health care providers, are required to take steps to protect electronic health information from unauthorized access, use, and disclosure. In addition, the HITECH Act allows OCR to impose civil and criminal penalties on HIPPA covered entities for failure to comply with their security obligations. New York State has adopted the HIPPA Privacy Rule and HITECH Act, which requires health care providers in the State to provide more detailed notifications in the event of a breach of protected health information. In addition, New York State has its own privacy laws, such as the Health Information Security and Transparency Act (HISTA), which applies to certain health care providers and health plans. The HISTA requires health care providers and plans to have policies and procedures in place to protect the privacy and security of health information.
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