The Senate Judiciary Subcommittee on Privacy, Technology, and Law recently held a hearing to discuss federal enforcement of the Health Insurance Portability and Accountability Act (HIPAA) and the Health Information Technology for Economic and Clinical Health (HITECH) Act, entitled “Your Health and Your Privacy: Protecting Health Information in a Digital World.” In that hearing, Subcommittee Chairman Al Franken (D-MN) told officials from the Department of Health and Human Services (HHS) and the Department of Justice (DOJ) that “the overall record of [HIPAA] enforcement is simply not satisfactory,” and asked why so few HIPAA complaints are actually prosecuted. Franken and other panelists also emphasized the need for a final rule to implement the HITECH Act’s amendments to the HIPAA Privacy and Security Rules.
Franken’s opening statement outlined the benefits of electronic health records, but emphasized that “we need to do more to protect this data and that is what this hearing is all about.”
The first panel included U.S. Attorney Loretta Lynch, who also serves on the Health Care Fraud Working Group of the Attorney General’s Advisory Committee, and Leon Rodriguez, Director of the HHS Office for Civil Rights (OCR). Both officials underscored their agencies’ commitment to enforcing medical privacy laws through HIPAA’s Privacy and Security Rules and the new HITECH Act. Lynch testified about recent DOJ efforts to enforce HIPAA’s criminal provisions, while Rodriguez cited OCR cases against Massachusetts General Hospital and CVS/Rite Aid that led to substantial fines.Continue Reading Senate Hearings Focus on Lack of HIPAA Enforcement, Final HITECH Rule