Coping with, and Taking Advantage of, HIPAA's New Rules


Fri Apr 19, 2013


Deven McGraw
Center for Democracy & Technology







In January, the U.S. Department of Health and Human Services released final regulations to implement the changes to the HIPAA Privacy and Security Rules mandated by Congress in both the HITECH Act and GINA (Genetic Information Nondiscrimination Act). In this webinar, I will summarize the major provisions of the rule, focusing in particular on those provisions most relevant to researchers (for example, the prohibitions on the sale of PHI (without patient authorization) for research purposes and the relaxation of HIPAA rules regarding compound authorizations and obtaining authorization for future research uses). We will also cover other key provisions, including the new standard for breach notification, clarification on who is (and who is not) a business associate (and covered entity liability for business associates), and changes to HIPAA's patient rights provisions.



Deven McGraw is the Director of the Health Privacy Project at CDT, where she focuses on developing and promoting workable privacy and security protections for electronic personal health information. Ms. McGraw is active in efforts to advance the adoption of health information technology and electronic health information exchange to improve individual and population health. She was appointed by HHS Secretary Kathleen Sebelius to serve on the Health Information Technology Policy Committee and chairs its Privacy and Security Workgroup (the Tiger Team). She has testified on health privacy and security issues before Congress six times since 2008. Prior to joining CDT, Ms. McGraw was the Chief Operating Officer of the National Partnership for Women & Families, providing strategic direction and oversight for the organization’s core program areas, including promotion of initiatives to improve health care quality. Ms. McGraw also was an associate in the public policy group at Patton Boggs, LLP and in the health care group at Ropes & Gray. She also served as Deputy Legal Counsel to the Governor of Massachusetts.Press, 2010); and Alter, Dribe, and Poppel, “Widowhood, Family Size, and Post-Reproductive Mortality: A Comparative Analysis of Three Populations in Nineteenth Century Europe,” Demography (2007).



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