IS THIS BILL A VIOLATION OF HIPAA LAWS?
Not familiar enough to say. What do you think is the HIPAA provision that is going to get bumped aside?
The Privacy and Security Rules apply only to covered entities. Individuals, organizations, and agencies that meet the definition of a covered entity under HIPAA must comply with the Rules’ requirements to protect the privacy and security of health information and must provide individuals with certain rights with respect to their health information. If an entity is not a covered entity, it does not have to comply with the Privacy Rule or the Security Rule.
A Covered Entity is one of the following:
A Health Care Provider A Health Plan A Health Care Clearinghouse
This includes providers such as:
•Doctors
•Clinics
•Psychologists
•Dentists
•Chiropractors
•Nursing Homes
•Pharmacies
...but only if they transmit any information in an electronic form in connection with a transaction for which HHS has adopted a standard.
This includes:
•Health insurance companies
•HMOs
•Company health plans
•Government programs that pay for health care, such as Medicare, Medicaid, and the military and veterans health care programs
This includes entities that process nonstandard health information they receive from another entity into a standard (i.e., standard electronic format or data content),
“IS THIS BILL A VIOLATION OF HIPAA LAWS?”
HIPAA is an abonomination and should be outlawed.