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Key Developments
The Office of the National Coordinator for Health Information Technology (ONC) released their "Guide to Getting & Using Your Health Records," steps, tips, and tools consumers need to get, check, and use their health records. The resource supports the 21st Century Cures Act goal to empower patients, and also the administration's MyHealthEData Initiative. To read the guide, click here.

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Key Developments
On March 6, 2018, Seema Verma, Administrator for the Centers for Medicare & Medicaid Services (CMS), announced a new CMS initiative: MyHealthEData. That initiative hopes to empower patients by allowing for greater control over their healthcare data while maintaining security. To read the CMS Fact Sheet for MyHealthEData, click here. 

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Key Developments
On February 27, 2018, the Bipartisan Policy Center (BPC) released its report: The Future Role of Government in Health Information Technology and Digital Health. The report was generated after Health IT Now and BPC convened a work group of key stakeholders, including clinicians, patients, hospitals, and technology companies. After assessing the current regulatory environment, the report outlines key recommendations for the federal government to allow for flexibility in innovation while protecting consumers. 

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SAMHSA Issues Final 42 CFR Part 2 Rule

Key Developments
The Department of Health and Human Services (HHS) through the Substance Abuse and Mental Health Services Administration (SAMHSA) finalized proposed changes to the the Confidentiality of Alcohol and Drug Abuse Patient Records (now the Confidentiality of Substance Use Disorder Patient Records) regulation, 42 CFR Part 2 (Part 2), on January 18, 2017. The updated Part 2 regulation, published in the Federal Register on January 24, 2017 (with an original effective date of February 17, 2017, later delayed to March 21, 2017) allows patients to provide...

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Key Developments
The Government Accountability Office (GAO) published a report listing the continued challenges for patients accessing their health information. The report found that since 2009, the Department of Health and Human Services (HHS) invested over $35 billion in health information technology, but that relatively few patients participating in the 2015 Medicare Electronic Health Record (EHR) Program electronically accessed their information. The report also found that HHS lacks information on the effectiveness of their efforts to invest in health...

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Briefs
The 21st Century Cures Act (H.R. 34) was signed into law on December 13, 2016. The Act includes provisions for funding the National Institutes of Health (NIH), allocates money for state grants to address opioid abuse and addiction, creates new pathways for prescription drug approval through the Food and Drug Administration (FDA), and more. The Act also expands the federal government’s involvement in health information exchange and health information technology. To read summaries of those provisions relevant to health information that may...

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Briefs
Health Information and the Law contributors Lara Cartwright-Smith, Elizabeth Gray, and Jane Hyatt Thorpe published Health Information Ownership: Legal Theories and Policy Implications in the Winter 2016 issue of The Vanderbilt Journal of Entertainment and Technology Law (Vanderbilt University School of Law). The article explores the characteristics of health information and the ownership of health information that make it subject to federal and state laws. To read the article, please see the PDF below or access the full...

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Key Developments
The Office of the National Coordinator for Health Information Technology (ONC) has submitted the "2016 Report to Congress on Health IT Progress: Examining the HITECH Era and the Future of Health IT" to the US Senate and the US House of Representatives. In the report, ONC highlights the expanded access to electronic health records (EHR) for health care providers since the passage of the HITECH Act. ONC also explains future goals towards achieving an interoperable health system. The report can be found on ONC's website, or by clicking here.

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Key Developments
The Office of the National Coordinator for Health IT (ONC) finalized the rule "ONC Health IT Certification Program: Enhanced Oversight and Accountability." The rule will give ONC the power to decertify health IT products that do not comply with current standard and gives ONC greater oversight in the certification of health IT products. The unpublished rule may be found here. The rule is scheduled to be published on October 19, 2016. 

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Key Developments
On July 19, 2016, the Office of the National Coordinator for Health Information Technology (ONC) issued a report to Congress titled Examining Oversight of the Privacy & Security of Health Data Collected by Entities Not Regulated by HIPAA. The report was written in collaboration with the Office for Civil Rights (OCR) and the US Federal Trade Commission (FTC). It addresses the lack of guidance around health information that is used by health entities not currently covered by the Health Insurance Portability and Accountability Act (...

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