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The HITECH Act And Health Care Attorneys
President Barack Obama executed The American Recovery and Reinvestment Act of 2009 (the “Stimulus Act”) on Feb. 17, 2009. Title XIII of the Stimulus Act, which is entitled, “The Health Information Technology for Economic and Clinical Health Act” (the “HITECH Act”), devotes significant resources to encouraging the use of electronic health records. A goal of the Act is the advancement of health information technology that will improve health care quality by reducing medical errors, health disparities, and health care costs that result from inefficiency. See the HITECH Act, ' 3001(b)(1-11). The Act's expansion of The Health Insurance Portability and Accountability Act's (HIPAA's) privacy regulations and its imposition of new restrictions and requirements are intended to protect patients against the increased risk of the unauthorized disclosure and use of the information that accompanies the electronic use of patient records.
The new legislation, while aimed at stimulating the economy and increasing patient safety, has another side that health law attorneys need to be aware of. In certain circumstances, the Act's provisions may apply to health care lawyers, who could find themselves subject to civil and criminal penalties if they fail to comply with its requirements.
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