I am trying to write a 10 page research paper that will answer the
following question:      Does HIPAA's (Health Insurance Portability
and Accountability Act 1996) Administrative Simplification regulation
have the ability to enforce security and privacy of health data?
I have a lot - whole bunch - of general information but can't seem to
find material to support answering the question - either pro or con. 
I am running out of time to complete in next 2 weeks.

Hi sofldavcar-ga,

I see what you mean. There is a lot of information, but it seems to
dance around the question of what exactly will happen to those who
don't comply.

This article may help
Enforcing HIPAA Administrative Simplification:
Dispassionate Enforcement or Compassionate Prosecution?
http://www.ehcca.com/presentations/hipaaaudio20020606/goldberg.pdf
It gives the relevant sections of the law and discusses the penalties
in easy to understand language.

If you don't have this site already - check it out...
http://www.hipaa.org/

A press release that addresses the issue:
"Federal law requires most health plans, clearing houses, and those
providers that conduct certain transactions electronically to be
compliant with the HIPAA transactions standards by Oct. 16, 2002,
unless they file on or before Oct. 15 for a one-year extension. Those
who are not compliant and have not filed for the extension may be
subject to statutory penalties. (The law gives certain small health
plans until Oct. 16, 2003 to comply).

Enforcement activities will focus on obtaining voluntary compliance
through technical assistance. The process will be primarily complaint
driven and will consist of progressive steps that will provide
opportunities to demonstrate compliance or submit a corrective action
plan."
http://www.hhs.gov/news/press/2002pres/20021015a.html

CMS Names Head of HIPAA Enforcement
http://www.njha.com/hipaa_section/hipaa.news.asp#71

Office for Civil Rights
Statement of Delegation of Authority
http://www.hhs.gov/ocr/fedreg.html

Basically it seems that the process will be complaint driven - fines
and action will be the result of noncompliance.

search terms:HIPAA enforcement

Hope this gives you enough information to finish the paper!

bcguide-ga

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