AHLA The Law of Health Information Technology, First Edition (AHLA Members)

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The Law of Health Information Technology provides a road map to health information technology (HIT) and its challenges. The ever-evolving world of HIT requires a new way of planning for subjects as disparate as delivery of healthcare, retention of records for standard business reasons, and preparation for litigation. Successful IT projects necessitate coordination between four critical constituencies: medical, business, technical, and legal. This comprehensive Practice Guide delineates many of the considerations that health systems and other providers face today, and offers detailed guidance on complying with laws and regulations concerning privacy, security, copyright infringement, as well as marketing and advertising rules.

Highlights include:

• Guidance on how to avoid the pitfalls of negotiating for new technology systems;
• Common sources for IT project failures, with insightful guidance on how to anticipate and avoid them;
• A review of the evolution and current state of privacy laws and regulations as they pertain to health information, and proposed enforcement initiatives;
• In-depth discussion of HIPAA, HITECH, and Red Flag Rules, as well as their impact on the healthcare arena;
• Recent initiatives and incentives concerning adoption of electronic records, and the resulting fraud and abuse concerns;
• The effect of HIT on telemedicine, electronic discovery, and the rules that govern the internet and social media;
• Numerous exhibits such as a sample business associate agreement, an electronic communications policy, and others; and
• A searchable CD-ROM containing the full text of the Practice Guide with valuable forms in MS Word format.

About the Author

Gary L. Kaplan, Esq.,
is a member of the Health Care Practice Group of Thorp, Reed & Armstrong in Pittsburgh. He has more than 25 years’ experience as a business counselor and litigator for clients in healthcare and other industries. In addition to healthcare law, Mr. Kaplan has substantial experience in matters involving information technology, technology transfer, antitrust, and dispute resolution, and he has written and taught extensively on those subjects. Mr. Kaplan is graduate of Yale University (B.A. 1980) (Summa Cum Laude, Distinction in Economics) and The University of Chicago Law School (J.D. 1983).

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Authors / Contributors

Table of Contents

Table of Contents



About the Author

Preface



1 - Introduction to Health Information Technology

2 - The Persistence of Failed Technology Projects

3 - HIT Project Management

4 - Negotiating Technology Agreements

5 - Privacy

6 - Electronic Records

7 - Telemedicine and Telehealth

8 - Electronic Discovery

9 - Law and the Internet



Appendices: Additional Resources

Index