In The News

Anne Sumpter Arney Talked about the Latest in HIPAA/HITECH Compliance at the Equal Justice University

Bone McAllester Norton attorney Anne Sumpter Arney participated in the Class of 2013 Equal Justice University on Wednesday, Oct. 9. Her presentation “HIPAA/HITECH Compliance” addressed what healthcare practices need to know about the latest developments in these two areas. She covered the basics of HIPAA and HITECH, how these two acts apply to clients, how they impact practices and new regulations on the horizon, as well as the Privacy and Security Rules. Attendees left with a summary of these changes and the knowledge of what is needed to ensure compliance.

Anne is the leader of the firm’s Healthcare Law attorneys and has a broad range of experience in assisting clients with their regulatory, operational, transactional and litigation matters.

 

Bone McAllester Norton PLLC is a full-service law firm with 36 attorneys and offices in Nashville and Sumner County, Tennessee. Our attorneys focus on 17 distinct practice areas, providing the wide range of legal services ordinarily required by established and growing businesses and entrepreneurs. Among our practices, we represent clients in business and capital formation, mergers and acquisitions, securities matters, commercial lending and creditors’ rights, commercial real estate and development, governmental regulatory matters, commercial litigation and dispute resolution, intellectual property strategy and enforcement, entertainment and environmental matters. Our client base reflects the firm’s deep understanding and coverage of today’s leading industry and business segments. For more information, visit www.bonelaw.com.

September 23 HIPAA Omnibus Final Rule Compliance Date Nears

By Anne Sumpter Arney

Earlier this year, the government published the final regulations (the “Final Rule”) implementing modifications of the rules under the Health Insurance Portability and Accountability Act (HIPAA) and provisions which were enacted in the Health Information Technology for Economic and Clinical Heath Act (HITECH). With the September 23 Final Rule compliance date looming, medical professionals and institutions need to ensure they understand the modifications to their HIPAA obligations and take all necessary steps to review and update their compliance. The following areas are among those that have been modified by the Final Rule: the definition of business associate; the required terms in the business associate agreement; a patient’s right to access his protected health information (PHI); a patient’s right to restrict disclosures of PHI; the rules governing security breach notifications; required information in the notice of privacy practices; the disclosure and use of PHI in marketing, sales or fundraising activities; and enforcement.

The Final Rule expands the definition of business associate. A business associate now also includes personal health record vendors, patient safety organizations and certain subcontractors of a business associate and others who maintain and store PHI. The Final Rule also requires some modification of business associate agreements to include additional obligations.

The Final Rule expands individual rights in several important ways. Patients can now request their medical records in electronic format, which must be produced electronically within 30 days, if the records are readily producible. There are also new rights for a patient to restrict certain disclosures of PHI to a health plan where the individual, a family member or other person pays out of pocket in full for the healthcare service or item. The Final Rule also changes how PHI can be used and disclosed for marketing and fundraising purposes and now explicitly prohibits the sale of PHI without an authorization.

The rules governing breach notification obligations have been amended. Under the Final Rule, any unauthorized access, use or disclosure is now presumed to be a breach unless the covered entity determines there is a low probability the PHI has been compromised. The standard used for risk assessment has been changed from a risk of harm to risk of compromise standard. There are four specific factors that must be considered in making the risk assessment. Further, the limited data set exception has been abolished by the Final Rule.

In the area of enforcement, the Final Rule increases penalties for noncompliance based on a tiered level of negligence for violations occurring after February 18, 2009. The maximum potential penalty is $1.5 million per violation.

The Notice of Privacy Practices must be updated to reflect the changes in the Final Rule, including those related to breach notification, disclosures and marketing of PHI.

Although several of the changes required by September 23 have been briefly summarized here, this is just an overview of the Final Rule and should not be relied upon except as a reminder to review and update your compliance obligations under HIPAA. For assistance in implementing these changes or for additional information on how these changes may affect your practice, please contact one of the attorneys in the Healthcare Practice Group at Bone McAllester Norton.

 

Law firm seeks help for our neighbors

Posted in Gallatin News

The responsibilities we all share as Americans and as good citizens within our respective communities are important.

As we approach the upcoming holiday season, we, as a law firm, are reminded of how fortunate we are to live and work in this great county. However, despite our county's excellent reputation as one of the state's foremost marketplaces, its wealth, and its acclaimed growth, we still have those within our community who are in need.

We have many who are out of work, who have families to feed, or who may be elderly and simply do not have the resources to adequately provide food for themselves or their families.

We believe we have a responsibility to help our neighbors, who perhaps have not been as fortunate as we. To answer these calls for help within our community our law firm is initiating a campaign to facilitate the replenishing of local food bank shelves.

In the coming weeks our law firm plans to make an all-out effort through a special awareness campaign to encourage our citizenry to join with us in making contributions of cans of food and other nonperishable items to area churches and charities.

We want to ask you to help us with this very special project. This effort is about serving our community and coming to the aid of our neighbors.

We are also reminded at this time of year of how fortunate we are to be citizens of this great country. In just a few days we each will have the opportunity to perform one of our civic duties when we are asked to go to the polls and vote on Tuesday, Nov. 6.

We each plan to vote as do the other attorneys in our office and members of our staff. If you haven't already voted, we encourage you to do so. To vote is one of the most sacred privileges afforded by our great democracy. And it's the right thing to do.

Please join us in serving our community and helping our neighbors by donating cans of food to local churches and charities. To us it's much like voting. It's the right thing to do.

This guest column was submitted by Susan R. High-McAuley, William (Bill) Wright, Marshall (Marty) Cook, George J. Phillips, Johnny Garrett, and Charles Bone of the law firm Bone McAllester Norton, Hendersonville.

Law firm seeks help for our neighbors

Posted in Gallatin News
The responsibilities we all share as Americans and as good citizens within our respective communities are important.

As we approach the upcoming holiday season, we, as a law firm, are reminded of how fortunate we are to live and work in this great county. However, despite our county's excellent reputation as one of the state's foremost marketplaces, its wealth, and its acclaimed growth, we still have those within our community who are in need.

We have many who are out of work, who have families to feed, or who may be elderly and simply do not have the resources to adequately provide food for themselves or their families.

We believe we have a responsibility to help our neighbors, who perhaps have not been as fortunate as we. To answer these calls for help within our community our law firm is initiating a campaign to facilitate the replenishing of local food bank shelves.

In the coming weeks our law firm plans to make an all-out effort through a special awareness campaign to encourage our citizenry to join with us in making contributions of cans of food and other nonperishable items to area churches and charities.

We want to ask you to help us with this very special project. This effort is about serving our community and coming to the aid of our neighbors.

We are also reminded at this time of year of how fortunate we are to be citizens of this great country. In just a few days we each will have the opportunity to perform one of our civic duties when we are asked to go to the polls and vote on Tuesday, Nov. 6.

We each plan to vote as do the other attorneys in our office and members of our staff. If you haven't already voted, we encourage you to do so. To vote is one of the most sacred privileges afforded by our great democracy. And it's the right thing to do.

Please join us in serving our community and helping our neighbors by donating cans of food to local churches and charities. To us it's much like voting. It's the right thing to do.

This guest column was submitted by Susan R. High-McAuley, William (Bill) Wright, Marshall (Marty) Cook, George J. Phillips, Johnny Garrett, and Charles Bone of the law firm Bone McAllester Norton, Hendersonville.

BMN Healthcare Practice Group Presents Panel Discussion about Life Stages of Estate and Tax Planning

The Nashville Academy of Medicine, Bone McAllester Norton and Regions Bank presented a panel discussion about The Life Stages of Estate and Tax Planning: What You Need to Know Before the End of 2012 on Tuesday, October 16, 2012 at 6:00pm at the University Club of Nashville.

 
 

Susan R. High-McAuley Appointed to Hendersonville Chamber Board

Bone McAllester Norton attorney Susan R. High-McAuley was recently appointed to the Board of Directors of the Hendersonville Chamber of Commerce as Legal Counsel. The Hendersonville Chamber of Commerce is an organization that strives to connect, support, promote, and advocate for businesses in the Hendersonville Area.

Bone McAllester Norton is thrilled to congratulate Susan on her new role in the community.

Susan R. High-McAuley Appointed to Hendersonville Chamber Board

Bone McAllester Norton attorney Susan R. High-McAuley was recently appointed to the Board of Directors of the Hendersonville Chamber of Commerce as Legal Counsel. The Hendersonville Chamber of Commerce is an organization that strives to connect, support, promote, and advocate for businesses in the Hendersonville Area.

Bone McAllester Norton is thrilled to congratulate Susan on her new role in the community.