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Outlook 2017: ACA Repeal Dominates Health Policy Predictions

Posted in Affordable Care Act, Electronic Health Records, HIPAA and the HITECH Act, Legislation and Public Policy, Litigation, Privacy and Data Protection

Eric Fader was quoted in a January 4 article, “Outlook 2017: ACA Repeal Dominates Health Policy Predictions,” in Bloomberg BNA’s Health Insurance Report, Health IT Law & Industry Report, and other publications. In the article, Eric discussed how HIPAA enforcement by the U.S. Department of Health and Human Services’ Office for Civil Rights (OCR) is expected to expand into new areas in 2017.

The higher level of enforcement activity that we saw in 2016 should continue, and it’s also likely the Phase 2 HIPAA audits will spawn new areas of enforcement activity, Eric told Bloomberg BNA. Eric said that while Rep. Tom Price, the HHS secretary-nominee, is viewed as a friend to physicians, he doesn’t think that will extend to protecting HIPAA violators from sanctions.

“Although federal funding for certain health-care initiatives could be cut if the administration needs to allocate funds to pay for other priorities,” Eric added, “ramping up the number of OCR HIPAA enforcement actions to generate more multimillion dollar settlements might be seen as an easy way to bring money into the system.”

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