H. Carol Saul, Limiting Law Firm Exposure to HITECH Act Liability: Do You Know Where Your Client’s Protected Health Information Is?, Georgia Bar Journal 24 (April 2010)

Conclusion of the Article:

Although the overarching purpose of the HITECH Act [Health Information Technology for Economic and Clinical Health Act of 2010] is to provide a path for the federal government to achieve its goal of establishing widespread use of electronic health records by 2014, the HITECH Act’s reach extends more broadly than just health care entities and electronic health records companies. The obligations, restrictions and potential liability imposed on lawyer-business associates under the HITECH Act are significant. Lawyers should note these requirements now and undertake the substantial burden of compliance. At least lawyers can now tell their covered entity clients that they truly ‘feel their pain.'”

The full text is available at http://www.gabar.org…

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