CMS Releases Final Rule for Promoting Interoperability Program

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The Centers for Medicare and Medicaid Services (CMS) recently released their Final Rule for the Promoting Interoperability Program formerly known as the Medicare and Medicaid Electronic Health Record Incentive Programs.

CMS had previously published a Proposed Rule and a request for feedback from the public related to improving interoperability and the sharing of electronic medical records between providers, and between providers and patients, which we covered in a May blog post. CMS has stated that the purpose of the Final Rule is to “advance the agency’s priority of creating a patient-centered health care system by achieving greater price transparency, interoperability, and significant burden reduction so that hospitals can operate with better flexibility and patients have what they need to be active healthcare consumers.”

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India Releases Draft Personal Data Protection Regulation

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India has released the much-anticipated first draft of the Personal Data Protection Bill, 2018, the country’s first comprehensive data protection regulation. The proposed bill is currently under review by India’s Ministry of Electronics and Information Technology and will likely be introduced in Parliament this year.

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FTC Opens Comment Period in Preparation for Competition and Consumer Protection in the 21st Century Hearings

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The Federal Trade Commission has opened up public comments for their upcoming Hearings on Competition and Consumer Protection in the 21st Century.

The hearings will take place during the fall and winter 2018 and will examine “whether broad-based changes in the economy, evolving business practices, new technologies, or international developments might require adjustments to competition and consumer protection enforcement law, enforcement priorities, and policy,” according to the FTC website. FTC Chairman Joe Simons said in a statement that the hearings are modeled after former Chairman Bob Pitofsky’s 1995 Global Competition and Innovation Hearings, which at the time “re-energized one of the FTC’s most valuable functions – to gather leaders in business, economics, law, and related disciplines to discuss tough, emerging problems and prepare public reports on the facts, issues, governing law, and the need, as appropriate, for change.”

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Business Associate Exposes Protected Health Information of 19,000 Patients

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An error made by a transcription service provider during a software upgrade on Orlando Orthopaedic Center (OOC)’s server in December 2017 has resulted in the exposure of more than 19,000 patients’ protected health information (PHI). PHI stored on OOC’s server from December 2017 until February 2018 – when the breach was finally discovered – was freely exposed over the internet without any authentication. Upon full investigation, patients’ names, social security numbers, dates of birth, insurance information, employer details, and treatment types were deemed accessible.

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NFA Proposes Enhanced Disclosure Requirements for Members Engaging in Virtual Currency Activities

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The virtual currency market continues to grow, and this growth has fueled increased attention from retail investors and financial regulators. Financial institutions active in the virtual currency market have seen a trend towards increased regulatory oversight and the latest development imposes new client disclosure requirements upon certain companies.

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FCC Moves Ahead with Connected Care Pilot Program Notice of Inquiry

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The Federal Communications Commission (FCC) announced its intention to launch a $100 million pilot program to provide greater access to health care for rural and low-income Americans, as well as veterans, through the use of telehealth last month. The FCC is now moving forward with a Notice of Inquiry (NOI), which will kick off a comment period on the proposed program.

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