News from NATE! – April 7, 2016

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FTC logoNew FTC Tool Helps App Developers Identify Applicable Laws

Did you know that most healthcare apps are not subject to HIPAA? And yet…some are. But which is which? One of the most complicated parts of developing a new healthcare app can be understanding which laws apply to you – and which do not. Fortunately, the Federal Trade Commission (FTC) has created a new web-based tool for developers of health-related apps, designed to help developers understand what federal laws and regulations might apply to them. The FTC developed the tool in conjunction with the Office of National Coordinator for Health IT (ONC), Office for Civil Rights (OCR) and the Food and Drug Administration (FDA).

The guidance tool asks a series of high-level questions about the nature of the app, including its function, the data it collects, and the services it provides to users. Based on the answers to those questions, the guidance will point you toward detailed information about certain federal laws that might apply to the app. These include the FTC Act, the FTC’s Health Breach Notification Rule, HIPAA and the FD&C Act.

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ONC Revisits Model Privacy Notice

The Office of the National Coordinator for Health IT (ONC) has reopened discussions on its Model Privacy Notice (MPN), first developed for use by personal health record (PHR) applications in 2011.  Since the development of the MPN, the consumer health technology landscape has greatly evolved.  More consumers are now able to electronically access their health information than ever before, and many of these new apps are not subject to HIPAA privacy requirements.  ONC is considering creating a new version of the MPN that would expand its scope beyond PHR companies and include more types of information practices.  According to ONC, “A modernized MPN would serve as a voluntary resource for health technology developers who want to give notice of their information practices to their users in an understandable way.”

NATE encourages all stakeholders, especially consumer-facing app (CFA) developers, to take a look at the recently released Request for Information and share your feedback.  Comments are due by Friday, April 15.

MyHealthID no dates imageJoin NATE in supporting AHIMA’s MyHealthID campaign to remove the ban on voluntary patient safety identifiers as a solution to patient matching.

How You Can Help:

  • Sign this petition to the White House:

Accurate patient identification is critical to providing safe care. We support a voluntary patient safety identifier and petition for the removal of the federal legislative ban that currently prohibits the US Department of Health and Human Services from participating in efforts to find a patient identification solution. Sharing of electronic health information is being compromised because of patient identification issues. Let’s start the conversation and find a solution.

The petition will be open at https://petitions.whitehouse.gov/petitions March 20 through April 19. Over 30 days, we will need to collect at least 100,000 signatures to move these efforts forward. 

  • Make a “There’s Only One Me” video and post it on social media, with a link to http://www.ahima.org/myhealthid. Check out this great video from NATE Board member Sharon Wentz:Wentz Theres only one me video image

NATE is proud to co-sponsor these upcoming events…

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The Demand for Secure Interoperable Health Information Exchange: Options and Opportunities 2016

Pre-Conference Workshop Co-Hosted By

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April 10, 2016 | Marriott Wardman Park in Washington, DC

** Discounts available for NATE members. Contact Meryt McGindley for details. **

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Discuss the Hottest APIs in Health!

In Partnership with  NATE logo no words & HDP-2016-250

May 7, 2016 | Washington, DC

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State Medical Record Access Requirements Compared to HIPAA
from Health Information & the Law Project

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Health Information Exchange Resources in Every State

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Contact email: meryt.mcgindley@nate-trust.org
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