Interesting. Of course, the Executive Branch cannot implement regulations that go beyond the authority granted to them by the Legislative Branch, and must also conform to the laws established by the Judicial Branch (common law system, after all), subject to the Constitution.
Quick look at the linked document specifically states that it applies to "covered entities" (which I wrote as "covered persons" but it's the same thing). It also mentions additional regulations that go beyond that. If they can be used to our advantage, that's great. Whether or not they are actually lawful (if they go beyond the statute that grants the authority to create the regulation) is another question.
I will check it out when I get a chance.
PS: First glace tells me (a) this series of regulations are specifically to enforce the HIPAA statute and for no other purpose (makes sense), (b) establishes regulations that are legally enforceable as it relates to "covered entities" (also makes sense, since those are the persons Congress has aimed this part of HIPAA at), and (c) STANDARDS (not regulations, i.e. not the force of law) that are recommended for other persons (also makes sense, since these other persons would NOT be subject to HIPAA -- but again, if it works in our favor to cite it, I'm cool with that).
https://www.hhs.gov/sites/default/files/privacysummary.pdf
PPS: I will read through that document when I have some time. But since you are the one who brought it up, I am wondering if you have read it and understand it, or if you are just assuming it must say something that is relevant to this discussion. Can you cite the specific clause(s) that are relevant to this thread? thx
PPPS: There is this little gem, which appears to confirm my position:
The Privacy Rule, as well as all the Administrative Simplification rules, apply to health plans, health care clearinghouses, and to any health care provider who transmits health information in electronic form in connection with transactions for which the Secretary of HHS has adopted standards under HIPAA (the “covered entities”).
Interesting. Of course, the Executive Branch cannot implement regulations that go beyond the authority granted to them by the Legislative Branch, and must also conform to the laws established by the Judicial Branch (common law system, after all).
Quick look at the linked document specifically states that it applies to "covered entities" (which I wrote as "covered persons" but it's the same thing). It also mentions additional regulations that go beyond that. If they can be used to our advantage, that's great. Whether or not they are actually lawful (if they go beyond the statute that grants the authority to create the regulation) is another question.
I will check it out when I get a chance.
PS: First glace tells me (a) this series of regulations are specifically to enforce the HIPAA statute and for no other purpose (makes sense), (b) establishes regulations that are legally enforceable as it relates to "covered entities" (also makes sense, since those are the persons Congress has aimed this part of HIPAA at), and (c) STANDARDS (not regulations, i.e. not the force of law) that are recommended for other persons (also makes sense, since these other persons would NOT be subject to HIPAA -- but again, if it works in our favor to cite it, I'm cool with that).
https://www.hhs.gov/sites/default/files/privacysummary.pdf
PPS: I will read through that document when I have some time. But since you are the one who brought it up, I am wondering if you have read it and understand it, or if you are just assuming it must say something that is relevant to this discussion. Can you cite the specific clause(s) that are relevant to this thread? thx
PPPS: There is this little gem, which appears to confirm my position:
The Privacy Rule, as well as all the Administrative Simplification rules, apply to health plans, health care clearinghouses, and to any health care provider who transmits health information in electronic form in connection with transactions for which the Secretary of HHS has adopted standards under HIPAA (the “covered entities”).
Interesting. Of course, the Executive Branch cannot implement regulations that go beyond the authority granted to them by the Legislative Branch, and must also conform to the laws established by the Judicial Branch (common law system, after all), subject to the Constitution.
Quick look at the linked document specifically states that it applies to "covered entities" (which I wrote as "covered persons" but it's the same thing). It also mentions additional regulations that go beyond that. If they can be used to our advantage, that's great. Whether or not they are actually lawful (if they go beyond the statute that grants the authority to create the regulation) is another question.
I will check it out when I get a chance.
PS: First glace tells me (a) this series of regulations are specifically to enforce the HIPAA statute and for no other purpose (makes sense), (b) establishes regulations that are legally enforceable as it relates to "covered entities" (also makes sense, since those are the persons Congress has aimed this part of HIPAA at), and (c) STANDARDS (not regulations, i.e. not the force of law) that are recommended for other persons (also makes sense, since these other persons would NOT be subject to HIPAA -- but again, if it works in our favor to cite it, I'm cool with that).
https://www.hhs.gov/sites/default/files/privacysummary.pdf
PPS: I will read through that document when I have some time. But since you are the one who brought it up, I am wondering if you have read it and understand it, or if you are just assuming it must say something that is relevant to this discussion. Can you cite the specific clause(s) that are relevant to this thread? thx
Interesting. Of course, the Executive Branch cannot implement regulations that go beyond the authority granted to them by the Legislative Branch, and must also conform to the laws established by the Judicial Branch (common law system, after all).
Quick look at the linked document specifically states that it applies to "covered entities" (which I wrote as "covered persons" but it's the same thing). It also mentions additional regulations that go beyond that. If they can be used to our advantage, that's great. Whether or not they are actually lawful (if they go beyond the statute that grants the authority to create the regulation) is another question.
I will check it out when I get a chance.
PS: First glace tells me (a) this series of regulations are specifically to enforce the HIPAA statute and for no other purpose (makes sense), (b) establishes regulations that are legally enforceable as it relates to "covered entities" (also makes sense, since those are the persons Congress has aimed this part of HIPAA at), and (c) STANDARDS (not regulations, i.e. not the force of law) that are recommended for other persons (also makes sense, since these other persons would NOT be subject to HIPAA -- but again, if it works in our favor to cite it, I'm cool with that).
https://www.hhs.gov/sites/default/files/privacysummary.pdf
PPS: I will read through that document when I have some time. But since you are the one who brought it up, I am wondering if you have read it and understand it, or if you are just assuming it must say something that is relevant to this discussion. Can you cite the specific clause(s) that are relevant to this thread? thx
Interesting. Of course, the Executive Branch cannot implement regulations that go beyond the authority granted to them by the Legislative Branch, and must also conform to the laws established by the Judicial Branch (common law system, after all), suject to limitations imposed on them by the Constitution.
Quick look at the linked document specifically states that it applies to "covered entities" (which I wrote as "covered persons" but it's the same thing). It also mentions additional regulations that go beyond that. If they can be used to our advantage, that's great. Whether or not they are actually lawful (if they go beyond the statute that grants the authority to create the regulation) is another question.
I will check it out when I get a chance.
PS: First glace tells me (a) this series of regulations are specifically to enforce the HIPAA statute and for no other purpose (makes sense), (b) establishes regulations that are legally enforceable as it relates to "covered entities" (also makes sense, since those are the persons Congress has aimed this part of HIPAA at), and (c) STANDARDS (not regulations, i.e. not the force of law) that are recommended for other persons (also makes sense, since these other persons would NOT be subject to HIPAA -- but again, if it works in our favor to cite it, I'm cool with that).
Interesting. Of course, the Executive Branch cannot implement regulations that go beyond the authority granted to them by the Legislative Branch, and must also conform to the laws established by the Judicial Branch (common law system, after all).
Quick look at the linked document specifically states that it applies to "covered entities" (which I wrote as "covered persons" but it's the same thing). It also mentions additional regulations that go beyond that. If they can be used to our advantage, that's great. Whether or not they are actually lawful (if they go beyond the statute that grants the authority to create the regulation) is another question.
I will check it out when I get a chance.
PS: First glace tells me (a) this series of regulations are specifically to enforce the HIPAA statute and for no other purpose (makes sense), (b) establishes regulations that are legally enforceable as it relates to "covered entities" (also makes sense, since those are the persons Congress has aimed this part of HIPAA at), and (c) STANDARDS (not regulations, i.e. not the force of law) that are recommended for other persons (also makes sense, since these other persons would NOT be subject to HIPAA -- but again, if it works in our favor to cite it, I'm cool with that).
Interesting. Of course, the Executive Branch cannot implement regulations that go beyond the authority granted to them by the Legislative Branch, and must also conform to the laws established by the Judicial Branch (common law system, after all).
Quick look at the linked document specifically states that it applies to "covered entities" (which I wrote as "covered persons" but it's the same thing). It also mentions additional regulations that go beyond that. If they can be used to our advantage, that's great. Whether or not they are actually lawful (if they go beyond the statute that grants the authority to create the regulation) is another question.
I will check it out when I get a chance.