If a breach occurs a healthcare organization would have to send out first-class letters to any patients who might have been affected by the breach. Electronic mail can be used if the individual agrees to receive electronic notice and such agreement has not been withdrawn. If at least ten of the first-class letters come back for a bad address, the hospital must then post a notice of the breach on its home page and offer a toll-free breach information number for 90 days (Anderson, 2010).
To receive the financial incentives, eligible professionals and hospitals must achieve meaningful use of an electronic health record (EHR). In December 2009 the Centers for Medicare & Medicaid Services (CMS) released an advanced copy of a notice of proposed rulemaking defining the requirements for meaningful use, the measures and the details of how eligible providers and hospitals will be paid the incentive dollars. The requirements are substantially the same as those approved the by the Office of the National Coordinator (ONC) policy committee in July of 2009. Meaningful use necessities are still grouped into three stages but the designations are no longer tied to dates. In Stage 1, the focus is on capturing data, in Stage 2 on reporting health information and tracking key clinical conditions, and in Stage 3 on improving performance and health outcomes (Update on Meaningful Use, 2010).
The stimulus law has allocated $20 billion to help provider's purchase and implements health technology, such as electronic health records (EHR) (DerGurahian, 2010).
Under the HITECH Act, the Secretary is accountable for adopting standards, implementation specifications, and certification criteria for health information technology. ONC put out a temporary final rule on those topics and also has published a proposed rule on the processes the National Coordinator would take to authorize organizations...
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