Since the 2009 enactment of the Health Information Technology for Economic and Clinical Health Act (the “Act” or “HITECH Act”), compliance efforts associated with the Health Insurance Portability and Accountability Act of 1996 (“HIPAA”) has remained clouded in uncertainty. On January 25, 2013, and after more than a two-year wait after the release of the July 14, 2010, proposed regulations (the “Proposed Rule”), the Office for Civil Rights (“OCR”) of the U.S. Department of Health and Human Services (“HHS”) published the long-awaited HITECH final rule – Modifications to the HIPAA Privacy, Security, Enforcement, and Breach Notification Rules under the Health Information Technology for Economic and Clinical Health Act and the Genetic Information Nondiscrimination Act; Other Modifications to the HIPAA Rules (the “Final Rule”).

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