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Is the HITECH Act Unconstitutional?

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Parts 1 and 2

[By Alberto Borges; MD]

Is the HITECH Act Unconstitutional? – PART 2

Is the HITECH Act Unconstitutional? – PART 1

Dr. Borges is a ME-P thought-leader in private practice. He is an associate clinical professor of medicine at the George Washington University in Washington, DC.


Check out his website at http://msofficeemrproject.com


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5 Responses

  1. More on HITECH,

    Excellent report Dr. Borges. Here is a related post for all ME-P readers:





    DO NOT FORGET – On September 23, 2013, the U.S. Department of Health and Human Services (“DHHS”) will begin to enforce the HITECH Omnibus Regulations, which made significant revisions to the privacy requirements of HIPAA.



  3. HITECH Costs

    If there is nothing holding down the cost of HITECH enforcement, will it rise or fall? And who pays the bill?

    The fun part of giving stimulus money away to providers is over. Now all that’s left is a pissed off HHS Inspector General and claw-back audits. (See: “HITECH Act EHR Program Fraud Alleged – Former Hospital CFO Charged with Submitting False Documents,” by Marianne Kolbasuk McGee for GovInfoSecurity, February 11, 2014).


    Attorney David Holtzman, former senior adviser at the HHS Office for Civil Rights, and now a vice president with security consulting firm CynergisTek, tells GovInfoSecurity, “I envision that the inspector general’s office and HHS are going to more carefully review healthcare providers and facilities to measure the accuracy of [HITECH Act] attestations and to make sure covered entities have, in fact, put the appropriate information security protections in place and have done the HIPAA security risk assessment they attested to, as well as the other meaningful use measures.”

    How much will that temper tantrum add to the bill?

    Since the rising cost of enforcement of cash giveaways, as well as the generous giveaways themselves, contribute to the rising cost of healthcare, can anyone describe how HITECH benefited the nation?

    Darrell K. Pruitt DDS



    DeSalvo leaves ONC position to assist Ebola response team

    Karen DeSalvo, MD, MPH, has left her position as national coordinator of health IT to work on the team responding to the Ebola outbreak


    ONC’s 10-year plan to achieve interoperability

    The Office of the National Coordinator for Health IT has released its 10-year plan to achieve a national, interoperable health IT platform


    Ann Miller RN MHA


  5. HI-TECH

    “Pros and Cons of Potential ‘Wall of Shame’ Changes – HHS Reportedly Considering Revamping Breach Reporting Website – Is it time for the Department of Health and Human Services to change the so-called ‘wall of shame’ website used to report large health data breaches as mandated under the HITECH Act?

    And if so, what should be changed?”

    Marianne Kolbasuk McGee
    [HealthInfoSec – June 15, 2017]


    Transparency with Americans about the cost and danger of EHRs has made them too difficult to sell.

    Darrell Pruitt DDS


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