New HIPAA Privacy Rules Alter Options for Health Care Marketing and Research

In a notice published in the Federal Register on Jan. 25, 2013, the Department of Health and Human Services released its much-anticipated final rule (Final Rule) modifying the privacy and security regulations implementing the Heath Insurance Portability and Accountability Act (HIPAA) and the Health Information Technology for Economic and Clinical Health (HITECH) Act. In addition to affecting the entities directly subject to HIPAA and the HITECH Act - HIPAA "covered entities" and "business associates" - the Final Rule has significant implications for those who deal with those entities or are otherwise involved with individually identifiable health information.