Healthcare IT Update

Red Flags Rule Applies to Health Care Providers (for Now!)

While medical groups are gearing up to challenge the application of the FTC’s Red Flags Rule to health care providers, the viability of such a challenge is not assured. So aside from being required to do so by the Federal Trade Commission, your practice or facility should implement a Red Flag compliance program that helps to detect and prevent medical identity theft because it’s a best practice. The good news is, it’s not that hard, according to Duane Abbey, who recently gave an audio conference, “Achieve Red Flag Compliance.” “I don’t think we’re going to see any exemptions,” Abbey predicted. The original Red Flags regulations in the Federal Register back in 2007 mentioned health care creditors specifically, he pointed out. Enforcement of the Red Flags regs has been delayed until June 1, 2010. “The incremental procedures through which you…

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Duped! FTC Postpones Red Flag Rules Rule. Again.

While some providers should play wait and see, the law has a financial upside for larger entities. Remember that movie Groundhog Day, where Bill Murray relives the same day over and over again? That’s where we are with the Red Flags Rule. It was supposed to take effect Nov. 1, but alas … On October 30, the Federal Trade Commission announced it’s postponing the compliance deadline for the rule until June 1, 2010. There’s a court case going on about who must comply. “Basically, the FTC is extending the deadline because Congress has asked it to do so,” explains attorney Robert Markette in Home Care Law Blog. What to do if you don’t currently have a Red Flags Rule Compliance Program: Markette recommends that would wait a bit to get your…

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New Red Flag Rules Deadline: November 1, 2009

Good news. At least until November. The Federal Trade Commission has postponed the compliance deadline for the Red Flags Rule from Aug. 1 to Nov. 1, 2009, according to a July 29 release from the FTC. The rule requires that creditors and financial institutions implement programs to identify, detect, and respond to the warning signs, or “red flags,” that could indicate identity theft. Health care providers fall under the ‘creditors’ heading. As HIT professionals well know, identity thieves often target a person’s medical information (such as a Medicare or Medicaid number), with serious consequences for both the legitimate bene and the health care organization involved. One reason for the delay? The FTC wants to give small businesses more guidance on how to comply with the rule. To determine whether your health care organization falls within the FTC’s ‘low risk’ category, 

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