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The Wagner Law Group Description 

The Wagner Law Group, A Professional Corporation, is a nationally recognized ERISA & employee benefits, estate planning, employment, labor & human resources practice. 


Established in 1996, The Wagner Law Group has 19 attorneys engaged exclusively in employee benefits, estate planning and employment law. Five of our attorneys are AV rated by Martindale-Hubbell as having very high to preeminent legal abilities and ethical standards. The firm is among the largest ERISA boutiques in the country. Our practice is national in scope, with clients in more than 40 states and several foreign countries.






Contact Info

The Wagner Law Group


Massachusetts Office 

Tel: (617) 357-5200 

Fax: (617) 357-5250 

99 Summer Street 

13th Floor

Boston, MA 02110

Florida Office 

Tel: (561) 293-3590
Fax: (561) 293-3591
7121 Fairway Drive
Suite 203
Palm Beach Gardens, FL 33418


New York Office

Tel: (716) 650-5987

Fax: (716) 633-0301

333 International Drive

Suite B-4

Williamsville, NY 14221


San Francisco Office

Tel: (415) 625-0002

Fax: (415) 829-4385

315 Montgomery Street

Suite 902

San Francisco, CA 94104




July 19, 2012 

 State and Federal Law Alert







HIPAA Audit Protocol




After completing a pilot program for conducting audits under the Health Information Technology for Economic and Clinical Health ("HITECH") Act, the Department of Health and Human Services' has developed an Audit Protocol for HIPAA compliance, which it has made available to the public. The Audit Protocol covers three of the main areas of HIPAA compliance: 

  • Privacy rules that include national standards to protect individuals' personal health information and give individuals increased access to their medical records;
  • Breach notification procedures when there has been a "security breach" due to unsecured Protected Health Information; and
  • Security rules to protect the confidentiality, integrity, availability, transmission and storage of electronic medical information.


 The Audit Protocol is a guide to the compliance requirements that will be assessed through the audit. It is helpfully divided into 2 sections:

  • HIPAA Privacy and Breach section, with 88 "established performance criteria" that must be met to satisfy HIPAA; and
  • HIPAA Security section, with 77 points of "established performance criteria" available for audit.

Covering everything from notices of privacy practices for Protected Health Information to security requirements for administrative, physical, and technical safeguards of data, the Audit Protocols make an excellent guide for an employer's "self-study" of HIPAA compliance.



The Audit Protocol is searchable by keywords, and can be found at: www.hhs.gov/ocr/privacy/hipaa/enforcement/audit/protocol.html




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Pursuant to Internal Revenue Service Circular 230, we hereby inform you that any advice set forth herein with respect to US federal tax issues is not intended or written by The Wagner Law Group to be used and cannot be used, by you or any taxpayer, for the purpose of avoiding penalties that may be imposed on you or any other person under the Internal Revenue Code.


This Newsletter is provided for information purposes by The Wagner Law Group to clients and others who may be interested in the subject matter, and may not be relied upon as specific legal advice.  This material is not to be construed as legal advice or legal opinions on specific facts. Under the Rules of the Supreme Judicial Court of Massachusetts, this material may be considered advertising.