Adam H. Greene

Adam H. Greene

Davis Wright Tremaine LLP

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Business Associates Beware: First HIPAA Settlement with Business Associate

For the first time, the U.S. Department of Health & Human Services Office for Civil Rights (OCR) has entered into a Resolution Agreement with a business associate over allegations that it potentially violated the Health...more

7/7/2016 - Business Associates HHS HIPAA OCR PHI

HIPAA Enforcement Actions by the Numbers

Protecting patient information is a central duty for both covered entities and business associates under the Health Insurance Portability and Accountability Act (HIPAA). Should a HIPAA-subject entity ever fail to protect...more

6/29/2016 - Breach Notification Rule HHS HIPAA OCR PHI

The Audit Protocol is Released, and Other Updated HIPAA Audits News

As we previously reported, the HHS Office for Civil Rights (OCR) launched Phase II of its audit program on March 21. Since that time, a significant amount of new information has emerged, including details regarding the...more

4/12/2016 - Business Associates Covered Entities HHS HIPAA HIPAA Audits OCR

Second CMP Assessed for HIPAA Violations: Do You Know Where Your Data Is?

For only the second time in its history, the U.S. Department of Health and Human Services’ (HHS) Office for Civil Rights (OCR) has imposed a civil money penalty (CMP) on a covered entity for allegedly violating the HIPAA...more

2/10/2016 - ALJ Civil Monetary Penalty Corporate Counsel Covered Entities HHS HIPAA OCR PHI Privacy Rule

Confusion Continues Over Medical Identity Theft Victim Rights under HIPAA

In a Nov. 10, 2015 letter, the Chairs and Ranking Members of the Senate Committee on Health, Education, Labor, and Pensions and the Committee on Finance raised concerns with the U.S. Department of Health and Human Services...more

12/2/2015 - HHS HIPAA Identity Theft Medical Records Personally Identifiable Information Popular

Are Attorneys Entitled to “HIPAA Rate”?

Over the past year, numerous lawsuits and complaints to the HHS Office for Civil Rights (“OCR”) have been filed by plaintiffs’ attorneys over a seemingly obscure HIPAA issue – the rate that health care providers and their...more

11/6/2015 - Fees FOIA Health Care Providers Healthcare HHS HIPAA Medical Records OCR Privacy Rule Release of Information

Ebola or Not, Patient Privacy Must Be Protected: Office for Civil Rights Issues Bulletin on HIPAA Requirements in Emergency...

In the wake of the recent Ebola cases, the U.S. Department of Health and Human Services’ (HHS) Office for Civil Rights (OCR) has issued a new bulletin reminding HIPAA-covered entities and their business associates that the...more

11/13/2014 - Data Protection Ebola EHR Healthcare HHS HIPAA OCR PHI

New HIPAA Reports to Congress Shed Light on OCR Enforcement

The Department of Health and Human Services’ Office for Civil Rights (OCR) has issued two reports to Congress, as required by the HITECH Act. The compliance report details OCR’s enforcement activities for 2011 and 2012 and...more

7/7/2014 - Data Protection Enforcement Enforcement Actions Healthcare HHS HITECH OCR

Confidentiality of Substance Abuse Treatment Information: HHS Considers Changes to the Part 2 Regulations and Requests Comment

The Department of Health and Human Services’ Substance Abuse and Mental Health Services Administration (SAMHSA) is considering significant changes to the “Part 2” regulations (the Confidentiality of Alcohol and Drug Abuse...more

6/23/2014 - ACOs Consent Healthcare Healthcare Reform HHS New Regulations Patient Privacy Rights SAMHSA

OCR Releases Information on What Phase 2 HIPAA Audits Will Look Like

The HHS Office for Civil Rights (OCR) recently presented information about the new look of its Phase 2 audit program. The new audits will look little like the old ones, with OCR conducting the audits itself and focusing on...more

4/14/2014 - Audits Data Protection EHR HHS HIPAA OCR PHI

Future OCR Audits Have Little in Common With Previous Round—Here’s How to Prepare

The HHS Office for Civil Rights (OCR) recently presented information about the new look of its Phase 2 audit program. The new audits will look little like the old ones, with OCR conducting the audits itself and focusing on...more

4/11/2014 - Audits Covered Entities HHS OCR Security Risk Assessments

HIPAA and Mental Health Information: HHS Issues HIPAA Guidance Addressing Mental Health Information

The U.S. Department of Health and Human Services (“HHS”) recently issued new guidance clarifying how the HIPAA Privacy Rule strikes the balance of protecting individuals’ privacy of mental health information and communicating...more

2/28/2014 - Healthcare HHS HIPAA Mental Health Mental Health Parity Rule Mental Illness

It’s Not Enough to Notify: Don’t Forget the Policies, Risk Analyses, and Training

HIPAA compliance ended with a bang in 2013, with the feds issuing the first settlement involving a health provider’s failure to have breach notification policies and procedures in place. On Dec. 24, 2013, the Department of...more

1/8/2014 - Compliance HHS HIPAA OCR Security Rule Training

HHS Issues Model Privacy Notices: The Good, the Bad, and the Ugly

Just in time for the September 23, 2013, deadline for compliance with the HIPAA Omnibus Rule, the U.S. Department of Health and Human Services (“HHS”) issued a set of model notices of privacy practices for health care...more

10/2/2013 - HHS HIPAA HIPAA Omnibus Rule Notice of Privacy Practices Notice Requirements

HHS Delays Require Changes to Notice of Privacy Practices for Certain Clinical Laboratories

Last week the Department of Health and Human Services (“HHS”) announced that it has postponed the Sept. 23, 2013, HIPAA Omnibus Rule deadline for many clinical laboratories to revise their notices of privacy practices...more

9/26/2013 - Clinical Laboratories HHS HIPAA HIPAA Omnibus Rule Notice of Privacy Practices

FTC Files Complaint Against Lab Over Failed Health Information Security

In a reminder that the U.S. Department of Health and Human Services (“HHS”), with its HIPAA security requirements and enforcement authority, is not the only game in town when it comes to health information privacy, the...more

9/19/2013 - Clinical Laboratories Confidential Information Data Protection FTC HHS HIPAA PHI

In $1.7M WellPoint Settlement, HHS Warns Covered Entities on Change Management

On July 8, 2013, the U.S. Department of Health and Human Services (“HHS”) Office for Civil Rights (“OCR”) entered into a $1.7 million resolution agreement with WellPoint over a 2009-2010 security breach....more

7/15/2013 - Change Management Covered Entities Data Breach Data Breach Plans HHS Settlement WellPoint

HHS Releases HIPAA Regulations with Updates Incorporating Omnibus Rule Changes

In January 2013, The U.S. Department of Health and Human Services released the HIPAA Omnibus Rule in the Federal Register, the most significant changes to the HIPAA regulations since they were first promulgated. ...more

6/14/2013 - Data Protection HHS HIPAA HIPAA Omnibus Rule

Deadline Approaches for Reporting 2012 Small Breaches

HIPAA covered entities have through Friday, March 1, 2013, to report small breaches of unsecured protected health information that occurred in calendar year 2012 to the U.S. Department of Health and Human Services (HHS). A...more

2/26/2013 - Data Breach HHS HIPAA HIPAA Omnibus Rule Notice Requirements

New Omnibus Rule Released: HIPAA Puts on More Weight

On Jan. 17, 2013, the Department of Health and Human Services (HHS) released the long-awaited “Omnibus Rule,” which amends the administrative simplification provisions of the Health Insurance Portability and Accountability...more

1/24/2013 - Business Associates Covered Entities Data Breach Data Protection Enforcement GINA HHS HIPAA HIPAA Omnibus Rule HITECH Marketing PHI Privacy Policy

Small Data Breach Leads to $50,000 HHS Settlement for Hospice

In what HHS declares as “the first settlement involving a breach of unprotected electronic protected health information (ePHI) affecting fewer than 500 individuals,” the Office for Civil Rights (OCR) reached a $50,000...more

1/3/2013 - Data Breach Electronic Medical Records HHS HIPAA HONI OCR Settlement

HHS Creates Mobile Device Privacy and Security Website: High Expectations for Mobile Device Security

The U.S. Department of Health and Human Services recently posted a website focusing on mobile devices and health information privacy and security at http://www.healthit.gov/mobiledevices. The website includes five videos on...more

12/21/2012 - Data Protection HHS HIPAA Mobile Apps

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