Adam H. Greene

Adam H. Greene

Davis Wright Tremaine LLP

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$4.8 Million – Largest HIPAA Settlement to Date

On May 7, 2014, the U.S. Department of Health and Human Services, Office for Civil Rights (“OCR”) issued a press release announcing that two health care organizations—New York and Presbyterian Hospital (“NYP”) and Columbia...more

5/9/2014 - Covered Entities Data Breach Electronic Medical Records HIPAA Hospitals Non-Judicial Settlement Agreements OCR Patient Confidentiality Breaches

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

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

Under HIPAA, You Have the Right to Remain Silent

Last week a regional California medical center entered a $275,000 settlement for disclosing patient information to the media, spotlighting HIPAA’s tight reign over covered health providers even when they try to defend their...more

6/19/2013 - Corrective Actions Disclosure HIPAA Media OCR PHI Settlement

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

Time to Take Advantage of HIPAA Omnibus Rule's "Good News": Fundraising, Research, and Student Immunization Records

The Omnibus Rule went into effect on March 26, 2013. While covered entities and business associates have until Sept. 23, 2013, to comply with new restrictions and obligations, they can take advantage of the rule’s benefits...more

4/3/2013 - Business Associates Covered Entities Data Protection Fundraisers Healthcare HIPAA HIPAA Omnibus Rule Immunization Records Medical Research Notice Requirements PHI

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

One Week to Get Business Associate Agreements Executed Under HIPAA Omnibus Rule’s Grandfather Clause

On Jan. 17, 2013, the long-awaited HIPAA “Omnibus Rule” went on display at the Federal Register, finalizing changes to the HIPAA Privacy, Security, Breach Notification, and Enforcement Rules....more

1/21/2013 - Business Associates Compliance Data Breach Data Protection Enforcement HIPAA HIPAA Omnibus Rule Notice Requirements

HIPAA Omnibus Rule Released

At long last, after much delay and speculation, the HIPAA Omnibus Rule has been placed on display at the Federal Register in preparation for formal publication....more

1/18/2013 - Business Associates Compliance Covered Entities Data Breach Enforcement HIPAA HIPAA Omnibus Rule Marketing Notice Requirements PHI

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

Escaping HIPAA: New Guidance on De-Identifying Health Information

HIPAA places tight restrictions on the use and disclosure of protected health information, but there are many ways to “de-identify” it, freeing it from HIPAA’s constraints. Covered entities and business associates can use...more

11/29/2012 - Compliance Healthcare Healthcare Professionals HIPAA PHI Safe Harbors

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