Adam H. Greene

Adam H. Greene

Davis Wright Tremaine LLP

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It’s Not the Olympics, but OCR Sets New HIPAA Settlement Records

Athletes at the Rio Olympics aren’t the only ones setting records this year. Hoping to send a “strong message” about the importance of safeguarding electronic protected health information (PHI) and conducting mandated risk...more

8/15/2016 - Business Associates Covered Entities Data Breach HHS HIPAA OCR PHI Risk Management Settlement

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

OCR Phase 2 HIPAA Audits Are Here: What to Expect While You’re Expecting (an Audit)

The Phase 2 audit program for HIPAA compliance is under way. The U.S. Department of Health and Human Services’ Office for Civil Rights (OCR) announced that it had launched the Phase 2 audits to examine and assess how covered...more

3/29/2016 - Breach Notification Rule Business Associates Covered Entities Health Care Providers HIPAA HIPAA Audits HIPAA Breach OCR PHI

Can Ransomware Trap Your Health Information? OCR Highlights the Risk of Cyber Extortion in its Cyber-Awareness Initiative

The U.S. Department of Health and Human Services’ Office for Civil Rights (OCR) has been highlighting the threat posed by “ransomware”—when an organization is locked out of its own systems and files by cyber criminals who...more

2/23/2016 - Cyber Attacks Cyber Crimes Cyber Insurance Health Care Providers Malware OCR Ransomware Risk Mitigation

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

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

Be Careful with Information Destruction: Another Medical Record Disposal HIPAA Settlement

The U.S. Department of Health and Human Services Office for Civil Rights (“OCR”) recently announced a new settlement with a small pharmacy, Cornell Prescription Pharmacy (“Cornell”). OCR alleged that Cornell was disposing of...more

5/1/2015 - Document Destruction Enforcement Actions OCR Pharmacies PHI Settlement

Latest HIPAA Settlement: Compliance is an Ongoing Process

The U.S. Department of Health and Human Services, Office for Civil Rights (OCR) issued its first settlement under new OCR Director Jocelyn Samuels earlier this month. This latest settlement serves as a reminder that a...more

12/18/2014 - Healthcare Facilities HIPAA OCR Patient Confidentiality Breaches PHI Popular Settlement

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

Starting Oct. 6, Patients Can Access Test Reports Directly From Clinical Laboratories

On Oct. 6, 2014, a final rule issued jointly by the Centers for Medicare & Medicaid Services (CMS), Centers for Disease Control and Prevention (CDC), and Office for Civil Rights (OCR) will require all HIPAA-covered labs...more

10/2/2014 - CDC Clinical Laboratories CMS EHR Healthcare HIPAA OCR PHI Popular

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

$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

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

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

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

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

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