Adam H. Greene

Adam H. Greene

Davis Wright Tremaine LLP

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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

CMS Reopens the Medicare Payment Adjustment Hardship Exception Application Submission Period for Certain Providers and Hospitals

Centers for Medicare & Medicaid Services (CMS) recently announced the reopening of the submission period for hardship exception applications for eligible professionals and eligible hospitals that have been unable to fully...more

10/30/2014 - CEHRT CMS EHR Healthcare Healthcare Reform Hospitals Medicare PHI Undue Hardship

Good News: California Extends Its Medical Data Breach Notification Requirement From 5 to 15 Days

On Sept. 18, 2014, California’s governor approved Assembly Bill 1755, extending California’s stringent breach notification deadline for medical information breaches from five business days to 15 business days for clinics,...more

10/13/2014 - Breach Notification Rule Data Breach EHR Healthcare Personally Identifiable Information PHI Popular

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

Rhode Island Hospital’s Breach of Health Information Leads to Settlement with Massachusetts Attorney General

On July 23, 2014, the Massachusetts attorney general announced a settlement with Women & Infants Hospital of Rhode Island (WIH) over the loss of unencrypted backup tapes. WIH agreed to pay $150,000 and undertake numerous...more

8/6/2014 - Data Protection EHR HIPAA Hospitals PHI Settlement

Appellate Court Rules Medical Information Must Actually Have Been Viewed by an Unauthorized Person for a Plaintiff to Recover...

The California Court of Appeal recently held that in order to recover under California’s Confidentiality of Medical Information Act (CMIA), Civ. Code §§ 56 et seq., a plaintiff must plead and prove that the “stolen medical...more

7/29/2014 - CMIA Data Protection EHR PHI

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

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

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

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

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

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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