Elizabeth F. Hodge

Elizabeth F. Hodge

Akerman LLP

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Business Associates Beware! OCR Is Coming For You

Last week, the U.S. Department of Health and Human Services Office for Civil Rights (OCR) announced the first HIPAA settlement involving a business associate. Catholic Health Care Services of the Archdiocese of Philadelphia...more

7/8/2016 - Business Associates HIPAA HIPAA Breach OCR PHI Settlement

Lights, Camera, Settlement: OCR says a picture is worth $2.2 million

A New York hospital has settled with the U.S. Department of Health and Human Services Office for Civil Rights (“OCR”) for $2.2 million after allowing a TV crew for the ABC documentary series “NY Med” to film patients...more

4/26/2016 - Covered Entities Film Industry HHS HIPAA Hospitals OCR Patient Privacy Rights PHI Prior Authorization Settlement

Shhh….OCR Releases New HIPAA Audit Protocol

Just in time for the Phase 2 audits, the Department of Health and Human Services Office for Civil Rights (OCR) quietly posted the updated HIPAA Audit Protocol on its website. The new audit protocol has been updated to include...more

4/12/2016 - Business Associates Covered Entities Health Care Providers HIPAA HIPAA Audits HIPAA Breach OCR PHI

Phase 2 of HIPAA Audits Is Underway – Covered Entities and Business Associates Beware

The U.S. Department of Health and Human Services Office of Civil Rights (OCR) recently announced that it has started obtaining and verifying entity contact information to identify covered entities and business associates for...more

3/23/2016 - Breach Notification Rule Business Associates Covered Entities Health Care Providers HIPAA HIPAA Audits HIPAA Breach OCR

OCR Issues New Guidance on “Reasonable and Cost-Based” Fees Associated with Medical Record Copying and Access

On February 25, 2016, the Office of Civil Rights (OCR) released a set of FAQs directed at healthcare providers and plans that are required to comply with the HIPAA Privacy Rule (the Privacy Rule). The guidance emphasizes that...more

3/17/2016 - Fees Health Care Providers HIPAA OCR PHI Privacy Rule

HIPAA Privacy Rule Now Permits Reporting for Firearms Background Checks

On January 4, 2016, the U.S. Department of Health and Human Services (HHS) issued a final rule that modifies the Health Insurance Portability and Accountability Act of 1996 (HIPAA) Privacy Rule. This modification expressly...more

1/12/2016 - Background Checks Firearms Gun Laws HIPAA NICS Privacy Rule

Medical Devices And Risks Of Unauthorized Disclosure Of Protected Health Information

The U.S. Department of Health and Human Services Office for Civil Rights (OCR) kicked off the holiday season by publishing a settlement agreement under the Health Insurance Portability and Accountability Act of 1996 (HIPAA)...more

12/2/2015 - Healthcare HIPAA Medical Devices Personally Identifiable Information Popular Settlement Agreements

Can We Talk? Florida Court Rejects Latest Challenge to Med Mal Presuit Authorization Law

In the latest challenge to a Florida law designed to promote early settlement of meritorious medical malpractice claims, the Florida First District Court of Appeal recently rejected a plaintiff’s arguments that 2013...more

7/24/2015 - Florida Healthcare HIPAA Medical Malpractice Negligence PHI Preemption

Recent HHS Settlement Highlights Risks of Electronically-Sharing Protected Health Information

On July 10, 2015, the United States Department of Health and Human Services Office for Civil Rights (OCR) announced its second settlement of the year for violations of the Health Insurance Portability and Accountability Act...more

7/16/2015 - Compliance Data Breach Data Protection Data-Sharing Health Information Technologies Healthcare HHS HIPAA Hospitals Laptop Computers OCR PHI Settlement

HHS Settlement: Dumpster-Diving Leads to Settlement for Improper Disposal of Documents Containing Protected Health Information

The U.S. Department of Health and Human Services Office for Civil Rights (HHS) recently announced that it has reached an agreement with a small pharmacy to resolve potential HIPAA violations. The settlement arose from the...more

4/30/2015 - Covered Entities Document Destruction HIPAA Pharmacies PHI Popular Retailers Settlement

Talk Amongst Yourselves: HIPAA Does Not Preempt Florida Med Mal Presuit Authorization Law

The United States Court of Appeals for the Eleventh Circuit recently concluded that the Health Insurance Portability and Accountability Act of 1996 (HIPAA) does not prevent the application of a Florida law requiring...more

10/20/2014 - Data Protection EHR HIPAA Medical Malpractice PHI

The Downside To Sharing – Two Hospitals To Pay Largest HIPAA Fine Yet

On May 7, 2014, the U.S. Department of Health and Human Services Office for Civil Rights ("OCR") announced the largest settlement to date under the Health Insurance Portability and Accountability Act of 1996 ("HIPAA"). New...more

5/9/2014 - Data-Sharing Healthcare HIPAA Hospitals Non-Judicial Settlement Agreements OCR Patient Confidentiality Breaches Patient Privacy Rights

The Government Is Here To Help: HHS Releases HIPAA Security Risk Assessment Tool For Small Providers

The U.S. Department of Health and Human Services ("HHS") has just released a new security risk assessment ("SRA") tool to assist small and medium sized health care practices (one to ten providers) conduct a HIPAA risk...more

4/1/2014 - HHS HIPAA Risk Assessment Small Business

35 Days And Counting - R.I.P. Windows XP

Effective April 9, 2014, Microsoft will no longer provide technical support or security updates for the Windows XP operating system. According to Microsoft, personal computers running Windows XP after April 8, 2014 should not...more

3/3/2014 - Cybersecurity Data Breach HHS HIPAA Microsoft Risk Assessment

New Privacy Rule Gives Patients Right To Access Lab Test Reports

On February 6, 2014, the Centers for Medicare and Medicaid Services (CMS) and the U.S. Department of Health and Human Services Office for Civil Rights (HHS OCR) issued a final rule amending the Clinical Laboratory Improvement...more

2/7/2014 - CLIA CMS HHS HIPAA Medicaid Medicare Privacy Policy

It's Never Too Late To Give Guidance: OCR Starts Releasing HIPAA Omnibus Rule Guidance In Anticipation Of September 23 Compliance...

This has been a busy week for the Department of Health and Human Services / Office for Civil Rights (HHS/OCR). It has started releasing guidance on various provisions of the Omnibus HIPAA final rule (the "Final Rule") in...more

9/23/2013 - CLIA Data Protection HHS HIPAA HIPAA Omnibus Rule HITECH Notice Requirements OCR PHI

HIPAA Omnibus Final Rule Imposes New Obligations on Business Associates

On January 25, 2013, the Department of Health and Human Services/Office for Civil Rights (HHS/OCR) published in the Federal Register (78 Fed. Reg. 5566) the long-awaited final rule titled Modifications to the HIPAA Privacy,...more

2/12/2013 - Business Associates Covered Entities Data Protection HIPAA HIPAA Omnibus Rule Medical Records PHI Subcontractors

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