Jo Ellen Whitney

Jo Ellen Whitney

Davis Brown Law Firm

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Minimum Necessary and the Breach Standard

When the new HITECH rules came out OCR specifically said, “...uses or disclosures that impermissibly involve more than the minimum necessary information...may qualify as breaches.” But what exactly is the minimum necessary...more

4/23/2014 - Covered Entities Disclosure Requirements Health Insurance HIPAA HITECH OCR

OCR Announces the Results from it's Pilot Audit and it's Plans For Next Year

The Office of Civil Rights Audit Pilot Program has come to an end with 115 audits, primarily in person, having been completed. The Pilot Program had multiple revelations in privacy, some of which were probably, not so...more

4/22/2014 - Audits Covered Entities Healthcare HIPAA Internal Audit Functions KPMG Notice Requirements OCR Risk Assessment

HIPAA Impaired Providers and the ER - What Happens When Your Employee Becomes Your Patient?

I was speaking this week at IAHIMA’s Annual Conference on the issues relating to HIPAA audits and recent updates from OCR and ONC. As part of my program we typically solicit questions prior to the presentation, most of which...more

4/21/2014 - Audits Healthcare Healthcare Professionals HIPAA Hospitality Industry Hospitals Illegal Drugs OCR ONC Patients Prescription Drugs

Employment Law Blog: Regzilla Stomps Another One! - Idaho State University and the Compliance Gap Analysis

Presumably at this point HIPAA, HITECH and the Omnibus Regulation have been published, digested and everyone is in full compliance with the requirements that have been set forth....more

6/19/2013 - Compliance HIPAA HIPAA Omnibus Rule HITECH OCR Risk Assessment

Health Law: HIPAA Omnibus Regulation - I Want to Comply but What Exactly is Compromised Information?

The HIPAA Omnibus Regulation was publicly distributed by HHS last week with today, January 25, being the official publication date. The requirements are effective as of March 26, 2013 with a compliance deadline for almost...more

1/28/2013 - Business Associates Compliance Compromised Information Data Breach Data Protection HHS HIPAA HIPAA Omnibus Rule OCR PHI

Health Law: OCR Has Been Busy - New Rules and Ability to Release Information in an Emergency

On Jan. 15, Leon Rodriguez, Director of the Office of Civil Rights, released a letter to the nations’ healthcare providers reiterating adherence to what many commonly refer to as the Tarasoff standard....more

1/22/2013 - Data Breach Data Protection GINA HHS HIPAA HITECH Notice Requirements OCR PHI Privacy Policy Tarasoff Standard

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