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Administrative Law › Health Law › Privacy

Read Administrative Law updates, alerts, news, and legal analysis from leading lawyers and law firms:

News & Analysis as of May 20, 2013

The Harlow Group LLC

HIPAA Omnibus Final Rule - What's in it for Patients?

by The Harlow Group LLC on 2/1/2013

The Final Rule offers significant changes to patient rights and patient protections. (There is much more to the rule, but other aspects are not addressed in this post. Here you may find a link to the HIPAA Omnibus Rule, a...more

The Harlow Group LLC

HIPAA Omnibus Rule - Google+ Hangout

by The Harlow Group LLC on 1/23/2013

For a first look at the HIPAA omnibus rule, I had a Google+ Hangout on Air with Brian Ahier and Deven McGraw. We talked through the changes made to the privacy and security rules, the breach notification rule, the enforcement...more

Mintz Levin - Privacy & Security

Finally! HHS Office of Civil Rights Releases HIPAA Omnibus Rule With Sweeping Changes to Compliance Requirements and Enforcement

by Dianne Bourque, Stephanie Willis | Mintz Levin - Privacy & Security on 1/18/2013

The final regulations from Department of Health and Human Services Office of Civil Rights (OCR) containing modifications to the HIPAA Privacy, Security, Enforcement, and Breach Notification Rules (Omnibus Rule) have finally...more

Davis Brown Law Firm

Health Law Blog: Final HIPAA Rules Released

by Susan J. Freed | Davis Brown Law Firm on 1/18/2013

Yesterday, the U.S. Department of Health and Human Services (HHS) released the long-awaited final rules implementing changes to the HIPAA privacy and security rules enacted in 2009 by the HITECH Act....more

BakerHostetler

The HIPAA/HITECH Final Rule Has Been Released

by Theodore Kobus III | BakerHostetler on 1/18/2013

The long awaited HIPAA/HITECH Final Rule is out. The final rule is effective March 26, 2013, but covered entities (CEs) and business associates (BAs) will have 180 days beyond the effective date to come into compliance....more

Poyner Spruill LLP

Brace for Impact – Final HITECH Rules Will Require Substantially More Breach Reporting

by Elizabeth Johnson | Poyner Spruill LLP on 1/18/2013

HHS has finally issued its omnibus HITECH Rules. Our firm will issue a comprehensive summary of the rules shortly, but of immediate import is the change to the breach reporting harm threshold. The modification will make it...more

Michael Volkov

Hospitals Need To Focus On Data Privacy And Security

by Michael Volkov on 1/18/2013

To restate the obvious, hospitals operate in a risky environment. They face a variety of risks and a blanket of government regulations. You have to admire the Chief Compliance Officer at a hospital. They learn to live with...more

Michael Volkov

Hospitals Need To Focus On Data Privacy And Security

by Michael Volkov on 1/18/2013

To restate the obvious, hospitals operate in a risky environment. They face a variety of risks and a blanket of government regulations. You have to admire the Chief Compliance Officer at a hospital. They learn to live with...more

King & Spalding

First HHS OCR Settlement for HIPAA Breach Involving Less Than 500 Patients Sends Message to Providers

by King & Spalding on 1/15/2013

On January 2, 2013, HHS announced that the Hospice of North Idaho (HONI) agreed to pay $50,000 and enter into a Corrective Action Plan (CAP) as part of a settlement involving a breach of unsecured electronic protected health...more

Michael Volkov

Audits, Audits And More Audits: Life In The Healthcare Industry

by Michael Volkov on 1/13/2013

Healthcare suppliers and service providers live in a regulated world. They are constantly under audit scrutiny. Sometimes federal agencies (i.e private contractors) conduct the audits; other times state agencies conduct the...more

Burr & Forman

Labor & Employment E-Note - January 2013

by Burr & Forman on 1/11/2013

In This Issue: - NLRB Protects Workers' Rights to Post About Job on Facebook - 6 States Ban Companies from Asking for Social Media Passwords - Health Law Requires Employers to Offer Family Care to All - Fiscal...more

Patrick Malone & Associates P.C. | DC Injury...

Getting the Best Medical Care: a Newsletter from Patrick Malone - January 2013

by Patrick Malone & Associates P.C. | DC Injury... on 1/11/2013

In This Issue: - Six Things to Think About as Technology Advances - For More Information - Recent Health Care News You Should Know About - Check Out Our Previous Tips - Deep Thoughts for the New Year: Ethical...more

Burr & Forman

Birmingham Medical News: Make A New Year's Resolution To Review And Update Your Corporate Compliance Plan

by Kelli Carpenter Fleming | Burr & Forman on 1/9/2013

Originally published in Birmingham Medical News, on January 7, 2013. Around this time each year, I like to remind my clients about matters they can address at the beginning of each year--a New Year's Resolution for the...more

Foley & Lardner LLP

First-Ever HIPAA Settlement Involving Fewer Than 500 Patients Announced

by Danna Carmi, M. Leeann Habte, Peter McLaughlin, Richard Rifenbark, R. Michael Scarano Jr. | Foley & Lardner LLP on 1/8/2013

On January 2, 2013, the U.S. Department of Health and Human Services (HHS) announced a settlement with the Hospice of North Idaho (HONI) for potential HIPAA violations....more

Morgan Lewis

OCR Reaches $50,000 Settlement with Hospice for Small Data Breach

by Heather Deixler, W. Reece Hirsch, Howard Young | Morgan Lewis on 1/8/2013

Enforcement action sends a strong message to the healthcare industry and reaffirms the need for security risk analysis and mobile-device security policies and procedures....more

Ober|Kaler

Guidance on De-Identified Protected Health Information Offers In-depth Instruction on Technical Issues

by Joshua Freemire, James Wieland | Ober|Kaler on 1/8/2013

The HITECH Act required the Secretary of Health and Human Services to publish a number of “Guidance” documents to inform the health care industry and its advisors about practical aspects of HIPAA compliance and HITECH...more

Ober|Kaler

Are Your Mobile Devices HIPAA Compliant? Practical Steps to Ensure Compliance

by Sarah E. Swank | Ober|Kaler on 1/7/2013

Mobile device use is becoming more commonplace in health care. Health care professionals use text messaging to communicate with each other about patient status. Medical schools now provide residents tablets to use as...more

BakerHostetler

OCR's Breach Settlement the First Ever Involving Less than 500 Patients

by Cory Fox | BakerHostetler on 1/7/2013

OCR started 2013 with a bang by announcing that it had reached “the first settlement involving a breach of unprotected electronic protected health information (ePHI) affecting fewer than 500 individuals” with the Hospice of...more

Proskauer - Privacy & Data Security

Keep An Eye On Those Shiny, New Mobile Devices!

by Ryan Blaney | Proskauer - Privacy & Data Security on 1/7/2013

As physicians, nurses, therapists and health care providers continue to utilize new smart phones, tablets, and laptops in caring for patients, the Department of Health and Human Services (“HHS”) has responded with educational...more

Ober|Kaler

First OCR Settlement Involving a “Small” Breach Focuses on Mobile Device Security

by Joshua Freemire, James Wieland | Ober|Kaler on 1/7/2013

In what is best understood as a follow-up to both the recent settlement with MEEI and the release of its mobile device security guidance, HHS OCR recently released details of a settlement reached with the Hospice of Northern...more

Pepper Hamilton LLP

De-Identifying Protected Health Information: OCR Issues Long-Awaited Guidance

by Sharon Klein, Anne Davies Newman | Pepper Hamilton LLP on 1/5/2013

The HIPAA Privacy Rule is intended to protect individually identifiable health information by limiting its use and disclosure. But the Privacy Rule expressly permits the de-identification of that information, and in doing so...more

Trenam Kemker

First HIPAA Breach Settlement Involving Less Than 500 Patients Announced

by Michael Igel | Trenam Kemker on 1/4/2013

ALL PROVIDERS ARE OFFICIALLY ON NOTICE. In a move that signals just how seriously the federal government is taking its enforcement of the Health Insurance Portability and Accountability Act of 1996 (HIPAA), the U.S....more

Mintz Levin - Health Law

First OCR Resolution for Data Breach Involving Less than 500 Patients: No Breach is “Too Small”

by Stephanie Willis | Mintz Levin - Health Law on 1/4/2013

The Department of Health and Human Services, Office for Civil Rights (OCR) reached its first settlement for a breach involving data regarding less than 500 individuals. Under the December 2012 settlement, the Hospice of...more

Davis Wright Tremaine LLP

Small Data Breach Leads to $50,000 HHS Settlement for Hospice

by Adam H. Greene | Davis Wright Tremaine LLP on 1/3/2013

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

BakerHostetler

Reminder Annual OCR Breach Reporting is Due March 1, 2013

by Lynn Sessions | BakerHostetler on 1/2/2013

The breach notification interim final rule requires covered entities to submit to the Office for Civil Rights (OCR) notice of breaches of unsecured protected health information (PHI) (45 C.F.R. 164.408) by March 1, 2013....more

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