News & Analysis as of September 18, 2024

HITECH Act

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Business Associates can refer broadly to individuals engaged in business relationships with one another. However, in the HIPAA context, the term has a specific statutory meaning and those characterized as business associates have expanded data protection obligations and duties. Essentially, a business associate under HIPAA is a person or entity that performs certain functions or services which necessitates exposure to protected health information on behalf of a covered entity. Typical business associate functions include: claims processing or administration, data analysis, billing, etc. less -

HHS OCR Provides Annual Report to Congress Detailing 2022 Enforcement Activities

BakerHostetler on 3/19/2024

On Feb. 16, the U.S. Department of Health and Human Services (HHS) Office for Civil Rights (OCR) published its 2022 Annual Report to Congress. ...more

OCR: Current Fines Too Low to Spur Compliance; Agency Also Seeks Funding Boost, Injunctive Relief

Health Care Compliance Association (HCCA) on 5/6/2022

Report on Patient Privacy 22, no. 5 (May, 2022) - Compared to other agencies, the HHS Office for Civil Rights (OCR) is a little fish in the big federal pond, but it has an outsize effect on HIPAA covered entities (CEs) and...more

HHS Releases Guidance on Direct Liability for Business Associates Under HIPAA

Jones Day on 6/21/2019

The Situation: On May 24, 2019, the Department of Health and Human Services ("HHS") issued a new fact sheet clarifying business associates' direct liability for violations of the Health Insurance Portability and...more

HHS Decreases Maximum HIPAA Penalties

Ballard Spahr LLP on 5/6/2019

The Department of Health and Human Services has announced that it is lowering the maximum amount it will assess for most types of HIPAA violations. Although the change is couched as an exercise of discretion, HHS states that...more

Cybersecurity, Inside Jobs, Outside Jobs, and HIPAA

Sheppard Mullin Richter & Hampton LLP on 3/15/2019

According to a February 12, 2019 Press Release from Protenus, a developer of analytics for patient privacy monitoring and compliance, 15,085,302 patient records were breached in 2018 – a startling number made even more...more

HIPAA Check: Do You Know What to Do if a Breach Happens to You?

Williams Mullen on 11/8/2017

Breaches happen. They happen to major health systems, and they happen to solo practitioners. They happen to health plans, and they happen to health information technology vendors. In our technology-reliant world, it would be...more

Enhanced HHS HIPAA Breach Reporting Tool May Aid Health Care Industry Data Security Efforts

Jackson Lewis P.C. on 9/8/2017

Secretary Tom Price of the U.S. Department of Health and Human Services (HHS) announced his agency needs “to focus more on the most recent breaches and clarify when entities have taken action to resolve the issues that might...more

HHS Publishes New Guidance on HIPAA and Cloud Computing

Stinson LLP on 10/27/2016

The U.S. Department of Health and Human Services Office for Civil Rights (OCR) has issued a new guidance regarding HIPAA compliance and the use of cloud computing solutions. The guidance is intended to assist covered entities...more

OCR Begins HIPAA Phase 2 Audits

Morgan Lewis on 7/19/2016

What covered entities and business associates can do to prepare for the next round of audits. On July 11, the HIPAA Phase 2 audits commenced when 167 covered entities received notice of a desk audit from the Department...more

What's New with HIPAA?

Holland & Knight LLP on 5/16/2016

A number of new developments have taken place related to Health Insurance Portability and Accountability Act (HIPAA) privacy and security compliance, and enforcement is increasing. Healthcare providers, health plans and other...more

Department of Health and Human Services Cracks Down on Vendor Oversight in Recent Hospital Settlements

Patterson Belknap Webb & Tyler LLP on 4/26/2016

From the rise in ransomware attacks to inadvertent disclosure of information by subcontractors, the health services industry is reminded that a potential consequence of a data breach is the threat of a regulatory enforcement...more

How Recent Cybersecurity Government Publications Impact HIPAA Security Compliance and the New Audit Initiative

Winstead PC on 4/7/2016

Cybersecurity Impacts on HIPAA Security Compliance and the New Audit Initiative - New Audit Initiative Items to Watch - While The HHS Office for Civil Rights recently announced its intent to perform a second...more

HHS OCR Announces Launch Of Long-Awaited Phase 2 HIPAA Audit Program

King & Spalding on 4/4/2016

On March 21, 2016, the U.S. Department of Health and Human Services (“HHS”) Office for Civil Rights (“OCR”) announced the launch of its Phase 2 HIPAA compliance audits pursuant to which it will audit covered entities and...more

OCR Launches Phase 2 of HIPAA Audits

Morgan Lewis on 3/25/2016

Five suggested steps healthcare organizations and their contractors should take to prepare. On March 21, the Office of Civil Rights (OCR) of the Department of Health and Human Services launched Phase 2 of the HIPAA Audit...more

HIPAA Compliant Technology and the Importance of Encryption

Foley Hoag LLP - Security, Privacy and the... on 2/24/2015

We welcome this guest blog by Gene Fry, Compliance Officer, Scrypt, Inc. The Health Insurance Portability and Accountability Act (HIPAA) sets the standard for protecting sensitive patient data. This means that any...more

OCR to Begin Phase 2 of HIPAA Audit Program

McDermott Will & Emery on 7/30/2014

The U.S. Department of Health and Human Services’ Office for Civil Rights (OCR) will soon begin a second phase of audits (Phase 2 Audits) of compliance with Health Insurance Portability and Accountability Act of 1996 (HIPAA)...more

Breach Notification: New Rules!

Davis Wright Tremaine LLP on 8/5/2013

If you sponsor a group health plan that is subject to the HIPAA Privacy and Security Rules, it is time to review and revise your policies and procedures and re-train your employees regarding the proper procedures when...more

Final HIPAA Regulations Impact Group Health Plans

Dechert LLP on 5/30/2013

The Health Insurance Portability and Accountability Act of 1996 (“HIPAA”) sets forth rules to protect the privacy and security of individuals’ health information that is held by “covered entities,” such as group health plans....more

What We Need to Do to Comply with the Final HIPAA Rule: A Summary of the Privacy Obligations for Health Care Providers, Health...

Winstead PC on 3/19/2013

On January 25, 2013, the U.S. Department of Health and Human Services (HHS) published the highly anticipated Omnibus Rule, which makes extensive changes (as promulgated by the Health Information Technology for Economic and...more

HITECH and HIPAA: The Final Rule

Baker Donelson on 3/14/2013

The final rule implementing new obligations under HITECH and changing obligations under HIPAA is finally out. Covered entities and business associates need to come into compliance with these requirements by September 23,...more

Highlights of the Omnibus HIPAA/HITECH Final Rule

Cozen O'Connor on 3/7/2013

On January 25, 2013, the Office of Civil Rights (OCR) of the Department of Health & Human Services (HHS) published the long-awaited omnibus final regulation governing health data privacy, security and enforcement (Omnibus...more

Final HIPAA/HITECH Rules: Compliance Actions for Employee Benefit Plans

Poyner Spruill LLP on 3/5/2013

The Department of Health and Human Services recently released final regulations modifying the HIPAA Privacy, Security Breach Notification and Enforcement Rules (the “Omnibus Rule”). These regulations have far-reaching effects...more

Special Edition: Health Law Update - February 28, 2013

BakerHostetler on 3/1/2013

In This Issue: - A Baker's Dozen of Significant Changes From the HIPAA/HITECH Rule 1. Business Associates and Subcontractors 2. Breach Notification 3. Covered Entity Organizational Structures 4. Cloud...more

New HIPAA Omnibus Regulations – What Employers Who Sponsor Group Health Plans Need to Know to Comply

Snell & Wilmer on 2/22/2013

On January 25, 2013, the Department of Health and Human Services (HHS) published final regulations that modify the Privacy, Security, Enforcement and Breach Notification Rules issued pursuant to the Health Insurance...more

OCR Issues Final Modifications to the HIPAA Privacy, Security, Breach Notification and Enforcement Rules to Implement the HITECH...

McDermott Will & Emery on 2/21/2013

On January 25, 2013, the Office for Civil Rights (OCR) of the U.S. Department of Health and Human Services (HHS) published a final rule (Final Rule) containing modifications to the privacy standards (Privacy Rule), security...more

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