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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... more +
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 -
Goodwin

HHS-OCR Publishes Final HIPAA Privacy Rule Expanding Reproductive Health Care Privacy and Further Supporting Patient...

Goodwin on

On April 26, 2024, almost a year after issuing a notice of proposed rulemaking to modify the Privacy Rule, the US Department of Health and Human Services (HHS) Office for Civil Rights (OCR) finalized the HIPAA Privacy Rule to...more

Holland & Knight LLP

HIPAA Breach Notice Can Be Delegated to Change Healthcare

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After months of uncertainty and multiple letters from industry associations advocating on behalf of the healthcare industry with the U.S. Department of Health and Human Service (HHS) Office for Civil Rights (OCR), covered...more

BCLP

New HHS Guidance on Cookies

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On March 18, 2024, the Office of Civil Rights (“OCR”) within the Department of Health and Human Services (“HHS”) updated prior guidance concerning the use of online tracking technologies, including cookies, by Covered...more

Epstein Becker & Green

HHS Publishes Final Rule to Support Reproductive Health Care Privacy

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The Supreme Court’s 2022 decision in Dobbs v. Jackson Women’s Health Organization to eliminate the federal constitutional right to abortion continues to alter the legal landscape across the country. On April 26, 2024, the...more

Holland & Knight LLP

What HIPAA Security Rule Surprises Await Healthcare Providers for the Second Half of 2024?

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The U.S. Department of Health and Human Services (HHS) Office for Civil Rights (OCR) has, as part of its mandate, the responsibility to enforce the Health Insurance Portability and Accountability Act (HIPAA) Security Rule....more

Health Care Compliance Association (HCCA)

‘I Will Not Rest’; ‘I Am All In’: Remarkable Breach Hearing Sees Pledges by UHG CEO, Sen. Wyden

Health Care Compliance Association (HCCA) on

United Healthcare Group (UHG) CEO Andrew Witty was in a board meeting on Feb. 21 when officials interrupted with the news that Change Healthcare—a clearinghouse UHG subsidiary Optum had purchased for $1.3 billion in October...more

Health Care Compliance Association (HCCA)

Privacy Briefs: May 2024

Health Care Compliance Association (HCCA) on

Kaiser Permanente is notifying 13.4 million current and former members that their personal information may have been compromised when it was transmitted to tech giants Google, Microsoft Bing and X (formerly Twitter) when...more

Wilson Sonsini Goodrich & Rosati

OCR at HHS Updates Guidance on Use of Online Tracking Technology by HIPAA-Regulated Entities

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On March 18, 2024, the Office for Civil Rights (OCR) at the U.S. Department of Health and Human Services (HHS) updated its guidance on the use of online tracking technology by covered entities regulated by the Health...more

Health Care Compliance Association (HCCA)

[Event] Healthcare Privacy Compliance Academy - July 15th - 18th, Charlotte, NC

Health Care Compliance Association (HCCA) on

Ideal for professionals with some compliance knowledge and experience, HCCA’s Healthcare Privacy Compliance Academy offers practitioners a deeper understanding of effective compliance management in a healthcare setting. The...more

Dorsey & Whitney LLP

HIPAA on the Horizon in the New Year: Important Lessons from an Active 2023 and Regulatory Initiatives to Watch for in 2024

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2023 marked 20 years since the first compliance deadline under the Health Insurance Portability and Accountability Act’s (“HIPAA”) privacy rule. Despite the two decades of experience with HIPAA, compliance continues to remain...more

Saul Ewing LLP

Business Associate Agrees to $100,000 Settlement Following Cyber Attack

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On Halloween, the U.S. Department of Health and Human Services (HHS), Office for Civil Rights (OCR) announced a $100,000 settlement under the Health Insurance Portability and Accountability Act (HIPAA) with Doctors’...more

Health Care Compliance Association (HCCA)

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

Health Care Compliance Association (HCCA) on

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

Health Care Compliance Association (HCCA)

Facing Escalating Attacks, AHA Presses OCR to Expedite Security Practices Rule

Health Care Compliance Association (HCCA) on

Report on Patient Privacy 21, no. 12 (December, 2021) - Amid the letters of congratulations to new HHS Office for Civil Rights (OCR) Director Lisa Pino is a plea from the American Hospital Association (AHA): “victims” of...more

Health Care Compliance Association (HCCA)

OCR Investigator: Goal Is to Uncover ‘Root Cause,’ Remedy Harm From Violations

Health Care Compliance Association (HCCA) on

Report on Patient Privacy 21, no. 5 (May 2021) - Given the hundreds of thousands of HIPAA covered entities (CEs) and business associates (BAs) and the two dozen or so enforcement actions the HHS Office for Civil Rights...more

NAVEX

4 Ways to Protect ePHI Beyond HIPAA Compliance

NAVEX on

Given the choice between credit card data and digital health records, cybercriminals prefer the latter. A stolen credit card can be canceled. Electronic protected health information (ePHI) with its treasure-trove of...more

McGuireWoods LLP

HHS Expands HIPAA Enforcement Discretion During COVID-19

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The Department of Health and Human Services (HHS) Office for Civil Rights (OCR) has issued further notifications of enforcement discretion related to compliance with the Health Insurance Portability and Accountability Act of...more

Manatt, Phelps & Phillips, LLP

Massive Data Breach Underscores Importance of Business Associate Security

Manatt, Phelps & Phillips, LLP on

It is no surprise that healthcare data breaches are on the rise. The number of annual health data breaches increased 70% the past seven years, with 75% of the breached, lost or stolen records—132 million—being breached by a...more

Fox Rothschild LLP

Too Much (Protected Health) Information Exposed + Too Little Response = $3M And Corrective Action Plan For Medical Imaging Company

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“TMI” usually means “too much information”, but it was used aptly by the Office for Civil Rights (OCR) as an acronym for a covered entity that exposed protected health information (PHI) of more than 300,000 patients through...more

Baker Donelson

Protecting LTC Residents' PHI: Eight Tips for Avoiding a Data Breach

Baker Donelson on

Organizations that meet the definition of "covered entity" under the Health Insurance Portability and Accountability Act of 1996 and its implementing regulations (HIPAA) must be diligent to maintain the privacy and security...more

Shumaker, Loop & Kendrick, LLP

Client Alert: The Lack of an Adequate HIPAA Security Risk Assessment is a Common and Costly Mistake by Healthcare Providers: What...

Shumaker, Loop & Kendrick, LLP on

Health care providers and others who must comply with the Health Insurance Portability and Accountability Act of 1996 (“HIPAA”) have specific requirements under the Security Rule to HIPAA when it comes to their mainte-nance...more

Fox Rothschild LLP

HIPAA Security And “Zero Day” Exploits: How To Stay Ahead Of The Hack

Fox Rothschild LLP on

HHS Office for Civil Rights (OCR)’s April 3, 2019 cybersecurity newsletter highlights one of the more challenging cybersecurity vulnerabilities faced by covered entities and business associates. OCR reminds covered entities...more

Sheppard Mullin Richter & Hampton LLP

Cybersecurity, Inside Jobs, Outside Jobs, and HIPAA

Sheppard Mullin Richter & Hampton LLP on

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

Locke Lord LLP

HIPAA Enforcement Update (January 1 –December 11, 2018)

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Throughout 2018, the Department of Health and Human Services, Office for Civil Rights (OCR) has announced seven settlement agreements and one civil monetary penalty to resolve allegations of Health Insurance Portability and...more

Jackson Lewis P.C.

A Trio Of OCR HIPAA Breach Resolutions: Is Your Organization HIPAA Compliant?

Jackson Lewis P.C. on

Over the past thirty days, the Office for Civil Rights (“OCR”) has reached three HIPAA breach resolutions, signaling to organizations that are covered entities and business associates under HIPAA, the importance of...more

Jackson Lewis P.C.

Is Your E-PHI Secure? ONC And OCR Update HIPAA Security Risk Assessment Tool

Jackson Lewis P.C. on

October 2018 marks the 15th annual National Cyber Security Awareness Month. In honor of this occasion, the Office of the National Coordinator for Health Information Technology (ONC) and the HHS Office for Civil Rights (OCR)...more

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