Covered Entities

News & Analysis as of

Outdated Business Associate Agreement Leads to Another Six-Figure HIPAA Settlement

On September 23, 2016, the U.S. Department of Health and Human Services (HHS) Office for Civil Rights (OCR) announced that Care New England Health System (CNEHS) agreed to pay $400,000 and enter into a corrective action plan...more

New York DFS Announces New Proposed Cybersecurity Regulations

On September 13, 2016, the New York State Department of Financial Services (“DFS”) released proposed cybersecurity regulations for financial institutions.1 When the regulations become effective, they will make New York the...more

As Goes New York So Goes The Nation? Ten Highlights From New York’s Proposed Cybersecurity Rules For Banks, Insurance and...

In a presidential election year, Americans are often reminded that “As Ohio goes, so goes the nation.” When it comes to banks, insurers and financial institutions, it may be equally true to say “As goes New York, so goes the...more

New Nondiscrimination Rules Impact Health Care Providers and Health Plans

Earlier this year, the Department of Health and Human Services (“HHS”) finalized regulations under Section 1557 of the Patient Protection and Affordable Care Act (the “ACA”). Section 1557 prohibits certain “covered entities”...more

New York State Department of Financial Services Proposes Cybersecurity Regulations for Financial Services Companies

If the New York State Department of Financial Services (“DFS”) has its way, come January 1, 2017, financial services companies that require a form of authorization to operate under the banking, insurance, or financial...more

Healthcare Data Breach Enforcements and Fines At A Glance

The Department of Health and Human Services’ (“HHS”) Office for Civil Rights (“OCR”) is responsible for enforcing the Privacy and Security Rules of the Health Insurance Portability and Accountability Act of 1996 (“HIPAA”)....more

New York Raises the Bar – Will Other States Follow?

On September 13, 2016, the New York Department of Financial Services (DFS) proposed new first-in-the-nation cybersecurity regulations (Regulations) that would require banks and other financial institutions to adopt minimum...more

Taking Measure of HIPAA Enforcement

Last month, the U.S. Department of Health and Human Services, Office for Civil Rights (OCR) announced the largest settlement to date for alleged violations of the Health Insurance Portability and Accountability Act (HIPAA)....more

NYDFS: “First-In-The-Nation” Cybersecurity Proposal

New “first-in-the-nation” cybersecurity rules in the pipeline for banks, insurers, and financial services companies regulated in New York could prove costly for companies, but will they improve cybersecurity?...more

Nondiscrimination Final Rule under the ACA Imposes New Requirements on Hospice Agencies

On May 26, 2016, the United States Department of Health and Human Services (HHS), Office of Civil Rights (OCR), issued the “Nondiscrimination in Health Programs and Activities” final rule, implementing Section 1557 of the...more

Causes of Healthcare Data Breaches

Pursuant to the Health Insurance Portability and Accountability Act of 1996 (“HIPAA”), covered entities (e.g. healthcare providers and health plans) must notify the Department of Health and Human Services (“HHS”) of breaches...more

Nondiscrimination Standards Under ACA Section 1557: Now Is the Time to Act

Health insurers and group health plan sponsors must closely review the final rule titled “Nondiscrimination in Health Programs and Activities” (“Final Rule”) implementing Section 1557 of the Affordable Care Act (“ACA”) that...more

New York State Proposes New Cybersecurity Regulation

The New York State Department of Financial Services (“DFS”) has proposed a new regulation imposing significant new cybersecurity requirements on banks, insurance companies, and other financial services institutions regulated...more

Privacy & Cybersecurity Update: New York State Proposes Cybersecurity Regulation for Financial Institutions

New York state has proposed a new regulation — to go into effect January 1, 2017 — that would require banks, insurance companies and other financial services institutions regulated by the New York State Department of...more

Health Care Employers Heads Up: What You Need to Know About Section 1557 of the Affordable Care Act

As the current presidential administration winds up its time in office, the administrative branch is hard at work completing its regulatory agenda. Part of this effort is implementing Section 1557 of the Affordable Care Act...more

US vs EU Margin Rules: Comparative Summary as of September 1, 2016

New guide lays out the margin requirements for uncleared derivative transactions in a user-friendly comparative table. Please see full Guide below for more information....more

OCR Continues to Strengthen HIPAA Enforcement Efforts

The United States Department of Health and Human Services Office for Civil Rights ("OCR") sent a strong HIPAA enforcement message this summer, entering four resolution agreements, including the highest financial settlement to...more

Changing Legal Landscape in Transgender Health Coverage

Gender identity and transgender rights have come to the forefront in the news over the past few years. While the case law is more settled with respect to transgender discrimination in the workplace, not much guidance is...more

Business Associates Beware! OCR Means Business

In June 2016, OCR entered into its first settlement agreement with a business associate, Catholic Health Care Services of the Archdiocese of Philadelphia (“CHCS”), for potential violations of the HIPAA Laws by failing to...more

OCR Sets Sights on Smaller HIPAA Breaches

Covered entities and business associates can expect increased scrutiny for breaches of unsecured protected health information affecting fewer than 500 individuals. Starting August 2016, the U.S. Department of Health and Human...more

OCR Announces Initiative to Amplify Investigations of Breaches Affecting Fewer than 500 Individuals

Taking another step toward more aggressive enforcement under the Health Insurance Portability and Accountability Act (“HIPAA”), on August 18, 2016, the U.S. Department of Health & Human Services (“HHS”) Office for Civil...more

HHS OCR Offers New Materials for Covered Entities to Promote Compliance with the Affordable Care Act’s Nondiscrimination...

Hospitals, health clinics, health insurance issuers, State Medicaid agencies, community health centers, physician practices, home health care agencies and certain other health care and coverage providers are now subject to...more

Upcoming Benefit Plan Deadlines

As the end of the calendar year approaches, so does the fiscal year or “plan year” for many employee benefit plans. Between complying with continuing annual deadlines while integrating new rules and regulations, employers...more

OCR: No privacy breach is too small

The Office for Civil Rights (OCR) HIPAA enforcement efforts are continuing to increase. This year, the OCR has already announced 10 HIPAA enforcement actions involving fines, which is a 67 percent increase from last year and...more

No HIPAA Hall Pass for Business Associates and Small Breaches

Phase 2 Audits of Business Associates: The Department of Health and Human Services, Office for Civil Rights (OCR) is in the process of conducting its phase 2 audits of Covered Entities and Business Associates. “Covered...more

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