Covered Entities

News & Analysis as of

Major Changes To Nondiscrimination Requirements Under ACA Effective Soon: Are Covered Entities Ready?

The HHS Office of Civil Rights (“OCR”) published a final rule May 18, 2016, broadening the nondiscrimination requirements applicable to all health programs and activities receiving federal financial assistance from HHS, those...more

New Healthcare Regulations Impose Accessible Technology Requirements

Seyfarth Synopsis: New Affordable Care Act and Medicaid Regulations will require covered entities providing health care programs and services have accessible electronic information technology, including accessible...more

Incentive Compensation Back Under the Regulatory Spotlight

Six U.S. federal agencies in late April and May revised and re-proposed rules that were originally proposed in 2011, to govern the incentive compensation practices at financial institutions with consolidated assets of at...more

Charges for Medical Records: Are You Compliant with HIPAA?

Through a series of releases in the first half of 2016, HHS Office for Civil Rights (“OCR”) issued guidance on the individual right of access to protected health information (“PHI”) provided under HIPAA. One topic with...more

HIPAA Enforcement on the Rise

After a number of years of little HIPAA enforcement activity, the tides appear to be turning. From September 2015 through April 2016, HIPAA settlements have averaged more than one a month. The dollar amounts involved are...more

Chicago City Council Approves Ordinance to Provide Paid Sick Leave

The Chicago City Council unanimously approved an ordinance, effective on July 1, 2017, requiring employers to provide employees with up to 40 hours of paid sick leave per year. Mayor Rahm Emanuel is expected to sign the...more

Chicago City Council Passes Paid Sick Leave Ordinance

Effective July 1, 2017, an amendment to the Chicago Minimum Wage Ordinance (2-25-050) requires employers in the City of Chicago to provide eligible employees up to 40 hours of paid sick leave in each 12-month period of their...more

Final Rule Issued on ACA’s Non-Discrimination Provision for Federally Funded Programs

Section 1557 of the Affordable Care Act (“ACA”), in effect since 2010, prohibits discrimination in any federally funded health program on the basis of race, national origin, sex, age, or disability. The Department of Health...more

OCR Warns of HIPAA Risks in Third-Party Apps

The U.S. Department of Health and Human Services Office for Civil Rights (OCR) recently issued a warning regarding vulnerabilities in third-party applications used by entities covered by HIPAA. The OCR warning applies...more

HHS Issues HIPAA Guidance for Mobile Health Apps

The U.S. Department of Health and Human Services (HHS) recently issued guidance to help mobile application developers analyze whether the Health Insurance Portability and Accountability Act of 1996 (HIPAA) may apply to them....more

Reexamining HIPAA’s Applicability During Emergencies After the Tragedy in Orlando

Immediately following Sunday’s tragic shooting at a nightclub in Orlando, friends and family frantically gathered at Orlando Regional Medical Center, attempting to get information about their loved ones. However, hospital...more

Summary: Final Rule on Nondiscrimination in Health Programs and Activities

Section 1557 of the Affordable Care Act (“ACA”) establishes a broad prohibition on discrimination on the basis of race, color, national origin, sex, age or disability in health programs and activities. After almost 3 years of...more

HIPAA Heats Up

Despite the issuance of the Omnibus Final Rule in 2013, HIPAA enforcement activity has remained relatively light—until recently. Indeed, compared to just a few settlements a year for the first decade that HIPAA was in force,...more

Burr Alert: Phase 2 HIPAA Audits

In an effort to review and examine compliance with the Health Insurance Portability and Accountability Act of 1996 and its implementing regulations ("HIPAA"), the Department of Health and Human Services Office for Civil...more

OCR Clarifies Parameters of Covered Entities' Fees for PHI Copies

The Office for Civil Rights (OCR) recently released new guidance and FAQs (OCR Guidance) addressing individuals’ rights to access their protected health information (PHI) under the Health Insurance Portability and...more

NYCCHR Issues Info Card Regarding Discrimination Based on Gender Identity and Expression

Seyfarth Synopsis: The New York City Commission on Human Rights has issued a Gender Identity and Expression “Info Card,” expanding on its recent enforcement guidance, and reminding covered entities that they must permit...more

HHS Finalizes ACA Nondiscrimination Protections for HHS Programs

The Department of Health and Human Services (HHS) has published a final rule implementing Section 1557 of the Affordable Care Act (ACA), which prohibits discrimination on the basis of race, color, national origin, sex, age,...more

Study Finds Widespread HIPAA Violations Occurring on Yelp

It is no secret that the Health Insurance Portability and Accountability Act (HIPAA) is a trap for the unwary. A recent study by the non-profit ProPublica has uncovered that the online review site Yelp (as well as other...more

OCR Clarifies confusion with the $6.50 flat fee charge for PHI

In response to several questions received after the U.S. Department of Health and Human Services (HHS) Office of Civil Rights (OCR) published a fact sheet in early 2016 on individuals’ rights to access protected health...more

HHS Issues Final ACA Nondiscrimination in Health Programs and Activities Regulation

In Depth - On Friday, May 13, 2016, the US Department of Health and Human Services (HHS) Office for Civil Rights (OCR) finalized regulations that provide explicit protections from discrimination on the basis of gender...more

New ADA and GINA Wellness Regulation Changes Complicate Wellness Program Compliance Analysis and Risks

Wellness programs should all be reviewed considering the Americans with Disabilities Act (“ADA”) and the Genetic Information Nondiscrimination Act (“GINA”) regulatory changes because noncompliance with the new requirements do...more

Groundbreaking Healthcare Nondiscrimination Rule Issued by HHS: What It Means for Covered Entities

HHS late last week issued a Final Rule prohibiting discrimination in healthcare on the basis of race, color, national origin, sex, age or disability. The Rule also broadens protection for individuals with limited English...more

Check Your Inbox: OCR Continues to Verify Entity Contact Information for Phase 2 HIPAA Audits

Covered Entities need to continue to check their inboxes for emails from the HHS Office for Civil Rights (“OCR”) requesting verification of contact information in connection with Phase 2 of the HIPAA Audit Program. OCR...more

Coming Soon to Your Inbox! Phase 2 of OCR's Audit Program for HIPAA Compliance

On March 21, 2016, the Office of Civil Rights (OCR) in the Department of Health and Human Services (HHS) announced that it was ready to begin Phase 2 of its audit program for HIPAA compliance, which will include auditing...more

Agencies Issue Proposed Regulations on Incentive-Based Compensation

In late April and early May, the National Credit Union Administration, Federal Deposit Insurance Corporation, Federal Housing Finance Agency, the Board of Governors of the Federal Reserve System, Officer of the Comptroller of...more

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