News & Analysis as of

Data Protection Business Associates HITECH Act

Locke Lord LLP

Office of Civil Rights Guidance on Recognized Security Practices Under the 2021 HITECH ‎Act Amendment

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Last year, Congress enacted an amendment to the HITECH Act in January 2021 (“HITECH Amendment”) to require that the Department of Health and Human Services (“HHS”) consider whether a covered entity or business associate has...more

Goodwin

The Potential Impact of State Abortion Laws on Reproductive Health Apps

Goodwin on

Millions of women use reproductive health applications (or “apps”) to track menstrual cycles, ovulation, and pregnancy. These apps provide women that use the rhythm method for birth control and women seeking to become...more

Health Care Compliance Association (HCCA)

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

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

Arnall Golden Gregory LLP

Recent OCR HIPAA Enforcement Actions and Request for Information on HITECH Implementation

Enforcement Actions - In its first announcement of enforcement actions in 2022, the U.S. Department of Health and Human Services (“HHS”) Office for Civil Rights (“OCR”) simultaneously announced the resolution of three...more

Wyrick Robbins Yates & Ponton LLP

Any Port in a Storm? OCR Seeks Comments on HIPAA “Safe Harbor” for Recognized Security Practices

Earlier this month, HHS’s Office for Civil Rights (OCR) issued a Request for Information (RFI) seeking comments on a statutory provision adopted last year that provides a quasi-safe harbor for entities that have voluntarily...more

Holland & Hart - Health Law Blog

Modified HIPAA Rules for Sending Records to Third Parties

Thanks to a federal judge, the Office for Civil Rights has modified its rules for sending records to third parties. Covered entities are no longer required by HIPAA to send non-electronic protected health information (“PHI”)...more

Miller Canfield

Understanding When Business Associates Are Directly Liable Under HIPAA

Miller Canfield on

New guidance issued by the U.S. Department of Health & Human Services (HHS) Office for Civil Rights (OCR) reaffirms that business associates must have proper HIPAA compliance practices, safeguards and documentation in place...more

Holland & Hart - Health Law Blog

Liability of Business Associates for HIPAA Penalties

The HITECH Act extended certain HIPAA obligations to business associates, including those entities that create, receive, maintain or transmit protected health information (“PHI”) on behalf of covered entities. Business...more

Jackson Lewis P.C.

Cost-Benefit Analysis 101 For Healthcare Providers

Jackson Lewis P.C. on

Nary a week goes by without news of a data breach by a healthcare provider…while there are certainly a good number of breaches resulting from a breach of cybersecurity defenses or from the wrongful exploitation of system...more

Jackson Lewis P.C.

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

Jackson Lewis P.C. on

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

Stinson LLP

HHS Publishes New Guidance on HIPAA and Cloud Computing

Stinson LLP on

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

McGuireWoods LLP

Just a Matter of Time: First-Ever Settlement of HIPAA Claims Against a Business Associate

McGuireWoods LLP on

On June 30, 2016, the Health and Human Services Office for Civil Rights (OCR) announced the first-ever settlement of Health Insurance Portability and Accountability Act (HIPAA) claims against a business associate. According...more

King & Spalding

OIG Reports Insufficient Oversight Of HIPAA Compliance

King & Spalding on

The HHS Office for Civil Rights (OCR) must improve its oversight and enforcement of patient information privacy and security rules by “covered entities” and their business associates under the Health Information Portability...more

Foley Hoag LLP - Security, Privacy and the...

HIPAA Compliant Technology and the Importance of Encryption

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

Davis Wright Tremaine LLP

Breach Notification: New Rules!

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

Wilson Sonsini Goodrich & Rosati

Cloud Storage Providers Storing Protected Health Information May Be Obligated to Comply with HIPAA Regulations

A recently issued government rule may unknowingly create significant liability and legal risk for many technology enterprises. The expanded definition of "business associates" and related interpretations by the Department of...more

BakerHostetler

HIPAA/HITECH Final Rule - Assessing Your Organization's Compliance Readiness

BakerHostetler on

The long awaited HIPAA/HITECH Final Rule became effective March 26, 2013, but covered entities, business associates and subcontractors will have until September 23, 2013, to fully comply. ...more

Sands Anderson PC

The HIPAA/HITECH Final Rule has arrived!

Sands Anderson PC on

If you are a health care provider and/or someone who routinely performs work involving patient health information on behalf of a health care provider, you likely need to know about the HIPAA/HITECH Final Rule....more

Poyner Spruill LLP

Scripts - April 2013

Poyner Spruill LLP on

In This Issue: - Key Provisions In the Final Omnibus HIPAA/HITECH Rules and What They Mean for You - NLRB and EEOC May Target Employer Efforts to Keep Employees Quiet During Internal Investigations -...more

Winstead PC

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

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

Baker Donelson

HITECH and HIPAA: The Final Rule

Baker Donelson on

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

Polsinelli

New HIPAA Regulations Require Action From Group Health Plans

Polsinelli on

On January 17, 2013, the U.S. Department of Health and Human Services (HHS) released final regulations under the Health Insurance Portability and Accountability Act (HIPAA), which implement changes made by the Health...more

McDermott Will & Emery

New HIPAA Regulations Require Action by Group Health Plans

Final HIPAA privacy and security regulations issued by the U.S. Department of Health and Human services will require action by group health plan sponsors by September 2013....more

Poyner Spruill LLP

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

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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

BakerHostetler

Special Edition: Health Law Update - February 28, 2013

BakerHostetler on

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

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