News & Analysis as of

EHR Office of Civil Rights

Holland & Knight LLP

Proposed HIPAA Changes to Promote Coordinated Care

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Privacy revisions under the Health Insurance Portability and Accountability Act (HIPAA) may be on the horizon, with some potential changes that could benefit both patients and the healthcare industry. Other changes, if...more

Health Care Compliance Association (HCCA)

[Event] Healthcare Privacy Compliance Academy - November 2nd - 5th, Nashville, TN

Dive into a broad spectrum of topics affecting healthcare organizations. Explore the latest laws, regulations, and developments to help you effectively manage your organization’s privacy compliance program. Our Academies are...more

Fox Rothschild LLP

New OCR Resource Adds Guidance On HIPAA And Direct-To-Consumer Health Apps

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A tricky issue for mobile health app developers since the Office for Civil Rights (OCR) released its first “Health App Use Scenarios & HIPAA” guidance back in 2016 has been deciphering whether the developer is a business...more

Faegre Drinker Biddle & Reath LLP

$100,000 HIPAA Settlement With Solo Physician Practice

Dr. Steven A. Porter, M.D., P.C. (Dr. Porter’s Practice) and the Office for Civil Rights (OCR) at the U.S. Department of Health and Human Service (HHS) entered into a $100,000 no-fault settlement agreement and two year...more

Health Care Compliance Association (HCCA)

Payment Dispute Triggered First 2020 OCR Settlement

Report on Patient Privacy 20, no. 3 (March 2020) - A gastroenterologist in Utah who felt he was being held captive by an electronic health record (EHR) vendor found his 2013 complaint to the HHS Office for Civil Rights...more

Health Care Compliance Association (HCCA)

Amid Release of Framework, HHS Pledges Access to Records, Privacy, Interoperability

Report on Patient Privacy 20, no. 2 (February 2020)  - The year is still young, but the federal government has announced a potentially far-reaching privacy effort that should catch HIPAA compliance officers’ attention. And...more

Akerman LLP - Health Law Rx

OCR Fee Limits for Third Party Directive Record Requests Struck Down

On January 28, 2020, the U.S. Department of Health & Human Services Office for Civil Rights (OCR) issued a notice (the OCR Notice) regarding individuals’ right of access to health records in response to a January 23, 2020...more

Troutman Pepper

Google Health's Partnerships Raise Privacy Concerns

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Google Health’s Partnerships Raise Privacy Concerns - Recently, Google has been at the center of privacy concerns due to its health- sharing collaborations with the University of Chicago Medical Center (the Medical Center)...more

Robinson+Cole Health Law Diagnosis

OCR Issues Five New HIPAA FAQs on Health Information Apps

On April 18, 2019, the Department of Health & Human Services Office for Civil Rights (OCR) issued five new FAQs addressing the applicability of HIPAA to the use of software applications (apps) by individuals to receive health...more

Holland & Knight LLP

New HIPAA Guidance for Medical App Developers

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The federal Department of Health and Human Services' Office for Civil Rights, which enforces HIPAA, maintains a website with very helpful "frequently asked questions" (FAQs) regarding the HIPAA Privacy Rule and Security Rule....more

McGuireWoods LLP

Huge Relief From eClinicalWorks Decision Not to Hold Customers Liable For Its Vendor’s Actions, But Providers Should Not Drop...

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There are inherent risks in any vendor relationship. In the healthcare industry, with myriad regulatory pitfalls, the stakes can be even higher. Several customers of the cloud-based electronic health record (EHR) software...more

Bass, Berry & Sims PLC

21st Century Cures Act - HIPAA & Other Privacy Considerations

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On December 13, 2016, President Obama signed the 21st Century Cures Act (the Cures Act) into law. The Cures Act addresses a wide range of healthcare topics including clinical research, treatment of mental health and substance...more

McDermott Will & Emery

OCR Explains How Information Blocking Violates HIPAA

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The US Department of Health and Human Services Office for Civil Rights recently posted guidance clarifying that a business associate such as an information technology vendor generally may not block or terminate access by a...more

Fenwick & West LLP

Digital Health Care Alert: Is Your Health Care App subject to HIPAA? The U.S. Department of Health & Human Services’ Office for...

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OCR’s Compliance Guidance for Health Care App Developers - The U.S. Department of Health & Human Services’ Office for Civil Rights (OCR) recently provided guidance (in the form of six “real-life” scenarios) to help...more

McDermott Will & Emery

SAMHSA Proposes Changes to Substance Use Disorder Treatment Confidentiality Regulations

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On February 5, 2015, the Substance Abuse and Mental Health Administration (SAMHSA) released a long-awaited proposed rule to modify the confidentiality rules that apply to patient identifying information generated by federally...more

McGuireWoods LLP

Washington Healthcare Update

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This Week: The House and Senate were out for Presidents’ Day recess... The Senate to vote on FDA Commissioner nominee Califf after 5:30 today... Medicare Advantage rates announced....more

Orrick, Herrington & Sutcliffe LLP

HIPAA Security Requirements Aren't Cloudy, Especially to Whistleblowers

Earlier this month, the U.S. Department of Health and Human Services Office for Civil Rights (HHS OCR) announced that it had entered into a settlement agreement with St. Elizabeth's Medical Center (SEMC) in Brighton,...more

Davis Wright Tremaine LLP

Meaningful Use Stage 3 Proposed Rule: Security Risk Analysis and Patient Access

Where HIPAA and Meaningful Use intersect, does the newly released Meaningful Use Stage 3 proposed rule provide greater clarity or create more confusion? As discussed in our earlier advisory, the Meaningful Use Stage 3...more

Locke Lord LLP

Locke Lord QuickStudy: Recent Health Care Updates

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On January 29, the Centers for Medicare & Medicaid Services (CMS) announced its plan to propose changes to the Electronic Health Record Incentive Program (EHR Incentive Program). According to CMS, the rule will address...more

Obermayer Rebmann Maxwell & Hippel LLP

HIPAA in the Time of Ebola

Ebola has recently been the source of much concern, and health care providers and hospitals are taking steps to prepare themselves for the possibility of treating patients with Ebola. In addition to all of the medical...more

Davis Wright Tremaine LLP

Ebola or Not, Patient Privacy Must Be Protected: Office for Civil Rights Issues Bulletin on HIPAA Requirements in Emergency...

In the wake of the recent Ebola cases, the U.S. Department of Health and Human Services’ (HHS) Office for Civil Rights (OCR) has issued a new bulletin reminding HIPAA-covered entities and their business associates that the...more

Davis Wright Tremaine LLP

Starting Oct. 6, Patients Can Access Test Reports Directly From Clinical Laboratories

On Oct. 6, 2014, a final rule issued jointly by the Centers for Medicare & Medicaid Services (CMS), Centers for Disease Control and Prevention (CDC), and Office for Civil Rights (OCR) will require all HIPAA-covered labs...more

Cozen O'Connor

“LoProCo”, 12,915 Complaints, and Other Lessons from OCR/NIST

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12,915 complaints were reported in 2013 to the Department of Health and Human Services Office of Civil Rights (“OCR”) according to Illiana L. Peters, Senior Adviser for HIPAA Compliance and Enforcement. Cozen O’Connor...more

BakerHostetler

Health System Investigated for Leaving PHI in Doctor’s Driveway – Settles with OCR for $800K

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While OCR enforcement activity has focused on a covered entity’s safeguarding of ePHI, organizations cannot forget about PHI in non-electronic form. To settle potential violations of the HIPAA Privacy Rule, Parkview Health...more

Mintz - Privacy & Cybersecurity Viewpoints

D’oh! OCR Confirms that Medical Records Should Not be Left in the Driveway

The most recent Office for Civil Rights (“OCR”) HIPAA enforcement action serves as an important reminder to health care providers of the security risks associated with a mishandled medical records custody transfer and the...more

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