News & Analysis as of

Electronic Medical Records HITECH Act Data Breach

Polsinelli

HHS’s Enforcement Discretion Notice May Signal More Potential Violations

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The HHS Office for Civil Rights (“OCR”) issued a notice in the Federal Register regarding its Enforcement Discretion (84 Fed. Reg. 18151) on April 30, 2019. HHS announced that HHS will now apply a different cumulative annual...more

Robinson+Cole Health Law Diagnosis

HHS Exercises Discretion to Reduce Maximum Annual Civil Money Penalties for Certain HIPAA Violations

On April 26, 2019, the U.S. Department of Health and Human Services (HHS) issued a Notification of Enforcement Discretion (Notice) regarding imposition of Civil Money Penalties (CMPs) under HIPAA. ...more

Hogan Lovells

HIPAA Penalty Caps to Be Reduced and Tied to Culpability Level

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In a dramatic turn, the US Department of Health and Human Services (HHS) has announced that effective immediately, penalties for many HIPAA violations will be subject to substantially reduced limits. ...more

Sheppard Mullin Richter & Hampton LLP

Cybersecurity, Inside Jobs, Outside Jobs, and HIPAA

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

McGuireWoods LLP

Federal Enforcement Isn’t the Only HIPAA Concern—States Flex Their Muscles

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Despite the lack of significant settlements for HIPAA enforcement by the federal Office of Civil Rights (OCR) so far in 2018, states have not hesitated to patrol privacy and security breach activity and take action against...more

Jackson Lewis P.C.

“Your Own Cybersecurity Is Not Enough”: NJ Physician Practice Fined Over $400,000 For Data Breach Caused By Vendor

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Last week, New Jersey Attorney General Gurbir S. Grewal and the New Jersey Division of Consumer Affairs (“Division”) announced that a physician group affiliated with more than 50 South Jersey medical and surgical practices...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

Orrick, Herrington & Sutcliffe LLP

Don't Wait for It; Recent HIPAA Enforcement Action Signal More to Come in Phase 2 Audits

Officials at the U.S. Department of Health and Human Services Office of Civil Rights (HHS OCR) have recently selected a vendor to conduct the second wave of HIPAA audits. These so-called "Phase 2 Audits" are set to commence...more

BakerHostetler

Deeper Dive: Healthcare Incidents Involving More Than 500 Individuals Are Investigated 100 Percent of the Time

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We have released the inaugural BakerHostetler Data Security Incident Response Report, which provides insights generated from the review of more than 200 incidents that our attorneys advised on in 2014. The report confirms the...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

Mintz - Health Care Viewpoints

A New Year’s Resolution (And Corrective Action Plan) From OCR: Physician Practice Cited For HIPAA Violations

The Office for Civil Rights (OCR) is closing out 2013 with a reminder of the importance of an effective HIPAA compliance program. On December 26, 2013, OCR announced a resolution agreement with a Massachusetts physician...more

Saul Ewing LLP

Medical practice agrees to payment due to HIPAA data breach

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One day after Christmas, the U.S. Department of Health and Human Services (HHS) Office of Civil Rights (OCR) announced that a Massachusetts-based dermatology practice (Practice) agreed to a $150,000 payment and entered into a...more

Morgan Lewis

Final Rules Under HIPAA/HITECH Impact Employer Plans

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Modifications to the rules require action by group health plan sponsors and their vendors, including revisions to policies and procedures and new privacy notices. On January 17, the Office for Civil Rights of the U.S....more

Foley & Lardner LLP

Key Elements of the New “Omnibus” HIPAA Privacy and Security Regulations

Foley & Lardner LLP on

On January 18, 2013, nearly four years after the passage of the HITECH Act and its amendments to HIPAA, and nearly three years after it proposed regulatory amendments, the U.S. Department of Health and Human Services (“HHS”)...more

BakerHostetler

OCR'S Breach Settlement: The First Ever Involving Less Than 500 Patients

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The HHS Office for Civil Rights (OCR) started 2013 with a bang by announcing that it had reached "the first settlement involving a breach of unprotected electronic protected health information (ePHI) affecting fewer than 500...more

Morgan Lewis

OCR Reaches $50,000 Settlement with Hospice for Small Data Breach

Morgan Lewis on

Enforcement action sends a strong message to the healthcare industry and reaffirms the need for security risk analysis and mobile-device security policies and procedures....more

BakerHostetler

OCR's Breach Settlement the First Ever Involving Less than 500 Patients

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OCR started 2013 with a bang by announcing that it had reached “the first settlement involving a breach of unprotected electronic protected health information (ePHI) affecting fewer than 500 individuals” with the Hospice of...more

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