News & Analysis as of

Enforcement HITECH Act

Davis Wright Tremaine LLP

Nebraska Data Privacy Act Signed Into Law

On April 17, 2024, Nebraska Governor Jim Pillen signed the Nebraska Data Privacy Act (the "Act"), which takes effect on January 1, 2025. The Act maps in large part to the Texas Data Privacy and Security Act. Like Texas, the...more

Benesch

Annual Report to Congress on Breaches of Unsecured Protected Health Information

Benesch on

The U.S. Department of Health and Human Services (HHS), Office for Civil Rights (OCR) recently published an executive summary (Report) outlining key enforcement activities of the Health Insurance Portability and...more

Davis Wright Tremaine LLP

HHS Reveals Strategy for Addressing Healthcare Sector Cybersecurity

The U.S. Department of Health and Human Services ("HHS") issued a concept paper describing its overarching strategy to address healthcare cybersecurity. The concept paper builds on the Biden-Harris Administration's National...more

Ankura

Increases in Privacy and Security Complaints Lead to New Divisions Within the Office for Civil Rights

Ankura on

On February 27, 2023 the U.S. Department of Health and Human Services (HHS), through the Office for Civil Rights (OCR), announced the formation of three new divisions within the office: Enforcement Division, Policy Division,...more

King & Spalding

OCR Announces Expiration of COVID-19 Public Health Emergency HIPAA Notifications of Enforcement Discretion

King & Spalding on

On April 11, 2023, OCR announced that the Notifications of Enforcement Discretion issued under the Health Insurance Portability and Accountability Act of 1996 (HIPAA) and the Health Information Technology for Economic and...more

BakerHostetler

HHS Announces New Divisions to Address Weighty Case Load

BakerHostetler on

On February 27, 2023, the U.S. Department of Health and Human Services (HHS) announced that its law enforcement agency – the Office for Civil Rights (OCR) – will reorganize, adding new divisions to better address the rapid...more

Snell & Wilmer

HHS Proposed Changes To Part 2 Rules To Align With HIPAA Privacy Rules

Snell & Wilmer on

On November 28, 2022, the U.S. Department of Health and Human Services (“HHS”) proposed sweeping changes to the rules that govern use and disclosure of protected health information (“PHI”) about patients receiving substance...more

Woods Rogers

HIPAA Security Rule: What are “Recognized Security Practices” and why are they important?

Woods Rogers on

A strong cybersecurity program can help defend against cyber attacks and protect sensitive patient data. Thanks to a 2021 amendment of the HITECH Act, when a breach occurs, it can also reduce enforcement penalties. The...more

ArentFox Schiff

OCR Seeks Public Comments on HIPAA/HITECH Security and Enforcement Provisions

ArentFox Schiff on

The HHS Office for Civil Rights is requesting comments about HIPAA covered entities’ and business associates’ implementation of “recognized security practices” and payments to “harmed individuals” from funds the agency...more

K&L Gates LLP

Qui Tam Quarterly - EHR Systems: a Step Forward for Patients but a Compliance and Enforcement Minefield for Health Care Providers

K&L Gates LLP on

Information is power, but the consequences of mismanaging information in the health care industry can be severe. Electronic Health Record (EHR) systems provide comprehensive real-time patient medical information in an...more

Bracewell LLP

Virginia Is For [Data Privacy] Lovers: Introduction to Virginia's New Consumer Protection Law

Bracewell LLP on

On January 1, 2023, the Virginia Consumer Data Protection Act (VCDPA) will go into effect. With passage of the law earlier this year, Virginia joined Colorado and California as the only states to enact comprehensive privacy...more

McGuireWoods LLP

HIPAA Compliance: Are You Prepared for the 2015 HITECH Act Audits?

McGuireWoods LLP on

In 2015, the United States Department of Health & Human Services (HHS) Office of Civil Rights (OCR) will begin enforcing the requirements of the Health Insurance Portability and Accountability Act (HIPAA) and the Health...more

McDermott Will & Emery

OCR to Begin Phase 2 of HIPAA Audit Program

McDermott Will & Emery on

The U.S. Department of Health and Human Services’ Office for Civil Rights (OCR) will soon begin a second phase of audits (Phase 2 Audits) of compliance with Health Insurance Portability and Accountability Act of 1996 (HIPAA)...more

Davis Wright Tremaine LLP

New HIPAA Reports to Congress Shed Light on OCR Enforcement

The Department of Health and Human Services’ Office for Civil Rights (OCR) has issued two reports to Congress, as required by the HITECH Act. The compliance report details OCR’s enforcement activities for 2011 and 2012 and...more

Baker Donelson

Foundations in HIPAA - Building Blocks of Health Law

Baker Donelson on

Recent enforcement actions and the new Omnibus Rule implementing several HITECH obligations highlighted the need for a new look at HIPAA obligations for covered entities and now business associates. HITECH not only raised the...more

Benesch

HIPAA Security Rule Enforcement Not Yet Meeting Federal Requirements

Benesch on

A recent Office of the Inspector General (OIG) Report reviews progress made by the Office for Civil Rights (OCR) toward enforcement of the Health Insurance Portability and Accountability Act (HIPAA) Security Rule following...more

Holland & Knight LLP

Days Before Enforcement Date OCR Issues New Guidance

Holland & Knight LLP on

Just days before the September 23, 2013 enforcement date for the new HITECH Act Omnibus rules, the Department of Health and Human Services' Office for Civil Rights has published several new guidance tools and documents. On...more

Troutman Pepper

Large Educational/Health System Targeted For HIPAA Enforcement

Troutman Pepper on

Idaho State University (ISU) was recently the target of an investigation and enforcement action for violations of the privacy and security rules of the Health Insurance Portability and Accountability Act (HIPAA)....more

Dechert LLP

Final HIPAA Regulations Impact Group Health Plans

Dechert LLP on

The Health Insurance Portability and Accountability Act of 1996 (“HIPAA”) sets forth rules to protect the privacy and security of individuals’ health information that is held by “covered entities,” such as group health plans....more

The Volkov Law Group

HIPAA Enforcement: Unleashing The Dogs

The Volkov Law Group on

Prosecutors are a fun bunch and they love their jobs and their mission – to prosecute law-breakers for violating the law. ...more

Cozen O'Connor

Highlights of the Omnibus HIPAA/HITECH Final Rule

Cozen O'Connor on

On January 25, 2013, the Office of Civil Rights (OCR) of the Department of Health & Human Services (HHS) published the long-awaited omnibus final regulation governing health data privacy, security and enforcement (Omnibus...more

King & Spalding

Insurance Coverage for Healthcare False Claims Act, Stark, and HIPAA/HITECH Government Investigations

King & Spalding on

Federal enforcement of False Claims Act (FCA), Stark anti-kickback, and HIPAA/HITECH claims against healthcare companies continues to rise rapidly. FCA recoveries by the U.S. Department of Justice (DOJ) exceeded $9.5 billion...more

McDermott Will & Emery

OCR Issues Final Modifications to the HIPAA Privacy, Security, Breach Notification and Enforcement Rules to Implement the HITECH...

McDermott Will & Emery on

On January 25, 2013, the Office for Civil Rights (OCR) of the U.S. Department of Health and Human Services (HHS) published a final rule (Final Rule) containing modifications to the privacy standards (Privacy Rule), security...more

Bradley Arant Boult Cummings LLP

Final HIPAA Regulations: What's Changed (and What Hasn't) for Group Health Plans

The Office for Civil Rights of the Department of Health and Human Services (“OCR”) has issued final regulations modifying the Health Insurance Portability and Accountability Act (“HIPAA”) Privacy, Security, Breach...more

Womble Bond Dickinson

A Detailed Analysis of Changes to HIPAA and the Implications for Healthcare Providers and Others in the Healthcare Industry: HIPAA...

Womble Bond Dickinson on

Changes to the HIPAA Enforcement Rule - Background: On October 30, 2009, HHS issued an interim final rule revising the Enforcement Rule to incorporate provisions of the HITECH Act. The NPRM then proposed a number of...more

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