News & Analysis as of

Health Care Providers HITECH Act Electronic Medical Records

Holland & Knight LLP

HHS Is Primed to Enforce Information Blocking Conduct

Holland & Knight LLP on

The U.S. Department of Health and Human Services (HHS) continued its commitment to timely and full access to health records on June 24, 2024, through the finalization of its information blocking disincentives rule for...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

Association of Certified E-Discovery...

[Virtual Event] Electronic Medical Records: Pain Points & Practice - December 3rd, 12:00 pm - 1:00 pm EST

The discovery of Electronic Medical Records, along with their associated audit logs, is one the most common tasks in a wide range of litigation matters, yet this discovery remains problematic and difficult. Numerous statutory...more

Polsinelli

Cybersecurity and “Recognized Security Practices”: New Statute modifies HIPAA

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On January 5, 2020, President Trump signed into law H.R. 7898. This new statute amends the Health Information Technology for Economic and Clinical Health (HITECH) Act to require the Department of Health and Human Services...more

Wyrick Robbins Yates & Ponton LLP

HIPAA for the Holidays: How OCR's December HIPAA Notice of Proposed Rulemaking Could Impact Covered Entities

In case privacy lawyers did not have enough to keep up with over the holiday season (as we’ve mentioned, there’s already plenty to keep up with in Europe and California), HHS’s Office for Civil Rights recently issued a Notice...more

Epstein Becker & Green

HHS Addresses Federal Court Invalidation of Certain Provisions of the HIPAA rule Relating to the Third-Party Requests for Patient...

Epstein Becker & Green on

On January 28, 2020, the Department of Health & Human Services (“HHS”) Office for Civil Rights (“OCR”) addressed a federal court’s January 23rd invalidation of certain provisions of the Health Insurance Portability and...more

Polsinelli

HHS’s Enforcement Discretion Notice May Signal More Potential Violations

Polsinelli on

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

Hogan Lovells on

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

Foley & Lardner LLP

$22 Billion Administrative Overreach

Foley & Lardner LLP on

A mind-boggling example of administrative overreach, i.e. HHS’s issuance of overreaching regulations (in 2013) and sub-regulatory Guidance (in 2016), which impose a $22 billion lifetime regulatory cost ($1.52 billion per year...more

Foley & Lardner LLP

Obama-Era Administrative Overreach and its Multi-Billion Dollar Adverse Impact on the U.S. Health Care System - Fact Sheet &...

Foley & Lardner LLP on

The Trump Administration has prioritized the elimination of overreaching regulations: In FY 2017, the Trump Administration reduced lifetime net regulatory costs across all agencies by $8.1 billion ($570 million per year)....more

Chambliss, Bahner & Stophel, P.C.

HIPAA Changes May Be on the Way

Since the major HIPAA overhaul implemented in 2013, there have been few changes to HIPAA privacy, security, and breach notification regulations. However, several HIPAA regulatory changes may now be on the way...more

McGuireWoods LLP

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

McGuireWoods LLP on

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

Dickinson Wright

Where is your PHI Data Traveling Today?

Dickinson Wright on

With most vendors offering and pushing cloud computing solutions and offsite data backup, or guaranteeing offsite backup of data they process for you, many HIPAA covered entities and business associates are questioning...more

Burr & Forman

Meaningful Use and the Costs of Noncompliance

Burr & Forman on

It is something of an understatement to note that the U.S. healthcare legal landscape is currently experiencing a degree of transition and uncertainty. There is no shortage of changes to discuss, debate, and, perhaps, grow...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

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

Mintz - Health Care Viewpoints

MACRA’s Advancement of EHR Interoperability and Telehealth

This is the fourth and final post in our series on the Medicare Access and CHIP Reauthorization Act (MACRA). Pub.L. No. 114-10. We’ve previously covered the repeal of the Sustainable Growth Rate (SGR) in our April 20th post,...more

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