News & Analysis as of

Provider Beware: HIPAA and State Privacy Laws May Inform Negligence Suits

A recent opinion from the Connecticut Supreme Court illustrates that HIPAA is not the only law that covered entities and business associates must worry about if an unauthorized disclosure of protected health information (PHI)...more

HIPAA Impaired Providers and the ER - What Happens When Your Employee Becomes Your Patient?

I was speaking this week at IAHIMA’s Annual Conference on the issues relating to HIPAA audits and recent updates from OCR and ONC. As part of my program we typically solicit questions prior to the presentation, most of which...more

HHS releases new software for updating (but not replacing) HIPAA security risk assessment toolkits

Last week, the Department of Health and Human Services (HHS) released a new, free, downloadable tool to assist small and medium-size health care provider offices to conduct security risk assessments (SRA)....more

New HIPAA Tool Released by the Federal Government – Makes Assessing Risks Easier and It Won’t Cost You a Dime

Do you lie awake at night wondering if you or the health care entity for which you work is complying with the Health Insurance Portability and Accountability Act (“HIPAA”)? If so, you will be happy to hear that a good night’s...more

Privacy Class Action – Theories of Liability – 2013 Year in Review

One hot area of data privacy litigation over the past several years has been data breach class actions brought under the California Confidentiality of Medical Information Act (“CMIA”), which provides that a person may recover...more

Paying the Price: Physician Group Faces Hefty Penalty and OCR Oversight After Failure to Conduct Security Risk Assessment and...

What you need to know: The Office for Civil Rights of the US Department of Health & Human Services is continuing its trend toward more aggressive enforcement of HIPAA violations. Small provider entities are not immune...more

Also in the News

President Obama Signs Pathway for SGR Reform Act of 2013 – On December 26, 2013, President Obama signed the Pathway for SGR Reform Act of 2013 (the “Act”), preventing the scheduled payment reduction for...more

Health Care E-Note - June 19,2013

In This Issue: - FTC Hospital Merger Investigation Highlights Cost of Health Care - Survey Finds Doctors Warming to Health Information Exchanges - Health Insurance Markets Seeing More Competition from New...more

HIPAA Final Omnibus Rule – published Jan. 25, 2013

Six Points Health Care Professionals and Organizations (and those who do business with them) Need To Know NOW: - Possible fines have increased dramatically. Under prior law, fines were capped at $100 per violation, with...more

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

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

Burr Alert: New HIPAA Rules Issued: “Sweeping” Changes For Healthcare Providers And Business Associates

On January 17, 2013, the Department of Health and Human Services (“HHS”) released its long awaited final HIPAA rule, which significantly expands certain obligations for healthcare providers and their business associates (the...more

CLIENT ALERT: HHS Announces More Than $1 Million Each In Penalties For HIPAA Security Rule Violations

Businesses subject to HIPAA rules should take note of recent penalties imposed by the U.S. Department of Health and Human Services (“HHS”). Penalties of more than $1 million each were leveled as a result of Security Rule...more

State Fines Hospital For Patient Confidentiality Breach; Requires HIPAA Training For Executives

A California hospital that disclosed a patient’s medical record in response to a California Watch investigative report on the alleged inappropriate billing practices of the hospital’s parent organization was recently cited by...more

HIPAA De-Identification Guidance

Office of Civil Rights has released additional guidance addressing the de-identification of protected health information in accordance with the HIPAA Privacy Rule. Covered entities should review their current...more

OCR Issues Guidance On HIPAA Privacy Rule’s De-Identification Standard

On November 26, 2012, the Department of Health and Human Services Office for Civil Rights (“OCR”) published a thirty-two page document titled “Guidance Regarding Methods for De-identification of Protected Health Information...more

Utilizing the HIPAA audit protocols as a compliance tool By Kimberly J. Gold

Originally published in Compliance Today on December 1, 2012. ..Covered entities are now subject to privacy and security audits by OCR. ..OCR published audit protocols regarding its standards for such...more

Office of Civil Rights Releases Guidance on De-Identification of PHI Under HIPAA Privacy Rule

On November 26, 2012, the Department of Health and Human Services Office for Civil Rights (OCR) released long-overdue guidance on how covered entities subject to the Health Insurance Portability and Accountability Act (HIPAA)...more

OCR Issues Guidance on Methods for De-Identification of PHI Under HIPAA

On November 26th, the U.S. Department of Health and Human Services Office for Civil Rights (OCR) released guidance on the methods that covered entities and business associates can use to de-identify protected health...more

Escaping HIPAA: New Guidance on De-Identifying Health Information

HIPAA places tight restrictions on the use and disclosure of protected health information, but there are many ways to “de-identify” it, freeing it from HIPAA’s constraints. Covered entities and business associates can use...more

OCR releases HIPAA privacy rule guidance on de-identifying PHI

Just two and a half years after hosting a workshop on the HIPAA Privacy Rule's de-identification standard, OCR has issued its "Guidance Regarding Methods for De-identification of Protected Health Information in Accordance...more

Guidance Regarding Methods for De-identification of Protected Health Information in Accordance with the Health Insurance...

The Department of Health and Human Services Office for Civil Rights released its long-awaited guidance regarding the de-identification of protected health information in compliance with the Health Insurance Portability and...more

HIPAA Privacy In The Aftermath Of Sandy: Be Prepared For The Next Emergency

As health care providers, patients, family members, friends, and disaster relief agencies such as the American Red Cross continue to grapple with the aftermath of Hurricane Sandy it is important to be mindful of privacy...more

Boston-Area Hospital to Pay $1.5 Million to Settle HIPAA Violations Over Security Breach

On September 17, 2012, Massachusetts Eye and Ear Infirmary, a Boston area hospital, has agreed to pay $1.5 million to the U.S. Department of Health and Human Services to settle allegations of violations of the HIPAA Security...more

HIPAA and the Evolution of Portable Devices

Bond . . . James Bond has always been the epitome of cool gadgets (and bikini babes) but the gizmos of Sean Connery have passed into the era of Daniel Craig. Mr. Connery's lasers, spy cameras and recorders are like dinosaurs...more

Patient Concerns Make Social Media Even Trickier for Healthcare Employers

By now, everyone is probably familiar with Dawnmarie Souza's dispute with American Medical Response, where the National Labor Relations Board sided with an emergency medical technician's right to bad-mouth her supervisor on...more

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