News & Analysis as of

Dept. of Health and Human Services Health Insurance Portability and Accountability Act

The United States Department of Health and Human Services is a federal executive department established in 1953, as part of the Department of Health, Education and Welfare. The Agency became independent in 1980... more +
The United States Department of Health and Human Services is a federal executive department established in 1953, as part of the Department of Health, Education and Welfare. The Agency became independent in 1980 and was renamed The Department of Health and Human Services at that time. HHS is charged with protecting and improving the health of the American population, as well as providing essential services.    less -

The Future Of The Patient Protection And Affordable Care Act May Be Uncertain… But HIPAA Is Here To Stay

by Fraser Trebilcock on

While the future of the Patient Protection and Affordable Care Act and any potential replacement legislation is still in question, the Office for Civil Rights (“OCR”) within the U.S. Department of Health and Human Services...more

HIPAA Settlement With Wireless Health Services Provider Is Less Than Meets The Eye

by King & Spalding on

On April 24, the U.S. Department of Health and Human Services Office for Civil Rights (“OCR”) announced a $2.5 million HIPAA settlement with CardioNet, a wireless health services provider. CardioNet provides remote mobile...more

Employers: Are You Ready for a Cyberwar? Attackers Using Ransomware are Saying Show Me Your Bitcoin!

by Dechert LLP on

Recently, the WannaCry ransomware attack impacted 150 countries and over 300,000 computers. Not all ransomware attacks are so massive but they all are fast moving and require swift action to prevent destruction and lose of...more

AGG Food and Drug Newsletter - May 2017

by Arnall Golden Gregory LLP on

Arnall Golden Gregory LLP's Food and Drug Newsletter is a monthly update of legal and regulatory issues that affect the FDA-regulated community, including regular updates on legislative initiatives from AGG’s Washington, DC...more

Memorial Hermann’s Use of Patient Name in Press Release Leads to $2.4 Million HIPAA Settlement

The U.S. Department of Health and Human Services Office for Civil Rights (OCR) announced another large HIPAA-related settlement last week with Memorial Hermann Health System (Memorial Hermann), the largest not-for-profit...more

HHS OCR Resumes HIPAA Enforcement Action Announcements: Four New Settlements and Penalties Totaling More than $5 million in a One...

by Arnall Golden Gregory LLP on

After a pause of nearly two months, the Department of Health and Human Services Office of Civil Rights (HHS OCR) has resumed its announcement of settlements for alleged HIPAA violations, with four new settlement agreements...more

Health Entity Settles with OCR for Alleged Failure to Maintain a Business Associate Agreement

by King & Spalding on

The Center for Children’s Digestive Health (CCDH) recently paid the HHS Office for Civil Rights (OCR) $31,000 and entered into a corrective action plan to settle potential violations of HIPAA for an alleged failure to...more

Public Still Must be Kept Private under HIPAA

by Davis Wright Tremaine LLP on

A not-for-profit health care system recently agreed to pay the Department of Health and Human Services (HHS) $2.4 million as part of a settlement over potential Health Insurance Portability and Accountability Act (HIPAA)...more

Inappropriate Disclosure of a Single Patient Name Results in $2.4 Million HIPAA Settlement

by Saul Ewing LLP on

Texas’ Memorial Hermann Health System (MHHS) paid $2.4 million to the U.S. Department of Health and Human Services (HHS) and entered into a corrective action plan (CAP) to resolve allegations related to the impermissible...more

New York Attorney General Announces Settlements with Three Mobile Health Application Developers

by Jones Day on

New York has made a mark on the regulatory and enforcement landscape for mobile health applications ("mobile health app") with the New York Attorney General's ("NY AG") March 23, 2017, announcement of settlements with three...more

Health Care Provider Insights - Introductory Edition

by Wilson Elser on

Welcome to the introductory edition of Health Care Provider Insights. We are practice management consultants, providing legal and business management advice and assistance to physicians and dentists (health care...more

Failure to Ensure Vendor Safeguarded Protected Health Information Costs Small Health Care Provider $31,000

by Reed Smith on

Having proper internal systems and procedures in place to manage data security is essential for organizations storing personal information in any industry. But health care organizations that rely on external vendors to...more

2017 HIPAA Enforcement – Appears Not To Be Slowing Down

by Snell & Wilmer on

To state the obvious, there has been some uncertainty regarding how the Trump Administration will affect federal agency enforcement efforts. However, at least, in regard to HIPAA Privacy and Security, the U.S. Department of...more

$2.5 Million Settlement Shows That Not Understanding HIPAA Requirements Creates Risk

by Fox Rothschild LLP on

In one of the best examples we have ever seen that it pays to be HIPAA compliant (and can cost A LOT when you are not), the U.S. Department of Health and Human Services, Office for Civil Rights, issued the following press...more

Settlement Highlights Need for HIPAA-Covered Entities to Have Business Associate Agreements in Place with PHI Vendors

by Dickinson Wright on

The Department of Health and Human Services’ Office for Civil Rights (ORC) announced an agreement to settle possible Health Insurance Portability and Accountability Act (HIPAA) violations with The Center for Children’s...more

Another HIPAA Settlement: Stolen Laptop Costs $2.5 Million Plus Encryption Requirement

by Perkins Coie on

The U.S. Department of Health and Human Services (HHS) recently announced yet another HIPAA privacy and security settlement involving Protected Health Information (PHI) on a stolen laptop. Although this might be seen as just...more

OCR Announces First HIPAA Settlement with Wireless Health Services Provider

by Morgan Lewis on

The $2.5 million settlement reflects the agency’s focus on mobile health privacy. On April 24, the US Department of Health and Human Services (HHS) Office for Civil Rights (OCR) announced a settlement with CardioNet, a...more

Recent $2.5 Million OCR Settlement Is a Warning to Wireless Health Service Providers

by McDermott Will & Emery on

On April 24, the US Department of Health and Human Services (HHS) Office for Civil Rights (OCR) announced a Health Insurance Portability and Accountability Act of 1996 (HIPAA) settlement in the amount of $2.5 million based on...more

$2.5 Million Settlement Reached as HIPAA Crackdown Continues on Unsecured Portable Devices

by Jones Day on

A recent settlement of $2.5 million for alleged violations of the Health Insurance Portability and Accountability Act ("HIPAA") continues a trend of government enforcement targeting health care providers and vendors that fail...more

First HIPAA Settlement Involving a Wireless Health Services Provider

by Saul Ewing LLP on

?On April 24, 2017, the U.S. Department of Health and Human Services (HHS) Office for Civil Rights (OCR) announced that CardioNet, Inc. (CNI) agreed to pay $2.5 million and enter into a Corrective Action Plan (CAP) to settle...more

Ransomware Attacks: When Is Notification Required?

by Latham & Watkins LLP on

Ransomware is not only a growing security threat but a potentially thorny notification issue. Ransomware is one of the most prevalent cybersecurity threats afflicting businesses today. When an attack hits, a victim...more

Failure to Implement Business Associate Agreement Results in $31,000 Settlement For Health Care Provider

by Saul Ewing LLP on

On April 20, 2017, the U.S. Department of Health and Human Services (HHS) Office for Civil Rights (OCR) announced that Children’s Digestive Health (CDH) agreed to pay HHS $31,000 for its failure to have a business associate...more

Small Healthcare Provider Pays $31,000 for Failing to Have a Business Associate Agreement With File Storage Vendor

by Jackson Lewis P.C. on

Disclosing protected health information (PHI) to a business associate without a compliant business associate agreement (BAA) is an improper disclosure under the HIPAA privacy and security regulations. According to the HHS...more

Phishing Incident Leads to $400,000 HIPAA Settlement

by Saul Ewing LLP on

?On April 12, 2017, the U.S. Department of Health and Human Services (HHS) Office for Civil Rights (OCR) announced that Metro Community Provider Network (MCPN) agreed to pay HHS $400,000 to settle alleged HIPAA Security Rule...more

AGG Food and Drug Newsletter - April 2017

by Arnall Golden Gregory LLP on

Arnall Golden Gregory LLP's Food and Drug Newsletter is a monthly update of legal and regulatory issues that affect the FDA-regulated community, including regular updates on legislative initiatives from AGG’s Washington, DC...more

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