News & Analysis as of

Dept. of Health and Human Services Office of Civil Rights

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

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

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

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

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

New Director at HHS OCR Sets the Stage for Enforcement of Section 1557

The Department of Health and Human Services Office of Civil Rights (HHS OCR), the office tasked with enforcing Section 1557 of the ACA, has a new Director and Deputy Director for Civil Rights. The new Director, Roger...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

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

Fate Uncertain for HHS’s Extension of ACA Discrimination Protections to Abortion & Gender Transition

by Genova Burns LLC on

In May 2016 HHS issued a final rule implementing the Affordable Care Act’s Section 1557 nondiscrimination provision, which applies to recipients of funding from HHS. The rule prohibits discrimination on the basis of gender...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

Gone Phishin’: Hack Leads to HIPAA Settlement

Earlier this week, the HHS Office for Civil Rights (“OCR”) announced a $400,000 settlement with Metro Community Provider Network (“MCPN”) related to a 2012 HIPAA breach caused by a phishing scam. The phishing scam, carried...more

New HHS OCR Director Appointed – A Change in Course for HIPAA Enforcement?

by Arnall Golden Gregory LLP on

In late March, Roger Severino was appointed to be the new Director of the Department of Health and Human Services Office of Civil Rights (HHS OCR), the office responsible for enforcing the Health Insurance Portability and...more

Recent HIPAA Privacy and Security Settlements and Lessons Learned

by Perkins Coie on

Although the fate of the Affordable Care Act remains undecided, enforcement of the HIPAA privacy and security regulations by the Office for Civil Rights (OCR) of the U.S. Department of Health and Human Services is ongoing,...more

OCR Identifies Continuing HIPAA Enforcement Issues, Areas of Future Guidance and Regulations

Last week the Health Care Compliance Association hosted its annual “Compliance Institute.” Iliana Peters, HHS Office for Civil Rights’ Senior Advisor for HIPAA Compliance and Enforcement, provided a thorough update of HIPAA...more

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