News & Analysis as of

Department of Health and Human Services (HHS) Patient Rights

Foster Swift Collins & Smith

DHHS Revises and Clarifies Guidelines for Patients’ Informed Consent When Providing Sensitive Medical Care

In recent years, Michigan has been home to two of the largest sexual abuse scandals involving doctors in history: the sexual abuse committed by Larry Nassar while employed by Michigan State University and the sexual abuse...more

Polsinelli

HHS Finalized Part 2 Revisions: What Has Changed?

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On February 8, 2024, the U.S. Department of Health and Human Services, through its Office for Civil Rights (OCR) and the Substance Abuse and Mental Health Services Administration (SAMHSA), released final rule (Final Rule)...more

Foley & Lardner LLP

HIPAA and Part 2 Harmonized: What Health Care Organizations Need to Know

Foley & Lardner LLP on

Substance Use Disorder (SUD) programs and HIPAA-regulated entities seeking to streamline their privacy and security practices and workflows received welcome news from the U.S. Department of Health & Human Services (HHS) last...more

Epstein Becker & Green

CMS Announces Comprehensive Plan to Ensure EMTALA Compliance

CMS’s New Actions Related to EMTALA - On January 22, 2024, the Department of Health and Human Services (HHS) announced that, through the Centers for Medicare & Medicaid Services (CMS), it will launch a comprehensive plan...more

Holland & Knight LLP

EMTALA Patient Education Initiative Launched by HHS and CMS

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The U.S. Department of Health and Human Services (HHS) and the Centers for Medicare & Medicaid Services (CMS) have started a new effort to educate the public about the Emergency Medical Treatment and Labor Act (EMTALA)....more

Sheppard Mullin Richter & Hampton LLP

HHS Issues Proposed Rule to Provide Clarity on Rights of Conscience in Healthcare

On January 5, 2023, the U.S. Department of Health and Human Services (“HHS”) published a notice of proposed rulemaking entitled “Safeguarding the Rights of Conscience as Protected by Federal Statutes” (the “Proposed Rule“)....more

Snell & Wilmer

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

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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

Robinson+Cole Health Law Diagnosis

HHS Proposes Rule to Align Part 2 Records and HIPAA

On November 28, 2022, the Department of Health and Human Services (HHS) issued a proposed rule to modify the confidentiality protections of Substance Use Disorder (SUD) patient treatment records under 42 CFR Part 2 (Part 2)...more

Rivkin Radler LLP

Yet Another HIPAA Right Of Access Settlement

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The U.S. Department of Health and Human Services’ Office for Civil Rights (OCR) announced the 14th settlement in its ongoing HIPAA Right of Access Initiative. Banner Health, a Phoenix-based health system that operates 30...more

Health Care Compliance Association (HCCA)

HHS enforces patients' right to access medical records

Compliance Today (January 2021) - The Office for Civil Rights (OCR) at the U.S. Department of Health & Human Services (HHS) has been vigorously enforcing patients’ right to access their medical records under the Health...more

Fox Rothschild LLP

The OCR Remains Increasingly Active Under The HIPAA Right Of Access Initiative

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The Department of Health and Human Services (“HHS”) Office of Civil Rights (“OCR”) recently settled four more investigations under the HIPAA Right of Access Initiative, which totals 11 settlements thus far. In September, the...more

Saul Ewing LLP

Medical Practice Agrees To Pay $100,000 as OCR Settles Its Ninth Investigation as Part of Its HIPAA Right of Access Initiative

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On October 9, 2020, the Office for Civil Rights (“OCR”) at the U.S. Department of Health and Human Services (“HHS”) announced it had settled its ninth enforcement action in its HIPAA Right of Access Initiative (the...more

Arnall Golden Gregory LLP

Playing Catch Up? HHS OCR Announces Eight New HIPAA Settlements in September

In a flurry of recent activity, the U.S. Department of Health and Human Services (HHS) Office for Civil Rights (OCR) has announced eight resolution agreements since September 15, 2020. These resolution agreements settle...more

Jackson Lewis P.C.

OCR Is Serious About Patients’ Rights To Access Records, Announcing Enforcement Actions Against 5 Providers

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When providers, health plans, business associates, and even patients and plan participants think of the HIPAA privacy and security rules (‘HIPAA Rules”), they seem to be more focused on the privacy and security aspects of the...more

Foley & Lardner LLP

Compliance: Top Takeaways from Foley and PYA’s Annual “Let’s Talk Compliance” Event

Foley & Lardner LLP on

For the second year in a row, Foley & Lardner LLP and PYA hosted a compliance master class on various health-related compliance issues. “Let’s Talk Compliance” is an annual one-day event featuring a panel of presenters that...more

Fox Rothschild LLP

Clear Message From OCR: Don’t Ignore (Or Overcharge For) Patient Requests For Records

Fox Rothschild LLP on

Last week, the Office for Civil Rights (OCR) announced its second enforcement action and settlement with a provider for failing to comply with HIPAA’s patient access requirements. Korunda Medical, LLC, a primary care and...more

Health Care Compliance Association (HCCA)

First HIPAA Right of Access Initiative settlement announced by OCR

Compliance Today (November 2019) - On September 9, 2019, the Office for Civil Rights (OCR) at the U.S. Department of Health and Human Services announced its first enforcement action and settlement in its Right of Access...more

Saul Ewing LLP

Hospital Agrees to $85,000 Fine for Failure to Provide Timely Access to Patient Records Under HIPAA

Saul Ewing LLP on

On September 9, 2019, the Office for Civil Rights (OCR) at the U.S. Department of Health and Human Services (HHS) announced its first enforcement action and settlement under its Right of Access Initiative. Earlier in 2019,...more

Ballard Spahr LLP

HIPAA Right to Access Information Enforced

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With all of the attention on Health Insurance Portability and Accountability Act (HIPAA) requirements to safeguard the privacy and security of a patient’s health information, covered entities sometimes overlook the HIPAA...more

Faegre Drinker Biddle & Reath LLP

Failure to Respect Patient’s Right to Access Health Care Information Leads to HIPAA Settlement

Bayfront Health – St. Petersburg (Bayfront) and the Office for Civil Rights (OCR) at the U.S. Department of Health and Human Services (HHS) entered into a $85,000 no-fault settlement agreement and one year corrective action...more

ArentFox Schiff

Congress Moves Forward on Legislation to End Surprise Medical Bills

ArentFox Schiff on

The Senate Health, Education, Labor, and Pensions Committee recently voted to advance bipartisan legislation, called the Lower Health Care Costs Act (the Act), aimed at, among other things, curbing surprise medical bills. ...more

Holland & Knight LLP

Public Information is Still Protected by HIPAA

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Allergy Associates of Hartford, P.C., entered into a Resolution Agreement and agreed to pay $125,000 to the U.S. Department of Health and Human Services, Office for Civil Rights (HHS) in order to settle certain Health...more

Holland & Knight LLP

A New HIPAA Accounting Rule on the Horizon?

Holland & Knight LLP on

Under HIPAA, patients have a right to information about certain disclosures, referred to as an accounting. Under the current iteration of the regulations, covered entities and business associates need not account for...more

Burr & Forman

Office of Civil Rights Issues Guidance on HIPAA in Light of Opioid Crisis

Burr & Forman on

With an increased focus on opioid use and addiction, the Department of Health and Human Services (“HHS”) Office of Civil Rights (“OCR”) has issued guidance related to the Health Insurance Portability and Accountability Act of...more

King & Spalding

CMS Proposes Updates to Hospital Conditions of Participation

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CMS recently published a proposed rule to update certain of the hospital and critical access hospital (CAH) Medicare and Medicaid conditions of participation (CoPs). With its goals of modernizing hospital and CAH CoPs,...more

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