News & Analysis as of

Department of Health and Human Services (HHS) Protected Health Information EHR

Holland & Knight LLP

Proposed HIPAA Changes to Promote Coordinated Care

Holland & Knight LLP on

Privacy revisions under the Health Insurance Portability and Accountability Act (HIPAA) may be on the horizon, with some potential changes that could benefit both patients and the healthcare industry. Other changes, if...more

Faegre Drinker Biddle & Reath LLP

$100,000 HIPAA Settlement With Solo Physician Practice

Dr. Steven A. Porter, M.D., P.C. (Dr. Porter’s Practice) and the Office for Civil Rights (OCR) at the U.S. Department of Health and Human Service (HHS) entered into a $100,000 no-fault settlement agreement and two year...more

Robinson+Cole Health Law Diagnosis

HHS Finalizes Joint Rules on Electronic Health Record Interoperability and Access

On March 9, 2020, the Department of Health and Human Services (HHS) announced final rules seeking to give patients more access to, and control of, their health data. The final rules were issued by the Office of the National...more

Davis Wright Tremaine LLP

More Data Please! The Challenges of Applying Health Information Privacy Laws to the Development of Artificial Intelligence

Artificial intelligence (AI) has become part of our daily lives, from greeting us in the morning through smart home devices, creating shopping lists, playing music, setting timers, and alerting us of a traffic jam on our...more

Tucker Arensberg, P.C.

Telemedicine Comes of Age: OIG is Prosecuting Telehealth Fraud

Tucker Arensberg, P.C. on

You can now tell that telemedicine is a mature industry, because it has achieved enough critical mass that the fraud has started and the OIG is beginning to prosecute. There is a lag time between when the cash flow and profit...more

Baker Donelson

District Court Ruling Impacts HIPAA Access Request Permissible Charges

Baker Donelson on

On January 23, 2020, the United States District Court for the District of Columbia declared sections of the 2013 Omnibus Rule unlawful. The Court found that the Department of Health and Human Services (HHS) impermissibly...more

Troutman Pepper

Google Health's Partnerships Raise Privacy Concerns

Troutman Pepper on

Google Health’s Partnerships Raise Privacy Concerns - Recently, Google has been at the center of privacy concerns due to its health- sharing collaborations with the University of Chicago Medical Center (the Medical Center)...more

Robinson+Cole Data Privacy + Security Insider

New HHS Secretary Delays Effective Date of Part 2 Final Rule

We previously reported that the 30 year old regulations (last updated in 1987) relating to the disclosure of substance abuse treatment information has been updated by SAMHSA to bring it into the modern world of electronic...more

Bass, Berry & Sims PLC

21st Century Cures Act - HIPAA & Other Privacy Considerations

Bass, Berry & Sims PLC on

On December 13, 2016, President Obama signed the 21st Century Cures Act (the Cures Act) into law. The Cures Act addresses a wide range of healthcare topics including clinical research, treatment of mental health and substance...more

Baker Donelson

Significant Changes to Health Information Technology Found in 21st Century Cures Act

Baker Donelson on

On December 13, 2016, President Obama signed the 21st Century Cures Act ("Cures Act"), H.R. 34, into law. It enjoyed bipartisan support and was overwhelmingly approved by the House and Senate in recent weeks. The expansive...more

McDermott Will & Emery

OCR Explains How Information Blocking Violates HIPAA

McDermott Will & Emery on

The US Department of Health and Human Services Office for Civil Rights recently posted guidance clarifying that a business associate such as an information technology vendor generally may not block or terminate access by a...more

Robinson & Cole LLP

HHS/Office of the National Coordinator issues report that health information sharing is being blocked to gain a competitive edge

Robinson & Cole LLP on

In a scathing report released last Friday, the Department of Health and Human Services Office of the National Coordinator (ONC) accused hospitals and software vendors of preventing the sharing of health information in order...more

Obermayer Rebmann Maxwell & Hippel LLP

HIPAA in the Time of Ebola

Ebola has recently been the source of much concern, and health care providers and hospitals are taking steps to prepare themselves for the possibility of treating patients with Ebola. In addition to all of the medical...more

Davis Wright Tremaine LLP

Ebola or Not, Patient Privacy Must Be Protected: Office for Civil Rights Issues Bulletin on HIPAA Requirements in Emergency...

In the wake of the recent Ebola cases, the U.S. Department of Health and Human Services’ (HHS) Office for Civil Rights (OCR) has issued a new bulletin reminding HIPAA-covered entities and their business associates that the...more

Cooley LLP

Blog: Federal Advisory Group Considers Patient Data Standards

Cooley LLP on

This week, the Privacy and Security Workgroup within the Health IT Policy Committee was tasked by the U.S. Department of Health and Human Services (“HHS”) to discuss certain patient data protections. Specifically, they were...more

BakerHostetler

Company Claims “HIPAA Has No Teeth”, Will Start Notifying Affected Individuals of Security Breaches and Vulnerabilities that Have...

BakerHostetler on

A company named SLC Security, LLC (“SLC”), recently announced that it will begin notifying individuals if it believes it has identified a security breach or vulnerability of a company and it has not received a satisfactory...more

Sheppard Mullin Richter & Hampton LLP

Proposed modifications to EHR Incentive Programs

Last year, HHS revised policies and definitions surrounding what constitutes certified EHR technology—required for meaningful use incentive program payment eligibility—from the 2011 Edition criteria to the 2014 Edition...more

Cozen O'Connor

Failure to Encrypt Mobile Devices = Nearly $2 Million in Settlements

Cozen O'Connor on

The Department of Health and Human Services (HHS) Office for Civil Rights (OCR) settled for the collective amount of $1,975,220 with Concentra Health Services (Concentra) and QCA Health Plan, Inc. (QCA). The settlements stem...more

Bradley Arant Boult Cummings LLP

Regulatory double jeopardy? FTC enforcement of privacy and security in healthcare

How should health care companies strengthen their HIPAA compliance programs to manage the risk of a potential FTC investigation? While the U.S. Department of Health and Human Services (HHS) Office for Civil Rights...more

BakerHostetler

HHS OCR Settles Post-Data Breach Investigation for Record $4.8M

BakerHostetler on

On May 7, 2014, HHS OCR announced a pair of resolution agreements with New York Presbyterian Hospital (NYP) and Columbia University (CU) totaling $4.8 million dollars—the highest settlement amount to date. These resolution...more

Mintz - Privacy & Cybersecurity Viewpoints

We have seen this movie before ….. and we all should know that it does not end well.

How much is the cost of doing nothing when it comes to encryption of sensitive data? In the case of electronic protected health information, about $2 million. Two companies have been hit with fines equaling a total...more

Davis Wright Tremaine LLP

OCR Releases Information on What Phase 2 HIPAA Audits Will Look Like

The HHS Office for Civil Rights (OCR) recently presented information about the new look of its Phase 2 audit program. The new audits will look little like the old ones, with OCR conducting the audits itself and focusing on...more

Saul Ewing Arnstein & Lehr LLP

Hospital Executive Indicted for Allegedly Lying about Meaningful Use of Electronic Health Records

A hospital executive was recently indicted for allegedly submitting a false attestation regarding a hospital’s “meaningful use” of electronic health records (“EHR”) technology through the Medicare EHR incentive program. This...more

Franczek P.C.

HHS Releases Guidance On Disclosure Of Mental Health Information Under HIPAA

Franczek P.C. on

The HHS Office for Civil Rights issued guidance in question-and-answer format clarifying when a provider may release information regarding a patient’s mental health to family members, friends, law enforcement, and others. The...more

Akerman LLP - Health Law Rx

HHS Settlement: Reminder That HIPAA Applies To Local Governments Big And Small

The U.S. Department of Health and Human Services Office for Civil Rights (HHS) recently announced that it had reached an agreement with Skagit County, Washington to settle potential HIPAA violations involving the County...more

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