News & Analysis as of

HIPAA Omnibus Rule Covered Entities Protected Health Information

The HIPAA Omnibus Rule is a final rule issued by the U.S. Department of Health and Human Services on January 17, 2013.   The Rule aims to strengthen existing privacy protections within the Health Insurance... more +
The HIPAA Omnibus Rule is a final rule issued by the U.S. Department of Health and Human Services on January 17, 2013.   The Rule aims to strengthen existing privacy protections within the Health Insurance Portability and Accountability Act of 1996 (HIPAA), improve the government's ability to enforce those protections, and give individuals greater access to their health information. One of the most significant changes associated with the Rule is the application of HIPAA's requirements to business associates of health care providers and health care claim processors. HHS broadened HIPAA's application to these groups after several large breaches were tied to business associates.  less -
Epstein Becker & Green

HHS Addresses Federal Court Invalidation of Certain Provisions of the HIPAA rule Relating to the Third-Party Requests for Patient...

Epstein Becker & Green on

On January 28, 2020, the Department of Health & Human Services (“HHS”) Office for Civil Rights (“OCR”) addressed a federal court’s January 23rd invalidation of certain provisions of the Health Insurance Portability and...more

Holland & Hart - Health Law Blog

Modified HIPAA Rules for Sending Records to Third Parties

Thanks to a federal judge, the Office for Civil Rights has modified its rules for sending records to third parties. Covered entities are no longer required by HIPAA to send non-electronic protected health information (“PHI”)...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

Miller Canfield

Understanding When Business Associates Are Directly Liable Under HIPAA

Miller Canfield on

New guidance issued by the U.S. Department of Health & Human Services (HHS) Office for Civil Rights (OCR) reaffirms that business associates must have proper HIPAA compliance practices, safeguards and documentation in place...more

Arnall Golden Gregory LLP

HIPAA Breach? Notify Promptly or Face Significant Potential Fines from HHS OCR

On January 9, 2017, the Department of Health and Human Services Office of Civil Rights (HHS OCR), which enforces the privacy requirements contained in Health Insurance Portability and Accountability Act (HIPAA), announced a...more

FordHarrison

Business Associate Agreements May Require Amendment

FordHarrison on

The Omnibus Final Rule (the "Omnibus Rule") under the Health Insurance Portability and Accountability Act of 1996 ("HIPAA"), was issued in January, 2013 effective March 26, 2013, but with a general compliance deadline of...more

BakerHostetler

OCR Releases Model Notices of Privacy Practices

BakerHostetler on

Under the Privacy Rule, an individual has the right to adequate notice of how a covered entity may use and disclose PHI about the individual, as well as his/her rights and the covered entity’s obligations with respect to that...more

Mintz - Health Care Viewpoints

Hearing to Address HIPAA Accounting of Disclosures

The HHS Office of Civil Rights (OCR) announced that the Health Information Technology (HIT) Policy Committee’s Privacy and Security Tiger Team will hold a virtual, public hearing on Monday, September 30 from 11:45 a.m. to...more

Spilman Thomas & Battle, PLLC

3 Weeks Left: Is Your Business Ready for HIPAA Compliance?

The September 23, 2013 deadline for covered entities, business associates and their subcontractors to implement the new HIPAA rules is approaching quickly. In case you missed it, on January 25, 2013, the U.S. Department of...more

BakerHostetler

HIPAA, Business Associates, and the Cloud

BakerHostetler on

Under the Final Rule, as previously discussed, business associates must comply with the technical, administrative, and physical safeguard requirements under the Security Rule....more

Stinson LLP

Health Care Law Insight: HIPAA Final Omnibus Rule Contains New Requirements For BAAs

Stinson LLP on

On January 25, 2013, the U.S. Department of Health and Human Services (HHS) published the long-awaited HIPAA final omnibus rule (Final Rule)....more

BakerHostetler

HIPAA/HITECH Final Rule - Assessing Your Organization's Compliance Readiness

BakerHostetler on

The long awaited HIPAA/HITECH Final Rule became effective March 26, 2013, but covered entities, business associates and subcontractors will have until September 23, 2013, to fully comply. ...more

Sands Anderson PC

The HIPAA/HITECH Final Rule has arrived!

Sands Anderson PC on

If you are a health care provider and/or someone who routinely performs work involving patient health information on behalf of a health care provider, you likely need to know about the HIPAA/HITECH Final Rule....more

Smith Anderson

Newly Effective HIPAA Omnibus Rule Makes Sweeping Changes to HIPAA

Smith Anderson on

The long-awaited final omnibus rule (Omnibus Rule) that modifies the Health Insurance Portability and Accountability Act of 1996 (HIPAA) [1] took effect last week, on March 26, 2013. Leon Rodriguez, Director of the U.S....more

Davis Wright Tremaine LLP

Time to Take Advantage of HIPAA Omnibus Rule's "Good News": Fundraising, Research, and Student Immunization Records

The Omnibus Rule went into effect on March 26, 2013. While covered entities and business associates have until Sept. 23, 2013, to comply with new restrictions and obligations, they can take advantage of the rule’s benefits...more

BakerHostetler

Special Edition: Health Law Update - February 28, 2013

BakerHostetler on

In This Issue: - A Baker's Dozen of Significant Changes From the HIPAA/HITECH Rule 1. Business Associates and Subcontractors 2. Breach Notification 3. Covered Entity Organizational Structures 4. Cloud...more

Snell & Wilmer

New HIPAA Omnibus Regulations – What Employers Who Sponsor Group Health Plans Need to Know to Comply

Snell & Wilmer on

On January 25, 2013, the Department of Health and Human Services (HHS) published final regulations that modify the Privacy, Security, Enforcement and Breach Notification Rules issued pursuant to the Health Insurance...more

Polsinelli

Breaking Down The HIPAA Rule Changes: Part 5 Of 5 - Changes To Patients' Rights Under The Final Rule

Polsinelli on

In This Issue: - Right to Access Protected Health Information - Restrictions on Health Plan Disclosures - Guidance on How to Comply With the Expanded Patient Rights ..Evaluate Electronic Systems ..Revise...more

Mintz - Privacy & Cybersecurity Viewpoints

The New HIPAA Omnibus Rule & Your Liability — A Detailed Review

As we have reported in this blog, the Department of Health and Human Services (HHS) Office for Civil Rights (OCR) recently released final regulations containing modifications to the HIPAA Privacy, Security, Enforcement, and...more

Polsinelli

Breaking Down The HIPAA Rule Changes: Part 4 Of 5 - Uses And Disclosures Of PHI Under The Final Rule; Changes Related To...

Polsinelli on

In This Issue: - Modifications Related to the Use and Disclosure of PHI for Marketing Purposes - Modifications Related to the Use and Disclosure of PHI for Research Purposes ..Compound Authorizations Permitted ...more

Akerman LLP

HIPAA Omnibus Final Rule Imposes New Obligations on Business Associates

Akerman LLP on

On January 25, 2013, the Department of Health and Human Services/Office for Civil Rights (HHS/OCR) published in the Federal Register (78 Fed. Reg. 5566) the long-awaited final rule titled Modifications to the HIPAA Privacy,...more

Polsinelli

Breaking Down The HIPAA Rule Changes: Part 3 Of 5 Modifications To The Breach Notification Rule

Polsinelli on

In This Issue: - Definition of “Unsecured Protected Health Information” - Notice Requirements - Action Items to Comply with the Breach Notification - Excerpt from Definition of “Unsecured Protected Health...more

Bradley Arant Boult Cummings LLP

Final HIPAA Regulations: What's Changed (and What Hasn't) for Group Health Plans

The Office for Civil Rights of the Department of Health and Human Services (“OCR”) has issued final regulations modifying the Health Insurance Portability and Accountability Act (“HIPAA”) Privacy, Security, Breach...more

Katten Muchin Rosenman LLP

HHS Releases Language for Use in Updating Business Associate Agreements

On January 25, the Department of Health and Human Services (HHS) published its highly anticipated Health Insurance Portability and Accountability Act (HIPAA) Omnibus Final Rule (Final Rule). The Final Rule covers many topics,...more

Poyner Spruill LLP

HIPAA Risk Analysis

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HIPAA relies heavily on risk analysis in multiple contexts. For example, risk analysis has a major role in the Breach Notification Rule under the new regulations issued by the U.S. Department Health and Human Services on...more

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