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Health Insurance Portability and Accountability Act Enforcement

The Health Insurance Portability and Accountability Act is a United States federal statute enacted in 1996 to provide greater protection for individual's medical information and prescribe standards for the... more +
The Health Insurance Portability and Accountability Act is a United States federal statute enacted in 1996 to provide greater protection for individual's medical information and prescribe standards for the manner in which healthcare professionals gather, use, and maintain health information.  less -

Health Care Perspectives

With deep experience in the health care industry and a comprehensive understanding of its diverse participants, Katten attorneys serve as conference moderators and panelists, host accredited events, and produce webinars to...more

Health Update - November 2016

Post-Election Analysis: Healthcare Antitrust in a Trump Administration - In a Republican sweep of all the elected branches of the federal government, Donald Trump won the presidential election and Republicans retained...more

Sharing Consumer Health Information? Look to HIPAA and the FTC Act

Does your business collect and share consumer health information? Check out these tips from the FTC for complying with HIPAA and the FTC Act....more

State AGs Upping the Ante on Health (and Other) Information Data Incidents – Expect Increased Enforcement Actions

by Reed Smith on

State attorneys general (AGs) continue to emerge as major regulators of privacy, and increasingly, with respect to compromises of health-related data. Businesses concerned with U.S. customer or employee data have long...more

Oregon Amends Data Breach Law — Companies Can Expect More Enforcement Actions

by Lane Powell PC on

Oregon Gov. Kate Brown recently signed into law amendments to the state’s data breach law. These amendments recognize the growing definition of data, expand the role of the Attorney General in addressing data breaches,...more

A New Era of HIPAA Enforcement

by Carlton Fields on

Traditionally, HIPAA enforcement is assigned to the Department of Health and Human Services’ Office for Civil Rights (OCR). In November 2013, Health and Human Services’ Office of Inspector General sharply criticized OCR’s...more

Pressure Points: OCR Enforcement Activity in 2014

by McDermott Will & Emery on

During 2014, the Office for Civil Rights (OCR) of the U.S. Department of Health & Human Services initiated six enforcement actions in response to security breaches reported by entities covered by the Health Insurance...more

HIPAA Compliance: Are You Prepared for the 2015 HITECH Act Audits?

by McGuireWoods LLP on

In 2015, the United States Department of Health & Human Services (HHS) Office of Civil Rights (OCR) will begin enforcing the requirements of the Health Insurance Portability and Accountability Act (HIPAA) and the Health...more

2014 – The Health Law Year in Review

Each year brings significant changes and challenges in the laws governing the health care industry, and 2014 proved to be no exception. What the year may have lacked in the high drama that accompanies comprehensive health...more

WEBINAR: Breach, Enforcement and Beyond: HIPAA Breach Notification Analysis and OCR Enforcement Activities

by Baker Ober Health Law on

The Office for Civil Rights of the US Department of Health and Human Services revised the breach notification regulations last year in order to make the analysis of whether a breach occurred more objective. In addition, OCR...more

New Data Disposal Law in Delaware Requires Action by Impacted Businesses

by McDermott Will & Emery on

While the federal government continues its inaction on data security bills pending in Congress, some U.S. states have been busy at work on this issue over the summer. A new Delaware law H.B. 295, signed into law on July 1,...more

OCR to Begin Phase 2 of HIPAA Audit Program

by McDermott Will & Emery on

The U.S. Department of Health and Human Services’ Office for Civil Rights (OCR) will soon begin a second phase of audits (Phase 2 Audits) of compliance with Health Insurance Portability and Accountability Act of 1996 (HIPAA)...more

Are your HIPAA ducks in a row? The next round of OCR HIPAA audits is approaching

by McAfee & Taft on

In 2011 the Department of Health and Human Services’ Office for Civil Rights (OCR) established the HIPAA Pilot Audit Program to ensure compliance with HIPAA’s privacy, security and breach notification rules. The first...more

Nursing Facility Survey Trends - Directed Plans of Correction, Privacy Violations and FTag 520 Quality Assurance Committee...

by Poyner Spruill LLP on

Directed Plans of Correction, or DPOCs, have long been part of the arsenal of enforcement sanctions available to the Centers for Medicare & Medicaid Services for survey deficiencies, just like civil money penalties (CMPs);...more

Promises of Enhanced HIPAA Enforcement by HHS Illustrated by a Recent Record-Breaking Settlement Agreement and Increased Focus on...

An attorney from the Office for Civil Rights of the U.S. Department of Health and Human Services (HHS) recently disclosed that covered entities could face increased scrutiny for HIPAA violations in 2014. Specifically, the...more

Health System Pays $800,000 Fine for Leaving PHI in Doctor’s Driveway

by BakerHostetler on

While enforcement activity by the U.S. Department of Health and Human Services (HHS) Office for Civil Rights (OCR) has focused primarily on a covered entity’s safeguard of electronic protected health information (ePHI),...more

HHS Attorney: Major HIPAA Fines and Enforcement Coming

by BakerHostetler on

As regularly blogged about on the Data Privacy Monitor, the past 12 months have seen record-breaking HIPAA enforcement activity by HHS OCR. But according to recent remarks by a high-ranking HHS attorney, if you thought these...more

No Judicial Review of FTC Jurisdiction until the Agency Takes a Final Action

by Holland & Knight LLP on

Companies that handle personal data may need to litigate an FTC enforcement action to its conclusion before a court will review the Commission's jurisdiction to commence the enforcement action in the first place....more

“Cha-Ching” – HIPAA Settlement Reaches New Heights and Signals More To Come

by Cozen O'Connor on

In the largest HIPAA enforcement action to date, the Department of Health and Human Services (HHS) Office for Civil Rights (OCR) extracted $4.8 million from two leading New York institutions, New York-Presbyterian Hospital...more

HIPAA Housekeeping - Don't Forget Your Annual Report of Small Breaches

by Jackson Walker on

If you are a "covered entity" under the Health Insurance Portability and Accountability Act ("HIPAA") and suffer a breach of protected health information, one of your first reactions should be to count the number of affected...more

Foundations in HIPAA - Building Blocks of Health Law

by Baker Donelson on

Recent enforcement actions and the new Omnibus Rule implementing several HITECH obligations highlighted the need for a new look at HIPAA obligations for covered entities and now business associates. HITECH not only raised the...more

U.S. Privacy and Data Protection: 2013 Year in Review and a Look Ahead to 2014

by McDermott Will & Emery on

In Boston, we celebrated Data Privacy Day (January 28) by presenting “U.S. Privacy and Data Protection: 2013 Year In Review and a Prediction of What’s to Come in 2014” for participants in an IAPP KnowledgeNet. Our panel of...more

HIPAA Covered Entities Subject to FTC Act Enforcement of Data Security Practices

by King & Spalding on

On January 16, 2014, the Federal Trade Commission (FTC) unanimously ruled that it has authority to regulate a healthcare provider’s inadequate data security programs in order to protect consumers from business’ failure to...more

HIPAA Security Rule Enforcement Not Yet Meeting Federal Requirements

by Benesch on

A recent Office of the Inspector General (OIG) Report reviews progress made by the Office for Civil Rights (OCR) toward enforcement of the Health Insurance Portability and Accountability Act (HIPAA) Security Rule following...more

Business Associate Definition Expanded and HHS Empowered to Impose New Civil Fines

by Wilson Elser on

Long-awaited omnibus regulations (Omnibus Rule) adopted earlier this year by the Department of Health and Human Services (HHS) Office for Civil Rights (OCR) made significant modifications impacting “business associates” to...more

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