Health Insurance Portability and Accountability Act Healthcare

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 -
News & Analysis as of

HHS issues new guidance on individual access to PHI under HIPAA

On January 7, 2015, HHS issued new guidance (Guidance) regarding an individual’s right to access his or her health information under HIPAA’s Privacy Rule. The Guidance emphasizes that HIPAA, while protecting the privacy and...more

ProPublica releases HIPAA Helper

A damning series of reports by ProPublica has revealed that based upon its analysis of federal data, “hundreds of health providers nationwide” have repeatedly violated HIPAA between 2011 and 2014. According to the...more

Health Provisions in the Omnibus Appropriations: Cybersecurity in the Healthcare Industry

The omnibus appropriations legislation that Congress passed last week contained a variety of health-related provisions. These provisions include rescinding funding for the Independent Payment Advisory Board (IPAB),...more

Health Care E-Note - December 2015

A little-noticed provision in the federal Bipartisan Budget Act of 2015 calls for OSHA to increase its penalties to adjust for inflation for the first time since 1990. Please see full E-Note below for more...more

Looking Ahead to 2016 and Beyond: Could the Precision Medical Initiative Revolutionize the Way Patients Receive Medical Treatment?

The Precision Medicine Initiative (“PMI”) was officially unveiled in President Obama’s January 2015 State of the Union address. Precision medicine is an emerging approach for disease prevention and treatment that considers an...more

University with Multiple Covered Entity Components Enters Into $750,000 HIPAA Settlement

On December 14, 2015, the U.S. Department of Health and Human Services, Office for Civil Rights (OCR) announced a $750,000 settlement with the University of Washington (UW). This is the third HIPAA settlement announced by OCR...more

U.S. must crack down on small but hugely painful patient privacy breaches

Although Americans may live in dread about large-scale data breaches by big corporations, instances in which health care personnel inappropriately peek and tell information from patients’ private medical records can be...more

Stolen, Unencrypted Laptop Leads to $850,000 Settlement and Comprehensive Corrective Action Plan for Massachusetts Teaching...

The U.S. Department of Health and Human Services, Office of Civil Rights (OCR), has announced a settlement with Lahey Hospital and Medical Center (Lahey) that arose out of a HIPAA breach involving a stolen laptop. The...more

Triple-S settles HIPAA violations for $3.5M

Triple-S Management Corp., an insurance holding company based in San Juan, Puerto Rico, has agreed to settle an investigation of HIPAA violations by the Office for Civil Rights (OCR) for $3.5 million. According to the OCR...more

Lahey Hospital agrees to pay a whopping $850,000 to OCR for stolen laptop

Just before Thanksgiving, the Office for Civil Rights (OCR) announced that Lahey Hospital and Medical Center (Lahey) has agreed to pay $850,000 in fines and penalties to the OCR and enter into a resolution agreement following...more

M&A Transactions: Affordable Care Act Due Diligence Considerations

The Affordable Care Act (ACA) has significantly changed the legal landscape for employer-sponsored health plans by adding reporting obligations, benefit mandates, fees, notices and potential penalties for plans that do not...more

Medical Devices And Risks Of Unauthorized Disclosure Of Protected Health Information

The U.S. Department of Health and Human Services Office for Civil Rights (OCR) kicked off the holiday season by publishing a settlement agreement under the Health Insurance Portability and Accountability Act of 1996 (HIPAA)...more

Communications Compliance: Are Messaging Applications Leaving Your Organization Vulnerable to HIPAA Liability?

Messaging applications are popular tools to facilitate communication and workflow in healthcare settings—increasingly so as smart phones, tablets and other mobile mediums continue to penetrate the market. Organizations...more

OCR HIPAA Phase 2 Audits Coming Soon. Be Prepared.

The U.S. Department of Health and Human Services Office for Civil Rights (OCR) recently announced that the agency expects to begin Phase 2 Audits in early 2016. OCR intends to conduct desk audits and on-site audits of covered...more

Health Care E-Note - November 2015

With medical device related acquisitions at all-time highs, and regulatory interest intense from the Federal Trade Commission, the Food and Drug Administration, the Securities and Exchange Commission, and the Office of...more

OCR Expected to Strengthen HIPAA Enforcement in 2016

Two recent reports issued by the Office of Inspector General (“OIG”) for the U.S. Department of Health and Human Services (“HHS”) recommended that HHS’s Office for Civil Rights (“OCR”) should fully implement a permanent audit...more

OIG Emphasizes Proactive Enforcement of Privacy Rule and Monitoring of Repeat Offenders

The Office of Inspector General’s (OIG) recently released Privacy Standards report assessed the Office for Civil Rights’ (OCR) oversight of covered entities’ compliance with the Privacy Rule as well as the extent to which...more

Washington Healthcare Update

This Week: Rep. Brady (R-TX) Named Chairman of the House Ways and Means Committee... Co-op Closures Subject of Two Hearings and More Letters... Drug Prices Subject of Investigations in Senate, House Dems Launch Task Force on...more

Are Attorneys Entitled to “HIPAA Rate”?

Over the past year, numerous lawsuits and complaints to the HHS Office for Civil Rights (“OCR”) have been filed by plaintiffs’ attorneys over a seemingly obscure HIPAA issue – the rate that health care providers and their...more

Blog: OIG Releases FY2016 Work Plan: Areas to be Reviewed Include SNFs, Drug Pricing, HIPAA

The Department of Health and Human Services (HHS) Office of Inspector General (OIG) released this week its FY2016 Work Plan (Work Plan). The OIG Work Plan summarizes new and ongoing OIG reviews of various HHS programs and...more

HIPAA and Text Messaging

Text messaging is pervasive. Doctors and other health care providers, covered entities, and business associates currently use (and embrace) the technology. Texting is easy, fast and efficient. It doesn’t require a laptop...more

Manatt Digital Media - October 2015

In this newsletter, we highlight some of the ways digital technologies are transforming healthcare and the opportunities and challenges they present to individuals and businesses. We also introduce you to our team at Manatt...more

FCC Clarifies the Requirements for Sending Wireless Calls and Text Messages to Patients

The Federal Communications Commission ("FCC") recently clarified questions surrounding wireless patient calls and text messages, and the requirements of the Telephone Consumer Protection Act (“TCPA”). The TCPA protects...more

OCR Launches Platform for Developer HIPAA Questions

The HHS Office for Civil Rights (OCR) has released a new platform to provide mobile health developers (and any other interested stakeholders) a sounding board to ask questions, voice concerns, and “spitball” ideas about HIPAA...more

Alphabet Soup and Data Security

In the span of two days, mobile device users learned of two data breaches that could compromise their personal data. In one, Experian (a credit reporting agency) reported that it was hacked, potentially putting 15 million...more

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