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Health Insurance Portability and Accountability Act (HIPAA) Department of Health and Human Services (HHS) Enforcement

McDermott Will & Emery

Healthcare Regulatory Check-up Newsletter | April 2024 Recap

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This issue of McDermott’s Healthcare Regulatory Check-Up highlights regulatory activity for April 2024. We discuss several US Department of Health and Human Services (HHS) agency actions, including the Calendar Year (CY) 2025...more

Dechert LLP

Dechert Cyber Bits - Issue 54

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European Data Protection Board Publishes Strategy for 2024-27 - The European Data Protection Board (“EDPB” - the EU body tasked with promoting consistency and cooperation in enforcement of the GDPR) has outlined its...more

Benesch

Annual Report to Congress on Breaches of Unsecured Protected Health Information

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The U.S. Department of Health and Human Services (HHS), Office for Civil Rights (OCR) recently published an executive summary (Report) outlining key enforcement activities of the Health Insurance Portability and...more

NAVEX

Healthcare Organizations are Facing Increased Scrutiny – Here's What You Need to Know

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2024 is shaping up to be a very active year for regulatory and enforcement developments in the healthcare industry – developments that concern not just hospitals and nursing facilities, but many non-healthcare companies as...more

King & Spalding

OCR Updates Guidance on Use of Online Tracking Technologies by HIPAA-Regulated Entities

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On March 18, 2024, the U.S. Department of Health and Human Services (HHS) Office for Civil Rights (OCR) issued a Bulletin revising its December 1, 2022 Guidance concerning the HIPAA obligations of covered entities and...more

Goodwin

In Updated Guidance on Use of Tracking Technologies by HIPAA Regulated Entities, HHS-OCR Takes Expansive View of When Information...

Goodwin on

On March 18, 2024, the U.S. Department of Health and Human Services Office for Civil Rights (HHS-OCR) revised its controversial December 2022 bulletin (the December 2022 Bulletin) regarding the use of tracking technologies by...more

McDermott Will & Emery

OCR Update on Tracking Technologies Provides Little Relief for HIPAA-Regulated Entities

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On March 18, 2024, the US Department of Health and Human Services Office for Civil Rights (OCR) issued an update to its December 1, 2022, bulletin titled “Use of Online Tracking Technologies by HIPAA Covered Entities and...more

Holland & Knight LLP

OCR Updates Its Website Tracking Tool Guidance

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The U.S. Department of Health and Human Services Office for Civil Rights (OCR) issued updated guidance on March 18, 2024 regarding the use of online tracking technologies by entities and business associates covered by the...more

McDermott Will & Emery

Healthcare Regulatory Check-up Newsletter | February 2024 Recap

McDermott Will & Emery on

This issue of McDermott’s Healthcare Regulatory Check-Up highlights regulatory activity for February 2024. We discuss various regulatory developments, including guidance on the use of AI in coverage decisions and texting...more

NAVEX

Addressing Cybersecurity Expectations in Healthcare

NAVEX on

2024 is shaping up to be a very active year for regulatory and enforcement developments in the healthcare industry – developments that concern not just hospitals and nursing facilities, but many non-healthcare companies as...more

Miles & Stockbridge P.C.

Highlights from the Inaugural Hot Topics in Health Care Law

The Miles & Stockbridge Health Care Practice Group hosted its inaugural Hot Topics in Health Care Law seminar last month for clients from Maryland and beyond. Miles & Stockbridge health care lawyers kicked off the seminar...more

Davis Wright Tremaine LLP

Old Rule, New Tricks: HHS Finalizes Most Substantial Changes to Substance Use Disorder Confidentiality Rule in Decades

The long-anticipated final rule addressing substance use disorder (SUD) records at 42 C.F.R. Part 2, commonly referred to as Part 2, is here. The final rule is a joint undertaking by the U.S. Department of Health and Human...more

Davis Wright Tremaine LLP

HHS Reveals Strategy for Addressing Healthcare Sector Cybersecurity

The U.S. Department of Health and Human Services ("HHS") issued a concept paper describing its overarching strategy to address healthcare cybersecurity. The concept paper builds on the Biden-Harris Administration's National...more

Davis Wright Tremaine LLP

Information Blocking Enforcement Is Here – Are You Ready?

The U.S. Department of Health and Human Services (HHS) Office of Inspector General (OIG) announced its final rule (the Enforcement Rule) implementing the information blocking penalties created by the 21st Century Cures Act...more

Holland & Knight LLP

Information Blocking Enforcement Penalties Begin Sept. 1, 2023

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The U.S. Department of Health and Human Services (HHS) Office of Inspector General (OIG) recently posted the final rule establishing civil monetary penalties (CMPs) for information blocking (IB Enforcement Rule). The Rule...more

BakerHostetler

Steep Penalties for Information Blocking Finalized

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On June 27th, Office of the Inspector General (OIG) of the Department of Health and Human Services (HHS) posted its final rule (Final Rule), which amends the OIG’s civil monetary penalty (CMP) regulations to implement the...more

Ankura

Increases in Privacy and Security Complaints Lead to New Divisions Within the Office for Civil Rights

Ankura on

On February 27, 2023 the U.S. Department of Health and Human Services (HHS), through the Office for Civil Rights (OCR), announced the formation of three new divisions within the office: Enforcement Division, Policy Division,...more

Mintz - Health Care Viewpoints

Are You Ready? How to Prepare for the End of OCR’s Public Health Emergency HIPAA Enforcement Discretion

In April, 2020, in an effort to facilitate a national pivot to telehealth in light of the COVID-19 Public Health Emergency (PHE), the U.S. Department of Health & Human Services Office for Civil Rights (OCR) announced a policy...more

ArentFox Schiff

Key Takeaways from OCR’s Latest Annual HIPAA Reports to Congress

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On February 17, 2023, the US Department of Health and Human Services Office for Civil Rights (OCR) released two companion reports to Congress detailing its actions in 2021 to enforce the privacy, security, and breach...more

BakerHostetler

HHS Announces New Divisions to Address Weighty Case Load

BakerHostetler on

On February 27, 2023, the U.S. Department of Health and Human Services (HHS) announced that its law enforcement agency – the Office for Civil Rights (OCR) – will reorganize, adding new divisions to better address the rapid...more

Health Care Compliance Association (HCCA)

Report on Patient Privacy Volume 23, Number 2. ONC’s Tripathi: HIPAA Doesn’t Impede Sharing, Requirements Under Info Blocking...

Report on Patient Privacy Volume 23, no 2 (February 2023) When Micky Tripathi’s mom was recently transferred to a rehab facility to recover from a broken hip, the hospital, “right in front of me…printed off her record,...more

Sheppard Mullin Richter & Hampton LLP

Web Tracking Creates a Web of Data Privacy Risks

Regulatory enforcement and large litigation relating to the use of third party trackers on companies’ websites and applications have been on the rise. Tracking often occurs without the companies’ knowledge or consent. Third...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

Health Care Compliance Association (HCCA)

Report on Medicare Compliance Volume 31, Number 43. Proposed Part 2 Rule Brings It Closer to HIPAA, Including Enforcement,...

A proposed HHS regulation on the Confidentiality of Substance Use Disorder (SUD) Patient Records under 42 C.F.R. Part 2 would bring it further in line with HIPAA, which is somewhat of a double-edged sword, attorneys say....more

Woods Rogers

HIPAA Security Rule: What are “Recognized Security Practices” and why are they important?

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A strong cybersecurity program can help defend against cyber attacks and protect sensitive patient data. Thanks to a 2021 amendment of the HITECH Act, when a breach occurs, it can also reduce enforcement penalties. The...more

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