News & Analysis as of

Medical Records Covered Entities Health Insurance Portability and Accountability Act (HIPAA)

Jones Day

U.S. District Court Invalidates HHS Guidance Overreading HIPAA's Application to Online Technologies

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On June 20, 2024, a U.S. federal district court held, in a suit brought by Jones Day, that the Department of Health and Human Services ("HHS") had misapplied the Health Insurance Portability and Accountability Act ("HIPAA")...more

Holland & Hart LLP

Idaho's New Parental Access Law v. HIPAA

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As discussed in our prior health law update, New Limits on Minor Consents in Idaho, effective July 1, 2024, parents generally will have the right to access the medical records of their unemancipated minor children subject to...more

Bricker Graydon LLP

Is Your School District Health Plan Subject to HIPAA?

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For the vast majority of records maintained by public schools, the Health Insurance Portability and Accountability Act (“HIPAA”) is not applicable. This is because most records that contain medical information related to a...more

Saul Ewing LLP

Make Sure Mom's Records Are Timely Provided; Two New HIPAA-Covered Entity Payments Announced

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​The U.S. Department of Health and Human Services ("HHS"), Office for Civil Rights ("OCR") continues to be actively engaged in investigating and settling alleged HIPAA violations. In advance of Mother's Day, two decisions...more

BakerHostetler

HHS Proposes New Rule Aligning Part 2 Regulations with HIPAA

BakerHostetler on

On November 28, 2022, the U.S. Department of Health and Human Services (HHS) Office for Civil Rights (OCR) and the Substance Abuse Mental Health Services Administration (SAMHSA) announced a Notice of Proposed Rulemaking...more

Ankura

HIPAA Right of Access From a Dental Practice Perspective

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The Right of Access Initiative by the Office for Civil Rights (OCR) at the Department of Health and Human Services (HHS) began in 2019. On September 20, 2022, the OCR published its latest press release on the matter...more

Schwabe, Williamson & Wyatt PC

Healthcare Employee Data Privacy during the COVID-19 Pandemic

The COVID-19 pandemic has presented many novel challenges and questions for employers, from administration of Families First Coronavirus Response Act (“FFCRA”) leave to managing performance of remote workers. For healthcare...more

Health Care Compliance Association (HCCA)

After a Breach Is Too Late: Ensure BA, Subcontractor Compliance Now

Report on Patient Privacy 21, no. 3 (March 2021) - Sometime during the fall, a worker for a subcontractor of Humana Inc. decided to share actual member information from medical records via a Google document with people he...more

Bricker Graydon LLP

[Webinar] OCR Enforcement Activity: Recent HIPAA Audits & Right of Access Initiative Settlements - March 4th, 12:00 pm - 1:00 pm...

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Health care technology has seen an incredible amount of change over the past twelve months. As health care providers and entities continue to provide patient care in unprecedented times, it is becoming increasingly important...more

Bricker Graydon LLP

[Webinar] HIPAA in 2021: Proposed Changes to the Privacy Rule - January 25th, 12:00 pm - 1:00 pm EST

Bricker Graydon LLP on

On December 10, 2020, the Department of Health and Human Services (HHS) announced proposed revisions to the HIPAA Privacy Rule that would significantly impact the day-to-day operations of HIPAA covered entities. In this...more

NAVEX

4 Ways to Protect ePHI Beyond HIPAA Compliance

NAVEX on

Given the choice between credit card data and digital health records, cybercriminals prefer the latter. A stolen credit card can be canceled. Electronic protected health information (ePHI) with its treasure-trove of...more

Holland & Hart - Health Law Blog

Use of PHI for Non-Patient Purposes

In an era of decreasing reimbursement and rapidly expanding opportunities associated with “big data”, healthcare entities may be looking for ways to monetize protected health information (“PHI”) for their own, non-patient...more

Fox Rothschild LLP

Tell Me Again: What Can Covered Entities (Or Their Business Associates) Charge For Medical Records Requests?

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The answer to this question has changed yet again. I’ve blogged on this topic several times in the past, and described the question as a wriggling worm. Plaintiff Ciox Health, LLC has finally managed to catch that worm and...more

Fisher Phillips

Reminder: Coronavirus Emergency Does Not Trump HIPAA Privacy Rule

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The government just sent a stern reminder to all employers, especially those involved in providing healthcare, that they must still comply with the protections contained in the HIPAA Privacy Rule during the Coronavirus...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

Health Care Compliance Association (HCCA)

Updated joint guidance on privacy and student education and health records

Compliance Today (February 2020) - On December 19, the U.S. Department of Education and the Office for Civil Rights at the U.S. Department of Health and Human Services announced the release of the “updated joint guidance...more

Shumaker, Loop & Kendrick, LLP

Client Alert: The Office for Civil Rights May Fine Providers for Failure to Provide Timely Access to Health Records: Now is the...

Most health care providers are aware that the Health Insurance Portability and Accountability Act of 1996 (“HIPAA”) and its accompanying negotiations provide for the privacy and security of patients’ health care...more

Cranfill Sumner LLP

HIPAA Compliance in Response to a Subpoena

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We are frequently approached by health care providers who have received a subpoena demanding patient records for a lawsuit to which the health care provider is not a party. Often times these subpoenas arrive without warning...more

Robinson+Cole Data Privacy + Security Insider

Privacy Tip #191 – Trying to Protect Your Medical Information—Let’s Ask Questions About Data Security

In the top three of the list of highly sensitive personal data to be concerned about is our medical information. It’s so sensitive because it is so personal. It used to be that our medical information was located in paper...more

Fox Rothschild LLP

Bankrupt Medical Records Company Hit With $100,000 Penalty For HIPAA Violations

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Filefax, Inc., a defunct Illinois medical records storage and management company, has been fined $100,000 for improperly handling medical data under an agreement with the court-appointed receiver managing the company’s assets...more

Fox Rothschild LLP

The Cost For A Copy Of Medical Records? It May Depend Who’s Asking

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The Report to Congressional Committees of the U.S. Government Accountability Office (“GAO Report”), required under the 21st Century Cures Act, came out about a month earlier than required, but this early bird failed to catch...more

McGuireWoods LLP

Is HIPAA A Sleeping Giant?

McGuireWoods LLP on

So far, 2018 has been a light year in terms of HIPAA enforcement. There have been only two publicly-disclosed settlements. But that doesn’t mean covered entities and business associates should let their guard down and...more

Mintz - Health Care Viewpoints

HIPAA Enforcement Survives Closure of Business

The U.S. Department of Health and Human Services Office for Civil Rights (OCR) recently announced a $100,000 settlement with a company that is no longer in business. Filefax, Inc. (Filefax) was an Illinois company that...more

Mintz - Privacy & Cybersecurity Viewpoints

HIPAA spring check-up: Your obligations to safeguard third-party patient health information in medical records produced in...

You’ve had your apple a day, but you can’t keep the subpoenas away… And, if your organization is facing a request seeking records or other materials that may contain patient health information (“PHI”), it bears...more

Perkins Coie

Potential HIPAA Pitfalls for Developers of Healthcare Apps

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As federal and state governments struggle to address future healthcare regulation, demand for healthcare that is cheaper, better and faster continues to surge. Every day, new healthcare apps are being developed to respond...more

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