News & Analysis as of

National Institute of Standards and Technology HITECH Act

Epstein Becker & Green

2024 Update: Regulators Use “Carrots and Sticks” to Incentivize Healthcare Sector Cybersecurity Compliance

Epstein Becker & Green on

Healthcare organizations continue to be prime targets of cyberattacks. It is well-established that cyberattacks can lead to financial loss, reputational damage, and, in some cases, risks to patient care and safety. The recent...more

Baker Donelson

HIPAA Updates: The Obligations Continue to Unfold

Baker Donelson on

There has been a notable emphasis on proactive enforcement of the privacy and security of protected health information in recent weeks as evidenced by multiple developments regarding compliance with the Health Insurance...more

Davis Wright Tremaine LLP

Tennessee Information Protection Act Is Signed Into Law

The Tennessee Information Protection Act (TIPA) passed unanimously through both houses of the Tennessee legislature and was signed by Governor Bill Lee on May 11, 2023. Tennessee joins seven states in enacting a comprehensive...more

Woods Rogers

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

Woods Rogers on

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

ArentFox Schiff

OCR Seeks Public Comments on HIPAA/HITECH Security and Enforcement Provisions

ArentFox Schiff on

The HHS Office for Civil Rights is requesting comments about HIPAA covered entities’ and business associates’ implementation of “recognized security practices” and payments to “harmed individuals” from funds the agency...more

Hogan Lovells

HHS seeks comment by June 6 on recognized security practices as mitigating factor in HIPAA enforcement

Hogan Lovells on

The US Department of Health Human Services (HHS) is seeking public comments about the appropriate role of “recognized security practices” in enforcement of the HIPAA Security Rule. Congress, through an amendment to the HITECH...more

Mintz - Health Care Viewpoints

OCR RFI: Have You Implemented Your Recognized Security Practices?

The Office for Civil Rights (OCR) of the U.S. Department of Health and Human Services (HHS) released a Request for Information (RFI) to obtain industry feedback and inform potential future rulemaking regarding information...more

Foley & Lardner LLP

HHS Requests Comments on HIPAA/HITECH Act: Recognized Security Practices & Methodologies to Compensate Harmed Individuals

Foley & Lardner LLP on

On April 4, 2022, the U.S. Department of Health and Human Services (HHS) released a Request for Information (RFI) seeking input from HIPAA-covered entities and business associates on how the industry understands and is...more

Baker Donelson

Office For Civil Rights Seeks Input on Implementation of HITECH Amendments

Baker Donelson on

On April 6, 2022, the U.S. Department of Health and Human Services (HHS) Office for Civil Rights (OCR) released a Request for Information (RFI) seeking public comment on "recognized security practices" and on sharing civil...more

Holland & Knight LLP

Get Ready for HIPAA Questions on Your Recognized Security Practices

Holland & Knight LLP on

An amendment to the Health Information Technology for Economic and Clinical Health (HITECH) Act was signed into law on Jan. 5, 2021, directing U.S. Health and Human Services (HHS) to consider "recognized security practices"...more

Sheppard Mullin Richter & Hampton LLP

Connecticut Enacts New Cybersecurity Safe Harbor

Connecticut recently enacted cybersecurity legislation that provides a safe harbor for businesses that implement a written cybersecurity program. Under the legislation, set to go in effect on October 1, 2021, punitive damages...more

Troutman Pepper

Connecticut Passes Stronger Data Breach Notification and Cybersecurity Liability Statutes

Troutman Pepper on

Introduction - The Connecticut legislature recently enacted a pair of new data breach and cybersecurity statutes — Public Act 21-59 and Public Act 21-119 — on June 16 and July 6, respectively. Both laws will take effect on...more

McGuireWoods LLP

As HIPAA, HITECH Undergo Modernization, NIST Seeks Comment on Security Standard Guidance

McGuireWoods LLP on

On January 21, 2021, the Department of Health and Human Services (HHS) published proposed modifications to the Health Insurance Portability and Accountability Act of 1996 (HIPAA) and the Health Information Technology for...more

Epstein Becker & Green

Hitting the Reset Button: NIST Seeks Comments on Version 2.0 of HIPAA Security Rule Compliance Guidance

Cyber threats and cybersecurity controls have evolved significantly over the past two decades since the HIPAA Security Rule were originally promulgated. During this same time, healthcare entities have increasingly become a...more

Epstein Becker & Green

HITECH Act Amendment Incentivizes Adoption of NIST and Other Recognized Cybersecurity Safeguards as a Defense or Mitigation to...

Epstein Becker & Green on

On January 5, 2020, HR 7898, became law amending the Health Information Technology for Economic and Clinical Health Act (HITECH Act), 42 U.S.C. 17931, to require that “recognized cybersecurity practices” be considered by the...more

WilmerHale

Congress Passes Bill to Mitigate Penalties for Potential HIPAA Violations

WilmerHale on

On December 19, the Senate passed H.R.7898, which the House of Representatives had previously passed on December 9. This law amends the Health Information Technology for Economic and Clinical Health (HITECH) Act to require...more

Holland & Knight LLP

Impact of the New Health Industry Cybersecurity Practices: 2019 Outlook

Holland & Knight LLP on

• The U.S. Department of Health and Human Services on Dec. 28, 2018, announced the release of the "Health Industry Cybersecurity Practices: Managing Threats and Protecting Patients" that provides a "Call to Action" to make...more

Holland & Knight LLP

HHS Releases Voluntary Healthcare Cybersecurity Practices

Holland & Knight LLP on

On Dec. 28, 2018, the U.S. Department of Health and Human Services (HHS) announced the release of voluntary cybersecurity practices and tools for the healthcare industry. The documents were the result of Section 405(d) of the...more

Winstead PC

How Recent Cybersecurity Government Publications Impact HIPAA Security Compliance and the New Audit Initiative

Winstead PC on

Cybersecurity Impacts on HIPAA Security Compliance and the New Audit Initiative - New Audit Initiative Items to Watch - While The HHS Office for Civil Rights recently announced its intent to perform a second...more

Alston & Bird

HHS Issues HIPAA Security Rule Crosswalk with NIST Cybersecurity Framework

Alston & Bird on

Last week, the HHS Office for Civil Rights (OCR) released a crosswalk between the requirements of the HIPAA Security Rule and the NIST Cybersecurity Framework. ...more

Bradley Arant Boult Cummings LLP

Privacy and Security Alert: January 9th, 2014

On December 5, 2013, the Office of Inspector General (OIG) reported on the Office for Civil Rights’ (OCR) compliance as of May 2011 with oversight and enforcement of the Security Rule and compliance with federal cybersecurity...more

Winstead PC

Cloud Computing: Healthcare Issues in a Digital Age – (Part Two)

Winstead PC on

Hospitals and health care providers must often look to third party vendors offering cloud computing solutions, but are these companies well-prepared to meet the HIPPA/HITECH Act privacy and security requirements as well as...more

Troutman Pepper

NIST Proposes Privacy Control Roadmap For Organizations

Troutman Pepper on

In an age in which safeguarding the privacy of a person’s information is becoming increasingly challenging, the National Institute of Standards and Technology (NIST) encourages organizations to devote time and resources to...more

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