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On April 22, 2024, the U.S. Department of Health and Human Services (“HHS”) issued new regulations under the Health Insurance Portability and Accountability Act of 1996 (“HIPAA”) that impose new restrictions on the use and...more
On April 26, the US Department of Health and Human Services Office for Civil Rights (OCR) published a Final Rule that adds protections under the Health Insurance Portability and Accountability Act (HIPAA) Privacy Rule...more
In light of the ongoing investigation of Change Healthcare’s ransomware attack that resulted in the improper disclosure of thousands of individuals’ PHI, now seems like a perfect time to discuss HIPAA’s requirements...more
Employers will soon see the national debate about abortion popping up in some unexpected places: the HIPAA privacy policies and procedures and notices of privacy practices they use for their health benefit plans....more
Recently, lawsuits have been filed against Duke and WakeMed regarding their use of Meta’s Meta Pixel tracking product and the alleged improper disclosure of patients’ protected health information (“PHI”). The U.S. Department...more
The Federal Trade Commission (FTC) adopted a policy statement on Sept. 15, 2021, emphasizing that developers of digital health apps, connected devices and other health products have obligations under the Health Breach...more
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
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
On May 24, 2019, Oregon Governor Kate Brown signed into law Senate Bill 684, which requires vendors, service providers and other entities that maintain or possess consumers’ personal information to notify consumers of a...more
Section 1557 of the Affordable Care Act prohibits discrimination on the basis of race, color, national origin, sex, age, or disability in certain health programs or activities. Covered Entities that receive Federal financial...more
The Office of Civil Rights Audit Pilot Program has come to an end with 115 audits, primarily in person, having been completed. The Pilot Program had multiple revelations in privacy, some of which were probably, not so...more
Under the Privacy Rule, an individual has the right to adequate notice of how a covered entity may use and disclose PHI about the individual, as well as his/her rights and the covered entity’s obligations with respect to that...more
The long-awaited final omnibus rule (Omnibus Rule) that modifies the Health Insurance Portability and Accountability Act of 1996 (HIPAA) [1] took effect last week, on March 26, 2013. Leon Rodriguez, Director of the U.S....more
The Omnibus Rule went into effect on March 26, 2013. While covered entities and business associates have until Sept. 23, 2013, to comply with new restrictions and obligations, they can take advantage of the rule’s benefits...more
In This Issue: - A Baker's Dozen of Significant Changes From the HIPAA/HITECH Rule 1. Business Associates and Subcontractors 2. Breach Notification 3. Covered Entity Organizational Structures 4. Cloud...more
On January 25, 2013, the Department of Health and Human Services (HHS) published final regulations that modify the Privacy, Security, Enforcement and Breach Notification Rules issued pursuant to the Health Insurance...more
On January 25, 2013, the Office for Civil Rights (OCR) of the U.S. Department of Health and Human Services (HHS) published a final rule (Final Rule) containing modifications to the privacy standards (Privacy Rule), security...more
Originally posted in Hartford Business Journal on February 11th, 2013. Attention all medical providers, hospitals and any other covered entity or business associate under HIPAA. On Jan. 17, the U.S. Department of Health...more
In This Issue: - Definition of “Unsecured Protected Health Information” - Notice Requirements - Action Items to Comply with the Breach Notification - Excerpt from Definition of “Unsecured Protected Health...more
The Office for Civil Rights of the Department of Health and Human Services (“OCR”) has issued final regulations modifying the Health Insurance Portability and Accountability Act (“HIPAA”) Privacy, Security, Breach...more
Changes to the HIPAA Breach Notification Rule - Background: The HITECH Act required Covered Entities to notify individuals, HHS, and in some cases, the media, of a Breach of Unsecured PHI. A Business Associate is...more
If your company is subject to HIPAA, new rules published by the Department of Health and Human Services (“HHS”) will require changes in your policies and practices regarding data breaches....more
On January 17, 2013, the Department of Health and Human Services issued a final rule amending the Health Insurance Portability and Accountability Act (HIPAA) privacy and security regulations and implementing the Health...more
In This Issue: - Brief Overview of Key Modifications in the Final Rule - Suggested Action Items for Compliance with the Final Rule ..Covered Entities ..Business Associates - Consequences of Noncompliance...more
Way back on February 17, 2009, Congress passed a stimulus bill that contained provisions referred to as the Health Information Technology for Economic and Clinical Health ("HITECH") Act. The HITECH Act was geared toward...more