News & Analysis as of

Massive Data Breach Affects 4.5 Million Patients in 29 States

Community Health Systems, Inc. (the “Company”), one of the largest hospital organizations in the country, announced via a public filing (Form 8K) made yesterday with the Securities and Exchange Commission (“Report”) that the...more

On the Second Day of Privacy, California Gave to Me……

Well, the headlines don’t exactly work with the traditional tune, but blame the editor for that... 2013 was a busy year for California. We passed a budget with a surplus, let Kim and Kanye get engaged in one of our...more

OCR Releases Model Notices of Privacy Practices

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

North Dakota Breach Notification Law - Personal Information Includes Health Information

North Dakota has amended its Notice of Security Breach for Personal Information statute, North Dakota Century Code Section 51-30 et seq., to expand the definition of “personal information” to include “medical information” and...more

It's Never Too Late To Give Guidance: OCR Starts Releasing HIPAA Omnibus Rule Guidance In Anticipation Of September 23 Compliance...

This has been a busy week for the Department of Health and Human Services / Office for Civil Rights (HHS/OCR). It has started releasing guidance on various provisions of the Omnibus HIPAA final rule (the "Final Rule") in...more

Privacy Monday – September 23, 2013: Today Is HIPAA Compliance Day – 5 Things That You Should Have Done

Today’s the day! Today marks the long-awaited compliance date for the HIPAA Omnibus Rule. In case you have put any thoughts of compliance with the Omnibus Rule out of your mind, you can no longer escape. Here...more

Breach Notification: New Rules!

If you sponsor a group health plan that is subject to the HIPAA Privacy and Security Rules, it is time to review and revise your policies and procedures and re-train your employees regarding the proper procedures when...more

The ERISA Litigation Newsletter - June 2013

Our articles this month focus on health care reform. First, Jim Napoli and Brian Neulander comment on the potential for litigation under the Affordable Care Act's (ACA's) whistleblower protections and ERISA Section 510 as a...more

More To Do’s to Add to Your 2013 Health Plan Compliance Calendar – Don’t Forget About HIPAA/HITECH

For much of 2013, group health plan sponsors have been gearing up for the compliance challenges associated with the Affordable Care Act. There is no doubt that much of the planning, focus and energy trained on the next round...more

HIPAA Task Force – May 2013

In this issue: - What Your Business Needs To Do About Hipaa — Now - Action Items for Covered Entities and Business Associates (including Subcontractors) - Changes Impacting Business Associates (including...more

The HIPAA Omnibus Final Rule—Data Privacy and Security Implications for Business Associates and Covered Entities

On January 17, 2013, the Office for Civil Rights (‘‘OCR’’) of the U.S. Department of Health and Human Services (‘‘HHS’’) published the HIPAA Omnibus Final Rule (‘‘Final Rule’’) which OCR has trumpeted as carrying ‘‘the most...more

Newly Effective HIPAA Omnibus Rule Makes Sweeping Changes to HIPAA

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

Time to Take Advantage of HIPAA Omnibus Rule's "Good News": Fundraising, Research, and Student Immunization Records

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

HIPAA’S FINAL RULE: Putting Things in Perspective – Comments from OCR

On March 22, 2013, Health and Human Services (“HHS”) Office for Civil Rights (“OCR”) Director Leon Rodriguez presented the keynote address to attendees of the American Health Lawyers’ Association HIPAA/HITECH Conference in...more

McAfee & Taft EmployerLINC Employee Benefits Alert: New HIPAA regulations for sponsors of group health plans

The U.S. Department of Health and Human Services recently released its final regulations – also known as the “Final Rule” or “Omnibus Rule” – modifying the privacy, security, breach notification and enforcement rules...more

Burr Alert: Employer Obligations Under New HIPAA Rules

With all of the attention garnered by healthcare reform, it would be easy to overlook the new HIPAA rules (the "Rules") applicable to covered entities under HIPAA, which include employer group health plans. Compliance with...more

What We Need to Do to Comply with the Final HIPAA Rule: A Summary of the Privacy Obligations for Health Care Providers, Health...

On January 25, 2013, the U.S. Department of Health and Human Services (HHS) published the highly anticipated Omnibus Rule, which makes extensive changes (as promulgated by the Health Information Technology for Economic and...more

HITECH and HIPAA: The Final Rule

The final rule implementing new obligations under HITECH and changing obligations under HIPAA is finally out. Covered entities and business associates need to come into compliance with these requirements by September 23,...more

HEALTH REFORM: HIPAA Omnibus Rule's Impact on Notices of Privacy Practices

This health reform alert summarizes the key changes to the Notice of Privacy Practices ("NPP")[1] requirements in the revised Health Insurance Portability and Accountability Act ("HIPAA") regulations (the "Omnibus Rule")[2]...more

What the New HIPAA Rules Say About Health Information Technology for Users, Developers and Investors

Health Information Technology Under HIPAA - Central to healthcare reform efforts is the use of health information technology ("HIT"), a broad term that is often used in conjunction with electronic health records...more

Don't Get Pinched by New HHS PHI Rules

HHS has released its much-anticipated final omnibus rule about protected health information. The rule addresses privacy and security issues, including defining a business associate and expanding individuals' rights to...more

New HIPAA Regulations Require Action by Group Health Plans

Final HIPAA privacy and security regulations issued by the U.S. Department of Health and Human services will require action by group health plan sponsors by September 2013....more

Highlights of the Omnibus HIPAA/HITECH Final Rule

On January 25, 2013, the Office of Civil Rights (OCR) of the Department of Health & Human Services (HHS) published the long-awaited omnibus final regulation governing health data privacy, security and enforcement (Omnibus...more

Final Omnibus Rule modifies HIPAA Privacy, Security and Enforcement Rules

On January 25, 2013, the Final Rule modifying the Health Insurance Portability and Accountability Act (HIPAA) Privacy, Security, and Enforcement Rules was published in the Federal Register. Among other things, the omnibus...more

Final HIPAA/HITECH Rules: Compliance Actions for Employee Benefit Plans

The Department of Health and Human Services recently released final regulations modifying the HIPAA Privacy, Security Breach Notification and Enforcement Rules (the “Omnibus Rule”). These regulations have far-reaching effects...more

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