News & Analysis as of

Office of Civil Rights Healthcare

Lack of Timely Action and Knowledge of Risk Results in $3.2 Million Civil Monetary Penalty for HIPAA Violations

Children’s Medical Center of Dallas (Children’s) was hit with a $3.2 million civil penalty from the U.S. Department of Health and Human Services, Office for Civil Rights (OCR) for failing to take steps to properly protect...more

Children’s Medical Center of Dallas Clobbered by OCR

In a rare move by the OCR, it assessed a $3.2 million fine against Children’s Medical Center of Dallas (Children’s) after it issued a Notice of Proposed Determination against Children’s and Children’s failed to request a...more

Key HIPAA Settlement Agreements by HHS’s Office for Civil Rights in 2015 & 2016

by LeClairRyan on

The last time this blog presented an overview of key HIPAA settlement agreements at the Office for Civil Rights in the U.S. Department of Health and Human Services was a review of 2014. The number of complaints that year had...more

Privacy and Data Security: 2017 Year in Preview

by Polsinelli on

Few issues keep executives awake at night more than Privacy and Data Security. New regulations and threats alike are plentiful, varied, and evolving. The rate of change for cybersecurity and information governance continues...more

What Did They Say About Cybersecurity in 2016? 8 Proclamations from Regulators and the Courts

by Orrick - Trust Anchor on

There is no such thing as compliance with the NIST Cybersecurity Framework (FTC). In September, the FTC dispelled a commonly held misconception regarding the NIST Framework: It “is not, and isn’t intended to be, a standard or...more

OCR’s 2016 Ransomware ‘Guidance’: A Health Care Provider’s New Best Friend?

by Lane Powell PC on

Background on Ransomware Attacks - Doomsday-esque ransomware scenarios are having an increasing impact on the health care industry, becoming commonplace in 2016. Security experts and the media have reported that health...more

ONC and OCR Issue Joint Fact Sheet on Use of PHI for Public Health Activities

Whenever fact sheets or other guidance is issued by either the Office of the National Coordinator for Health Information Technology (ONC) or the Office for Civil Rights (OCR), it helps gain insight into the thinking of the...more

UMass Amherst Settles HIPAA Violations with OCR for $650,000

The Office for Civil Rights (OCR) has announced that the University of Massachusetts Amherst (UMass) has agreed to settle an investigation against it as a result of a malware infection for $650,000, along with implementing a...more

OCR Alerts Listservs About Fake Phishing Email to Covered Entities and Business Associates

On November 28, 2016, the Office for Civil Rights (OCR) issued an Alert to its listservs that a phishing email is being circulated on “mock HHS Departmental letterhead under the signature of OCR”s Director, Jocelyn Samuels”...more

Beware of Phishing Email Disguised as Official OCR Audit Communication

by Ballard Spahr LLP on

The Office of Civil Rights (OCR) of the U.S. Department of Health and Human Services (HHS) has posted an alert (and a follow-up alert) warning health plans, health care providers, and their vendors of a mock communication...more

Cybersecurity 2017 – The Year In Preview: HIPAA Compliance

Editor’s Note: This is the third in a continuing end-of-year series. The year ahead promises to be a busy one for those with responsibility for HIPAA compliance, as the Office of Civil Rights (OCR), charged with...more

OCR Stresses Importance of Authentication in Newsletter

In a recent newsletter, the Office for Civil Rights (OCR) encourages health care organizations to review their procedures around authentication and “ensure that they have the appropriate safeguards in place.”...more

HIPAA Audits – Phase 2: On-Site Audits Scheduled for First Quarter of 2017

by Akerman LLP - Health Law Rx on

Covered Entities and Business Associates may be ringing in the New Year with the prospect of responding to on-site HIPAA audits by federal regulators. The U.S. Department of Health and Human Services Office for Civil Rights...more

Confusing Joint Guidance published by OCR and FTC on HIPAA Authorization Forms

There are arguments that there is a dearth of guidance by both the Office for Civil Rights (OCR) and Federal Trade Commission (FTC), so when guidance comes out, we listen. But the most recent guidance jointly issued by the...more

Religious Institutions Update: October 2016

by Holland & Knight LLP on

Timely Topics - The final rule implementing Section 1557 of the Patient Protection and Affordable Care Act (ACA) was issued by the U.S. Department of Health and Human Services (HHS) Office for Civil Rights (OCR) on May...more

HHS Publishes New Guidance on HIPAA and Cloud Computing

by Stinson Leonard Street on

The U.S. Department of Health and Human Services Office for Civil Rights (OCR) has issued a new guidance regarding HIPAA compliance and the use of cloud computing solutions. The guidance is intended to assist covered entities...more

St. Joseph Health Settles with OCR for $2.14 Million

The Office for Civil Rights (OCR) has announced that it has entered into a settlement with St. Joseph Health, which operates hospitals and nursing homes in California, Texas and New Mexico, for $2.14 million for alleged HIPAA...more

OCR Releases HIPAA Guidance on Cloud Computing

On October 6, 2016, the Department of Health and Human Services Office for Civil Rights (OCR) released HIPAA guidance on cloud computing (Guidance). The Guidance is intended to help covered entities and business associates...more

GAO Study Slams HHS For Lack of Guidance to Covered Entities

We watch closely for any guidance to HIPAA covered entities and business associates from the Department of Health and Human Services Office for Civil Rights (HHS/OCR). Why? Because there is so little of it. Lately, the only...more

Small-Breach Focus Shows Growing Scope Of HIPAA Probes

by Ropes & Gray LLP on

Flexing yet more enforcement muscle under the Health Insurance Portability and Accountability Act, on Aug. 18, 2016, the U.S. Department of Health and Human Services Office for Civil Rights announced that it will more widely...more

Orleans Medical Clinic Notifies 6,890 Patients of Data Breach

Orleans Medical Clinic (Orleans) in Indiana has notified the Office for Civil Rights that the protected health information of 6,890 patients was compromised as a result of an upgrade to its server. Orleans is in the process...more

Healthcare Compliance: Juggling Risk Mitigation Strategies

by Michael Volkov on

Healthcare organizations – ranging from physician practice groups to large, multi-state hospital systems – face a variety of risks, including fraud and abuse, as well as HIPAA privacy issues. Starting from a baseline risk...more

Corporate E-Note - August 2016

by Burr & Forman on

In a “Table of Experts” series published on July 15, 2016 by the Birmingham Business Journal, Ed Christian provides his insight into a series of questions related to mergers and acquisitions. Please see full E-note below...more

Agencies Encourage New Privacy Regulations to Close the mHealth Black Hole and Keep Pace with Evolving Technologies

by Polsinelli on

On July 19, 2016, the ONC submitted a report to Congress which suggests that health privacy regulations soon may be revised to catch up with the universe of mHealth technologies that now use and share personal health data....more

HHS Issues Final Non-Discrimination Rules for Healthcare Providers

Healthcare providers and others who receive federal financial assistance are now subject to new non-discrimination rules and notice requirements under the Affordable Care Act. The new regulation prohibits discrimination in...more

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Cybersecurity

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