News & Analysis as of

Office of Civil Rights Delays Phase 2 Audits

The Office of Civil RIghts (“OCR”) recently announced that Phase 2 of the HIPAA audits would be further delayed because the audit portals and project management tools that are needed to initiate the audit process are not...more

HIPAA and “Meaningful Use” Audits: Issues to Consider and How to Prepare

As more and more providers adopt electronic health records (“EHRs”) systems (and with new regulations concerning their required use for purposes of Medicare billing for chronic care management, their popularity can only...more

Preparing for Phase 2 HIPAA Audits: It’s All About the Documentation

The launch of Phase 2 HIPAA audits is imminent. Although any individual hospital has only a small chance of getting audited, preparation helps protect a hospital if it is ever investigated for potential HIPAA violations. In...more

Bernstein Shur’s Labor and Employment Practice Group Highlights Legal Issues to Watch in 2015

HIPAA in the Workplace - In late 2013, the Office of Inspector General issued a report critical of the Office of Civil Rights’ enforcement of the Health Insurance Portability and Accountability Act. OCR enforcement of...more

Pressure Points: OCR Enforcement Activity in 2014

During 2014, the Office for Civil Rights (OCR) of the U.S. Department of Health & Human Services initiated six enforcement actions in response to security breaches reported by entities covered by the Health Insurance...more

Locke Lord QuickStudy: Recent Health Care Updates

On January 29, the Centers for Medicare & Medicaid Services (CMS) announced its plan to propose changes to the Electronic Health Record Incentive Program (EHR Incentive Program). According to CMS, the rule will address...more

Deadline Approaching to Report Certain HIPAA Breaches to Federal Officials

The HIPAA Breach Notification Rule requires covered entities to notify the Secretary of the Department of Health and Human Services (HHS) if a breach of unsecured protected health information (PHI) is discovered. As most...more

State Of The Union “Sneak Peek” Highlights Administration Cybersecurity Initiatives

As part of a series of “sneak peeks” announced in advance of the State of the Union address on Tuesday, January 20th, President Obama made remarks last week before the Federal Trade Commission, the Department of Homeland...more

Alert: Five Ways to Reduce Your HIPAA Liability

As of early December 2014, 1,170 security breaches under the Health Insurance Portability and Accountability Act (HIPAA) involving 31 million records had been reported to the U.S. Department of Health and Human Services (HHS)...more

Blog: Next Round of HIPAA Audits to Begin “Expeditiously”

During a media roundtable held this week, the Director of the U.S. Department of Health and Human Services’ Office for Civil Rights (OCR) Jocelyn Samuels provided additional information regarding the long awaited next round...more

HIPAA Compliance: Are You Prepared for the 2015 HITECH Act Audits?

In 2015, the United States Department of Health & Human Services (HHS) Office of Civil Rights (OCR) will begin enforcing the requirements of the Health Insurance Portability and Accountability Act (HIPAA) and the Health...more

On the Tenth Day of Privacy, OCR Gave to Me…..

……………..a cumbersome C-A-P The U.S Department of Health and Human Services Office for Civil Rights has received tremendous publicity in recent years for its upward-trendingfines and aggressive enforcement of HIPAA...more

Latest HIPAA Settlement: Compliance is an Ongoing Process

The U.S. Department of Health and Human Services, Office for Civil Rights (OCR) issued its first settlement under new OCR Director Jocelyn Samuels earlier this month. This latest settlement serves as a reminder that a...more

$150,000 HIPAA Settlement Following Breach of Unsecured PHI Due To Malware

The U.S. Department of Health and Human Services (HHS) Office of Civil Rights (OCR) announced on December 8, 2014 that a community behavioral health organization agreed to pay $150,000 and adopt a corrective action plan to...more

Just in Time for the Holidays: Another HIPAA Settlement

On December 2, 2014, the Office for Civil Rights (OCR) and Anchorage Community Mental Health Services, Inc., (ACMHS) entered into a Resolution Agreement and Corrective Action Plan (CAP) to settle alleged violations of the...more

Failure to Follow HIPAA Policies Results in $150,000 Liability and Corrective Action Plan

The U.S. Department of Health and Human Services, Office for Civil Rights (HHS-OCR) has recently released information about another HIPAA settlement, emphasizing yet again the government's focus on the Health Insurance...more

HIPAA Settlement Underscores the Vulnerability of Unpatched and Unsupported Software

The title of this alert, which comes straight from the Department of Health and Human Services Office for Civil Rights' (OCR) announcement of its most recent settlement, again underscores the critical need for covered...more

Anchorage Community Mental Health Services to Pay $125,000 in Newest HIPAA Settlement: Covered Entities and Business Associates...

Anchorage Community Mental Health Services, Inc. (“ACMHS”) will pay $125,000 to the United States Department of Health and Human Services, Office for Civil Rights (“OCR”) to settle alleged violations of the Health Insurance...more

HIPAA Settlement Continues to Emphasize the Importance of Security Policies and Procedures

A recently announced settlement between Anchorage Community Mental Health (“ACMHS”) and the U.S. Department of Health & Human Services Office for Civil Rights (“OCR”) emphasizes, once again, the importance of compliance with...more

Blog: Alaska Provider Reaches HIPAA Settlement with OCR for Security Deficiencies

On December 8, 2014, the U.S. Department of Health and Human Services’ Office for Civil Rights (“OCR”) announced that Anchorage Community Mental Health Services (“ACMHS”) has agreed to settle potential violations of the...more

Preparing for HIPAA Compliance Audits

The U.S. Department of Health and Human Services (HHS), Office for Civil Rights (OCR), the office responsible for administering and enforcing the Health Insurance Portability and Accountability Act of 1996 (HIPAA), will...more

HIPAA Privacy in Emergency Situations

In light of the Ebola outbreak and other events, the U.S. Department of Health and Human Services, Office for Civil Rights, released a bulletin to ensure HIPAA covered entities are aware of the ways in which patient...more

HHS Issues Special HIPAA Guidance for Ebola Outbreak

The U.S. Department of Health and Human Services ("HHS"), Office for Civil Rights ("OCR"), released a bulletin last week addressing how covered entities (including certain health care providers and employer group health...more

Data, Privacy & Security Practice Report – Also in the News: November 2014

Office for Civil Rights Releases HIPAA Bulletin in Light of Ebola Outbreak – The U.S. Department of Health and Human Services Office for Civil Rights released a bulletin today reminding HIPAA covered entities and...more

OCR Publishes Bulletin Regarding Privacy in Light of Ebola Outbreak

In response to the recent Ebola outbreak in West Africa and in light of patients being treated in several hospitals in the U.S., the HHS, OCR (OCR) recently issued a HIPAA Bulletin to remind us that HIPAA covered entities and...more

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