News & Analysis as of

Check Your Inbox: OCR Continues to Verify Entity Contact Information for Phase 2 HIPAA Audits

Covered Entities need to continue to check their inboxes for emails from the HHS Office for Civil Rights (“OCR”) requesting verification of contact information in connection with Phase 2 of the HIPAA Audit Program. OCR...more

Health Law Wire: Recent HIPAA Settlements Highlight the Importance of Business Associate Agreements (5/16)

The Office of Civil Rights (OCR), the agency within the United States Department of Health and Human Services that enforces the HIPAA Privacy and Security Rules, recently sent a clear message about the importance of business...more

Recent Settlements and Upcoming Audits Highlight the Continuing Need to Focus on Core HIPAA Compliance Measures

Recent settlements and initiatives conducted by the Office for Civil Rights ("OCR") at the U.S. Department of Health and Human Services highlight the continuing need for focus on compliance with the privacy and security...more

What's New with HIPAA?

A number of new developments have taken place related to Health Insurance Portability and Accountability Act (HIPAA) privacy and security compliance, and enforcement is increasing. Healthcare providers, health plans and other...more

Also In the News - Data, Privacy, & Security Practice Report - May 2016

OCR Releases Guidance On Data Security Incident Preparedness—On May 3, 2016, the Office for Civil Rights (“OCR”) within the U.S. Department of Health & Human Services released its cyber-awareness monthly update on the topic...more

Key Data Privacy and Security Concerns for Investment Firms

Privacy and data security concerns are among the most critical issues facing investment funds, advisors and managers (collectively, “investment firms”). This article outlines the privacy and data security challenges...more

OCR Updates HIPAA Audit Protocol for Phase 2

Recently, the Office of Civil Rights (“OCR”) provided an updated protocol that it will use when assessing compliance with HIPAA rules. OCR recently began Phase 2 of its HIPAA compliance audits, extending coverage of these...more

Expansion of HIPAA audit program now underway

As detailed in our latest webinar, “Daunting but doable: Preparing for the next round of HIPAA audits,” the Office for Civil Rights (OCR) has begun implementing the first full-phase HIPAA audit program. The 2009 HITECH Act,...more

HIPAA Phase 2 Audits: Actions Not Just Words

Action Item: With the commencement of Health Insurance Portability and Accountability Act (“HIPAA”) Phase 2 audits, and the increase in HIPAA enforcement activity, covered entities and business associates need to take HIPAA...more

Phase 2 of the OCR HIPAA Audit Program Already Underway

On March 21, 2016, the Department of Health and Human Services, Office for Civil Rights (OCR) announced the launch of the long-awaited Phase 2 HIPAA Audit Program (Phase 2), and OCR activities related to Phase 2 are already...more

OCR Director Discusses Phase 2 Audits, OCR Priorities

A representative of the U.S. Department of Health and Human Services Office of Civil Rights (OCR) recently presented at a compliance forum to provide comments regarding the roll out of OCR’s Phase 2 HIPAA audits. The...more

Raleigh Orthopedic Clinic settles with OCR for $750,000 for lack of business associate agreement

Consistent with the settlement the OCR agreed to with North Memorial Health Care of Minnesota, the Office for Civil Rights has settled its investigation of Raleigh Orthopaedic Clinic, P.A. (Raleigh Orthopaedic) for $750,000....more

New York Presbyterian Hospital Settles OCR HIPAA Investigation

On April 21, 2016, the U.S. Department of Health and Human Services, Office for Civil Rights (“OCR”) announced a $2.2 million settlement with The New York and Presbyterian Hospital (“NYP”) regarding NYP’s impermissible...more

Two Additional HIPAA Settlements Demonstrate Breadth of HIPAA Enforcement Activity

During the week of April 18, 2016, the U.S. Department of Health and Human Services, Office for Civil Rights (OCR) announced two significant settlements with a large New York City hospital and a North Carolina orthopaedic...more

Lights, Camera, Settlement: OCR says a picture is worth $2.2 million

A New York hospital has settled with the U.S. Department of Health and Human Services Office for Civil Rights (“OCR”) for $2.2 million after allowing a TV crew for the ABC documentary series “NY Med” to film patients...more

Top Tips for OCR HIPAA Audit Preparation

The recently announced OCR HIPAA audits are not a cause for panic, according to experts, especially of organizations have proper documentation. With the most recent round of OCR HIPAA audits announced just last month,...more

Department of Health and Human Services Cracks Down on Vendor Oversight in Recent Hospital Settlements

From the rise in ransomware attacks to inadvertent disclosure of information by subcontractors, the health services industry is reminded that a potential consequence of a data breach is the threat of a regulatory enforcement...more

Top Takeaways from IAPP

The world of privacy grows every day as more data goes through the cloud. The new trends and weekly data breaches make conferences like the Global Privacy Summit all the more relevant. Earlier this month we went to...more

Understanding when Business Associate Agreements are necessary can avoid costly and embarrassing enforcement actions

A recently publicized settlement with the Office of Civil Rights of the U.S. Department of Health and Human Services highlights that it is not only important to have a HIPAA-compliant form of business associate agreement...more

Not Everyone Wants to Be on TV

It turns out that not everyone wants to be on television. New York-Presbyterian found that out the hard way. Back in 2011 the hospital allowed a television camera crew inside treatment areas to record footage for the...more

Health Care E-Note - April 2016

Patient care is not confined to a single office or exam room, or a single physician or other provider. Caring for patients these days now includes complex coordination among physicians, nurses, technicians, staff, management,...more

Mobile App Compliance for Dummies: New Tool Helps Developers Understand Their Legal Compliance Requirements

In a joint effort by the Federal Trade Commission (FTC), Office for Civil Rights (OCR), HHS Office of National Coordinator for Health Information Technology (ONC), and Food and Drug Administration (FDA), a new web-based tool...more

NY Hospital to Pay $2.2 Million for Allowing TV Crew to Videotape Dying Patient

On the ABC television series “NY Med,” doctors from New York-Presbyterian Hospital (NYP) are profiled as they perform medical procedures. However, in an effort to keep it “real,” the show’s crew has landed the hospital in hot...more

Not a Check-the-Box Exercise: Failure to Have Signed BAA Results in Substantial Fine

A group practice that was the victim of a silver-harvesting scam has agreed to pay the U.S. Department of Health and Human Services (“HHS”) $750,000 to settle charges that it released protected health information (“PHI”) of...more

OCR issues audit protocol and targets over 800 entities—business associates too

The Office for Civil Rights (OCR) has issued its revamped audit protocol for its second phase of auditing covered entities and business associates’ compliance with the HIPAA Privacy, Security and Breach Notification Rules....more

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