Office of Civil Rights Protected Health Information

News & Analysis as of

HIPAA Enforcement Actions by the Numbers

Protecting patient information is a central duty for both covered entities and business associates under the Health Insurance Portability and Accountability Act (HIPAA). Should a HIPAA-subject entity ever fail to protect...more

Charges for Medical Records: Are You Compliant with HIPAA?

Through a series of releases in the first half of 2016, HHS Office for Civil Rights (“OCR”) issued guidance on the individual right of access to protected health information (“PHI”) provided under HIPAA. One topic with...more

OCR Releases Video Guidance on Provision of Medical Records

The summer movie season is now officially in full swing, with the release of three informational videos regarding HIPAA and the right of individuals to access their medical records, published by the Office of Civil Rights of...more

Data Security Safeguards Can Help Healthcare Employers Withstand Cyberattacks—and Government Audits

The last couple of years have brought a steady rain of bad news for the healthcare industry when it comes to data security: Insurers faced with massive data breaches affecting thousands of health plans and millions of...more

Health Care E-Note - June 2016

In an effort to review and examine compliance with the Health Insurance Portability and Accountability Act of 1996 and its implementing regulations ("HIPAA"), the Department of Health and Human Services Office for Civil...more

OCR Clarifies “Reasonable, Cost-Based” Fee Calculations for Access to Medical Records

By couching its position in an individual’s right to access protected health information (PHI), beginning on January 7, 2016, the U.S. Department of Health & Human Services’ Office for Civil Rights (OCR) issued guidance to...more

Burr Alert: Phase 2 HIPAA Audits

In an effort to review and examine compliance with the Health Insurance Portability and Accountability Act of 1996 and its implementing regulations ("HIPAA"), the Department of Health and Human Services Office for Civil...more

OCR Clarifies confusion with the $6.50 flat fee charge for PHI

In response to several questions received after the U.S. Department of Health and Human Services (HHS) Office of Civil Rights (OCR) published a fact sheet in early 2016 on individuals’ rights to access protected health...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

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

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

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 HIPAA Phase 2 Audits: Targets Notified by Email Only

The U.S. Department of Health and Human Services Office for Civil Rights (OCR) recently announced the long-awaited launch of Phase 2 of its HIPAA Audit Program (Phase 2 Audits). The Phase 2 Audits will review the policies...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

Spring Showers Bring HIPAA Breaches

OCR has announced several recent settlement agreements to resolve violations of the Health Insurance Portability and Accountability Act (“HIPAA”). These settlement amounts range from $25,000 to $3.9 million dollars and...more

OCR Releases Updated HIPAA Audit Protocol and Business Associate Listing Template

The Office of Civil Rights (OCR) recently updated the audit protocol that it will be using to assess Covered Entities’ and Business Associate’s compliance with the Health Insurance Portability and Accountability Act (HIPAA)...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

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

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

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

Health Law Insights Newsletter - Issue 8 - April 2016

McCarter & English, LLP’s Health Care Group presents Issue 8 of the Health Law Insights, which discusses the latest legal issues in the health care industry. NATIONAL - New Payment Model for Part B Drugs Proposed -...more

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