News & Analysis as of

Office of Civil Rights Protected Health Information

Where is your PHI Data Traveling Today?

by Dickinson Wright on

With most vendors offering and pushing cloud computing solutions and offsite data backup, or guaranteeing offsite backup of data they process for you, many HIPAA covered entities and business associates are questioning...more

Recent Events Increase the Importance of HIPAA Risk Analyses and HIPAA Policies

Recent events highlight the fact that threats to customer and patient data continue to increase. In recent months, government agencies, news outlets, and others have spent considerable time investigating and reporting on...more

Another Key to HIPAA Compliance – Have Policies and Procedures and Implement Them, Too

by Williams Mullen on

On this blog, we have discussed the criticality of risk analyses – the assessment required by the Security Rule of the “risks and vulnerabilities” that an organization faces with respect to all of its electronic protected...more

Attempting To Avoid The High Cost Of A Reported HIPAA Breach

by Dickinson Wright on

Preventing unintended or unauthorized disclosure of protected health information is an ever-present goal of all covered entities and business associates. However, protective firewalls and electronic data security measures are...more

What is the HIPAA Complaint Process?

The U.S. Department of Health and Human Services Office for Civil Rights (OCR) is responsible for enforcing the HIPAA Privacy and Security Rules. Any person who believes that a covered entity or business associate is not...more

Health Care E-Note - July 2017

by Burr & Forman on

Everywhere you look these days, there seems to be another report of a cyberattack -- attacks which do not discriminate based on industry type, size of business, or impact. In other words, everyone is vulnerable. In fact, the...more

HIPAA in the Age of Ransomware

According to a recent US Government Interagency report, ransomware is the fastest growing malware threat, targeting users of all types, including health care facilities. This past spring, for example, the WannaCry ransomware...more

Increased Focus on Health Care Cybersecurity: HHS Releases Long-Awaited Report and Cyber Attack Quick-Response Checklist

by McGuireWoods LLP on

The U.S. Department of Health & Human Services (HHS) issued a recent report noting that cybersecurity is a key public health concern that needs “immediate and aggressive attention.” Shortly thereafter, HHS’ Office for Civil...more

Healthcare Business Associates

by Bryan Cave on

The Health Information Technology for Economic and Clinical Health (“HITECH”) Act modified the Health Insurance Portability and Accountability Act (“HIPAA”) by expanding the definition of Business Associates (“BA”) and their...more

HIPAA Settlements in April and May Highlight Key Compliance Concerns for OCR

by Williams Mullen on

After a break in March with no new settlement agreements, OCR returned in April and May with quite a few. The Health Care Data Aware Blog already posted about a $400,000 OCR settlement released April 12, 2017, which can be...more

AGG Food and Drug Newsletter - June 2017

by Arnall Golden Gregory LLP on

Arnall Golden Gregory LLP's Food and Drug Newsletter is a monthly update of legal and regulatory issues that affect the FDA-regulated community, including regular updates on legislative initiatives from AGG’s Washington, DC...more

My Entity Just Experienced a Cyber-Attack! What Do We Do Now?

by Balch & Bingham LLP on

On June 9, 2017, the U.S. Department of Health and Human Services (HHS), Office of Civil Rights (OCR) released a cyber-attack “Quick Response” checklist (the Checklist) for the benefit of HIPAA covered entities and business...more

New HHS Cybersecurity Preparedness Checklist

by Carlton Fields on

The Department of Health and Human Services’ Office of Civil Rights (OCR) recently published a checklist to guide HIPAA-covered entities and business associates through an appropriate response to a ransomware or cybersecurity...more

OCR Issues Checklist for Responding to Cyber-Attack

The Office for Civil Rights (OCR) recently released guidance entitled “My Entity Just Experienced a Cyber-attack! What Do We Do Now?” The Checklist is a practical tool for health care entities and outlines several steps to...more

$387,200 Fine from HHS OCR for the Improper Disclosure of PHI to an Employer and a Volunteer Organization

by Arnall Golden Gregory LLP on

On May 23, 2017, the Department of Health and Human Services Office of Civil Rights (HHS OCR) announced a settlement with St. Luke’s-Roosevelt Hospital Center, part of the Mount Sinai Health System, to resolve allegations...more

OCR Publishes Checklist and Infographic for Cyber Attack Response

OCR released a simple checklist and infographic last week to assist Covered Entities and Business Associates with responding to potential cyber attacks. As cybersecurity remains a pressing concern for health care entities,...more

OCR Issues Reminder on Security Incidents

Following the frequent and varied ransomware attacks on health care entities over the past few years, the Office for Civil Rights (OCR) published guidance last summer to the health care industry reminding it that a ransomware...more

Data Privacy + Cybersecurity Insider - June 2017

by Robinson & Cole LLP on

The American Institute of CPAs (AICPA), has released a risk management reporting framework intended to "establish a common, underlying language for Cybersecurity risk management reporting — almost akin to US GAAP or IFRS...more

Health System Paid $2.4 Million Settlement After Identification in a Press Release of a Patient Who Was Engaged in Fraud

by Dickinson Wright on

The U.S. Department of Health and Human Services Office for Civil Rights (“OCR”) announced a $2,400,000 settlement with Memorial Hermann Health System (“MHHS”) to resolve an investigation of an unauthorized disclosure of...more

Impermissible Disclosure of HIV Information Results in $387,000 HIPAA Settlement

St. Luke’s-Roosevelt Hospital Center, Inc. (SLRHC), a member of the New York-based Mount Sinai Health System, paid $387,000 to the U.S. Department of Health and Human Services (HHS) and entered into a corrective action plan...more

HIPAA Enforcement Update (February 2017 – April 2017)

by Locke Lord LLP on

In recent months, the Department of Health and Human Services, Office for Civil Rights (OCR) has announced four settlement agreements and one civil monetary penalty to resolve allegations of Health Insurance Portability and...more

The Future Of The Patient Protection And Affordable Care Act May Be Uncertain… But HIPAA Is Here To Stay

by Fraser Trebilcock on

While the future of the Patient Protection and Affordable Care Act and any potential replacement legislation is still in question, the Office for Civil Rights (“OCR”) within the U.S. Department of Health and Human Services...more

Press Release Mistake Leads to $2.4 Million HIPAA Penalty for Health System

by Nossaman LLP on

On May 10, 2017, the U.S. Health and Human Services Department Office for Civil Rights (“OCR”) announced an agreement whereby Memorial Hermann Health System (“MHHS”) will pay a $2.4 million penalty for releasing a patient’s...more

HHS OCR Resumes HIPAA Enforcement Action Announcements: Four New Settlements and Penalties Totaling More than $5 million in a One...

by Arnall Golden Gregory LLP on

After a pause of nearly two months, the Department of Health and Human Services Office of Civil Rights (HHS OCR) has resumed its announcement of settlements for alleged HIPAA violations, with four new settlement agreements...more

Tips for Ensuring Your Organization Is HIPAA Compliant Amid Increased Enforcement Activity

Thus far in 2017, the U.S. Department of Health and Human Service’s Office for Civil Rights has continued the step-up in HIPAA enforcement activity we saw in 2016 and appears on track to exceed 2016’s enforcement...more

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Cybersecurity

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