News & Analysis as of

H.H.S. Proposed Rule Affects HIPAA Privacy Rule And Background Check Reporting

The Department of Health and Human Services (HHS) has released a proposed rule that would modify the Health Insurance Portability and Accountability Act (HIPAA) Privacy Rule by allowing health care providers to make certain...more

Healthcare Privacy – 2013 Year in Review

On January 25, 2013, the U.S. Department of Health and Human Services (HHS) Office for Civil Rights (OCR) published the long-awaited HIPAA Omnibus Final Rule (Final Rule), which includes the most sweeping changes to HIPAA...more

HHS Delays NPP Amendment Requirement for Laboratories Regulated Under CLIA

Under the HIPAA Privacy Rule, a Covered Entity is required to revise its notice of privacy practices (“NPP”) where there is a material change to any of its privacy policies. The HIPAA/HITECH Omnibus Final Rule (the “Omnibus...more

OCR Releases Model Notices of Privacy Practices

Under the Privacy Rule, an individual has the right to adequate notice of how a covered entity may use and disclose PHI about the individual, as well as his/her rights and the covered entity’s obligations with respect to that...more

Cloud Computing: Healthcare Issues in a Digital Age – (Part Two)

Hospitals and health care providers must often look to third party vendors offering cloud computing solutions, but are these companies well-prepared to meet the HIPPA/HITECH Act privacy and security requirements as well as...more

Hearing to Address HIPAA Accounting of Disclosures

The HHS Office of Civil Rights (OCR) announced that the Health Information Technology (HIT) Policy Committee’s Privacy and Security Tiger Team will hold a virtual, public hearing on Monday, September 30 from 11:45 a.m. to...more

Under The New HIPAA Regime, A Lost Laptop Costs $1.5 Million But A Leased Photocopier Costs Almost As Much

Nearly one year after a Massachusetts provider paid $1.5 million to settle potential HIPAA violations for the theft of an unencrypted laptop containing protected health information (PHI), providers are reminded once again of...more

HIPAA Omnibus Rule Compliance Deadline

September 23, 2013, the deadline for compliance with the new Health Insurance Portability and Accountability Act (HIPAA) regulations, is here. Although there has been much discussion about the new regulations since they were...more

It's Never Too Late To Give Guidance: OCR Starts Releasing HIPAA Omnibus Rule Guidance In Anticipation Of September 23 Compliance...

This has been a busy week for the Department of Health and Human Services / Office for Civil Rights (HHS/OCR). It has started releasing guidance on various provisions of the Omnibus HIPAA final rule (the "Final Rule") in...more

Privacy Monday – September 23, 2013: Today Is HIPAA Compliance Day – 5 Things That You Should Have Done

Today’s the day! Today marks the long-awaited compliance date for the HIPAA Omnibus Rule. In case you have put any thoughts of compliance with the Omnibus Rule out of your mind, you can no longer escape. Here...more

Business Associate Definition Expanded and HHS Empowered to Impose New Civil Fines

Long-awaited omnibus regulations (Omnibus Rule) adopted earlier this year by the Department of Health and Human Services (HHS) Office for Civil Rights (OCR) made significant modifications impacting “business associates” to...more

HIPAA Toolbox - Expanded Definition of Business Associates

September 23rd is the HIPAA Omnibus Rule compliance deadline. The Rule expands the definition of Business Associates (BAs). Are you prepared? Incorrect determinations lead to increased risk and potential liability for...more

HHS States That It Will Issue Guidance On HIPAA Regulation For Prescription Refill Reminders

On September 11, 2013, HHS stated in a joint motion filed in the case of Adheris, Inc. v. Sebelius, No. 1:13-cv-1342 (D.D.C.), that it plans to issue guidance on a HIPAA regulation related to prescription drug refill...more

The HIPAA Compliance Deadline is Less Than One Week Away. Business Associate Agreements and Other Documents Must Be Revised. Are...

On September 23, 2013, Covered Entities and Business Associates must be compliant with the final Health Insurance Portability and Accountability Act (HIPAA) Omnibus Rule (the “HIPAA Final Rule”). The HIPAA Final Rule modified...more

HHS To Revamp Limits On Payments To Pharmacies For Refill Reminder Programs

The HIPAA Privacy Regulations have long required covered entities to seek a patient authorization in order to use or disclose protected health information ("PHI") for marketing purposes. However, the Office for Civil Rights...more

3 Weeks Left: Is Your Business Ready for HIPAA Compliance?

The September 23, 2013 deadline for covered entities, business associates and their subcontractors to implement the new HIPAA rules is approaching quickly. In case you missed it, on January 25, 2013, the U.S. Department of...more

HIPAA — Countdown to New Regulations

The new HIPAA regulations become effective on September 23, 2013. Many health care providers have been focused on revising business associate agreements and getting them signed up. Keep in mind that new business associate...more

Recent Employee Benefit Developments

HIPAA Final Regulations - In January of this year, the Department of Health and Human Services issued final regulations (also referred to as the “Omnibus Rule”) that include changes to the privacy, security and breach...more

HIPAA, Business Associates, and the Cloud

Under the Final Rule, as previously discussed, business associates must comply with the technical, administrative, and physical safeguard requirements under the Security Rule....more

Business Associate Agreements: More Readily Accepted by Cloud Service Providers? Maybe

Although the HIPAA Omnibus Final Rule's expansion of business associate liability could create difficulties for healthcare providers and other covered entities seeking to negotiate business associate agreements with vendors...more

Health Care Law Insight: HIPAA Final Omnibus Rule Contains New Requirements For BAAs

On January 25, 2013, the U.S. Department of Health and Human Services (HHS) published the long-awaited HIPAA final omnibus rule (Final Rule)....more

HIPAA Enforcement: Unleashing The Dogs

Prosecutors are a fun bunch and they love their jobs and their mission – to prosecute law-breakers for violating the law. ...more

Cloud Storage Providers Storing Protected Health Information May Be Obligated to Comply with HIPAA Regulations

A recently issued government rule may unknowingly create significant liability and legal risk for many technology enterprises. The expanded definition of "business associates" and related interpretations by the Department of...more

HIPAA/HITECH Final Rule - Assessing Your Organization's Compliance Readiness

The long awaited HIPAA/HITECH Final Rule became effective March 26, 2013, but covered entities, business associates and subcontractors will have until September 23, 2013, to fully comply. ...more

The HIPAA Omnibus Final Rule—Data Privacy and Security Implications for Business Associates and Covered Entities

On January 17, 2013, the Office for Civil Rights (‘‘OCR’’) of the U.S. Department of Health and Human Services (‘‘HHS’’) published the HIPAA Omnibus Final Rule (‘‘Final Rule’’) which OCR has trumpeted as carrying ‘‘the most...more

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