Protected Health Information Office of Civil Rights

News & Analysis as of

Lessons Gleaned From Recent HIPAA Settlements: An Ounce of Prevention is Worth a Pound of Cure: How Recent OCR Enforcement...

HIPAA enforcement has been on the rise during the last several years, and the dollar impact of those settlements has continued to grow significantly. The Department of Health and Human Services, Office of Civil Rights (OCR)...more

$5.5 Million HIPAA Settlement Underscores Importance of Audit Controls

On February 16, 2017, the HHS Office for Civil Rights (OCR) disclosed a $5.5 million settlement with Memorial Healthcare Systems (MHS) for HIPAA violations affecting the protected health information (PHI) of 115,143...more

$5.5 Million HIPAA Settlement Matches Largest Payment To-Date

On February 16, 2017, the U.S. Department for Health and Human Services (“HHS”), Office for Civil Rights (“OCR”) announced that Memorial Healthcare Systems of Florida (“MHS”) agreed to pay $5.5 million and enter into a...more

Health Care E-Note - Februaury 2017

Ransomware: A Reportable Breach? In the past several years, a huge increase has occurred in the number of electronic attacks in the United States using ransomware, a form of malware that targets and encrypts critical...more

Technical Noncompliance with HIPAA Can Lead to Big Penalties

As discussed in prior client alerts, the Office of Civil Rights (OCR), the agency charged with HIPAA enforcement, has increased HIPAA compliance initiatives in recent months and is poised to continue its enforcement...more

To Settle or Not to Settle – That Is the Question Raised by Recent HIPAA CMPs

On February 1, 2017, the Department of Health and Human Services, Office for Civil Rights (“OCR”) announced that the Children’s Medical Center of Dallas (“Children’s”) has paid a civil monetary penalty (“CMP”) of $3.2 million...more

TortSource: Ransomware: A Reportable Breach?

In the past several years, a huge increase has occurred in the number of electronic attacks in the United States using ransomware, a form of malware that targets and encrypts critical data and systems for the purpose of...more

HIPAA Enforcement Update (October 2016 – January 2017)

Since October 2016, the Department of Health and Human Services, Office for Civil Rights (OCR) announced four settlement agreements to resolve allegations of Health Insurance Portability and Accountability Act (HIPAA)...more

Hospital pays $3.2M Resulting from HIPAA Security Rule Noncompliance

In one of the last health care related acts of President Obama’s administration, the U.S. Department of Health and Human Services, Office for Civil Rights (OCR), imposed a multimillion-dollar HIPAA civil money penalty (CMP)...more

Lack of Timely Action and Knowledge of Risk Results in $3.2 Million Civil Monetary Penalty for HIPAA Violations

Children’s Medical Center of Dallas (Children’s) was hit with a $3.2 million civil penalty from the U.S. Department of Health and Human Services, Office for Civil Rights (OCR) for failing to take steps to properly protect...more

Children’s Medical Center of Dallas Clobbered by OCR

In a rare move by the OCR, it assessed a $3.2 million fine against Children’s Medical Center of Dallas (Children’s) after it issued a Notice of Proposed Determination against Children’s and Children’s failed to request a...more

Key HIPAA Settlement Agreements by HHS’s Office for Civil Rights in 2015 & 2016

The last time this blog presented an overview of key HIPAA settlement agreements at the Office for Civil Rights in the U.S. Department of Health and Human Services was a review of 2014. The number of complaints that year had...more

Heighten Importance for March 1, 2017 HIPAA Small Breach Reporting Deadline

With OCR’s recent announcement of its first enforcement action for lack of timely breach notification and its increased focus on small breaches, the upcoming annual reporting deadline for small breaches takes on increased...more

OCR settles with MAPFRE for $2.2 Million

MAPFRE Life Assurance Company of Puerto Rico learned the hard way about the risk of loss of patient information with portable devices like USBs, even when they are stored in the IT Department....more

What Did They Say About Cybersecurity in 2016? 8 Proclamations from Regulators and the Courts

There is no such thing as compliance with the NIST Cybersecurity Framework (FTC). In September, the FTC dispelled a commonly held misconception regarding the NIST Framework: It “is not, and isn’t intended to be, a standard or...more

Recent HIPAA Enforcement Actions

The U.S. Department of Health and Human Services, Office for Civil Rights (OCR) recently announced the first ever settlement related to a Covered Entity’s untimely breach notification in violation of HIPAA. Presence Health,...more

Tracking the Data Bandits

In the iconic western, Butch Cassidy and the Sundance Kid, Butch and Sundance are hard pressed to evade a posse led by the semi-mythical lawman, Joe Lefors, who is so adept that he manages to track them across solid rock. The...more

HIPAA Breach? Notify Promptly or Face Significant Potential Fines from HHS OCR

On January 9, 2017, the Department of Health and Human Services Office of Civil Rights (HHS OCR), which enforces the privacy requirements contained in Health Insurance Portability and Accountability Act (HIPAA), announced a...more

HHS Gets Agressive: HIPAA Audits from 2016

HHS has become more aggressive with audits, and with increased penalties, covered entities and business associates simply cannot afford an audit on HIPAA rules and regulations. In March of 2016, HHS's Office for Civil Rights...more

The Price of PHI – A $2.2 Million USB Drive

A stolen unencrypted USB drive led to a $2.2 million settlement and a Resolution Agreement. The Department of Health and Human Services Office for Civil Rights (OCR) announced on January 18th a settlement with MAPFRE Life...more

Health Care Group News: OCR Releases New Clarifying Guidance In Response To Orlando Pulse Nightclub Attack

In an emergency, when there is a flurry of activity in a hospital, covered entities often struggle with who they are permitted to release patient information to under HIPAA. On January 11, 2017, the Department of Health and...more

Failure to Timely Notify Results in Enforcement Action and Significant Settlement

For the first time, on January 9, 2017, the Department of Health and Human Services, Office for Civil Rights (HHS/OCR) settled a HIPAA enforcement action based on the untimely reporting of a breach of unsecured protected...more

Breach of Privacy Prompts Breach of Etiquette: DHHS Sets New Precedent in Privacy Breach Enforcement

On January 9, the U.S. Department of Health and Human Services (HHS) Office for Civil Rights (OCR) took action against a health system for non-timely reporting of a breach of protected health information. It was the first...more

Time is of the Essence When Reporting a Breach of PHI

The failure to timely report a breach of unsecured protected health information (PHI) has cost Presence Health (one of the largest health systems in Illinois) almost half of a million dollars. Earlier this month,...more

Three-Month Delay Means Health Network Must Pay

A delay in reporting a HIPAA violation can result in a significant monetary penalty. That was the message sent by the Office for Civil Rights (OCR), which recently announced the first HIPAA settlement based on the untimely...more

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