News & Analysis as of

ACOs And Pay for Value … About the Data

It has been over three years since the Centers for Medicare and Medicaid Services (CMS) announced its proposed rule and guidance on the development and implementation of Accountable Care Organizations. About four million...more

Privacy Wednesday

What’s that old saying … “a day late and a dollar short?” Here is our Privacy Monday roundup … on Wednesday. Office for Civil Rights HIPAA Crackdown? The Office for Civil Rights (OCR) — the enforcement arm of...more

Dealing with a Data Broker? Here's What you Need to Know

The FTC recently released its report, “Data Brokers: A Call for Transparency and Accountability.” The report is the result of a study of nine data brokers and provides legislative recommendations...more

HHS Releases a New Security Risk Assessment Tool

The Department of Health and Human Services (HHS) recently released a new security risk assessment (SRA) tool for small- to medium-sized health care providers. HIPAA requires covered entities to conduct periodic assessments...more

Caution: Failure to Conduct a HIPAA Risk Analysis Endangers Your Meaningful Use Incentive Payments

Providers participating in the Medicare and Medicaid Electronic Health Record ("EHR") incentive programs should be mindful that failure to comply with the requirements of the Health Insurance Portability and Accountability...more

Health Reform + Related Health Policy News

Enrollment in Health Plans under ACA Exceeds Projected Number of 7 Million - The White House announced on April 1 that 7.1 million Americans had enrolled in health plans under the Affordable Care Act ("ACA"). ...more

HHS announces new risk assessment tool for HIPAA security compliance

Recently, the Department of Health and Human Services released an interactive security risk assessment tool intended to assist employers who sponsor self-insured group health plans in complying with their HIPAA security rule...more

OCR Announces the Results from it's Pilot Audit and it's Plans For Next Year

The Office of Civil Rights Audit Pilot Program has come to an end with 115 audits, primarily in person, having been completed. The Pilot Program had multiple revelations in privacy, some of which were probably, not so...more

No More Excuses: HHS Issues New HIPAA Tool for Small Businesses

Three U.S. Department of Health and Human Services (“HHS”) agencies, the Office for the National Coordinator for Health IT (“ONC”), in conjunction with the Office for Civil Rights (“OCR”) and the Office of the General Counsel...more

ONC’s Security Risk Assessment Tool Is Useful but Could Be Improved

The Office of the National Coordinator for Health Information Technology (ONC) released a Security Risk Assessment Tool (SRA Tool) on March 28. According to the User Guide for the SRA Tool, the Tool is designed to help small...more

HHS releases Security Risk Assessment Tool to Help Providers with HIPAA Compliance

In collaboration with the HHS Office for Civil Rights, the Office of the National Coordinator for Health Information Technology released a new tool designed to help practices conduct and document a comprehensive assessment to...more

HIPAA Security Risk Assessment Tool Released by HHS

HIPAA security risk assessment (SRA) tool was recently made available through HHS. The tool was developed as a collaborative effort between the HHS Office of the National Coordinator for Health Information Technology (ONC),...more

HIPAA Security Risk Analyses

As noted in Paul Kim and Hannah Whitman Clark's article regarding HIPAA Security Risk Analyses, CEs and BAs are required to review and update their risk assessments only under certain conditions after completing their initial...more

Compliance is No Joke: OCR Releases Security Risk Assessment Tool

On March 28, 2014, the Office of Civil Rights (OCR) announced the release of an online and iPad app-based security risk assessment (SRA) tool. The tool is intended to help health care providers in small to medium sized...more

The Government Is Here To Help: HHS Releases HIPAA Security Risk Assessment Tool For Small Providers

The U.S. Department of Health and Human Services ("HHS") has just released a new security risk assessment ("SRA") tool to assist small and medium sized health care practices (one to ten providers) conduct a HIPAA risk...more

35 Days And Counting - R.I.P. Windows XP

Effective April 9, 2014, Microsoft will no longer provide technical support or security updates for the Windows XP operating system. According to Microsoft, personal computers running Windows XP after April 8, 2014 should not...more

Recent HIPAA Settlement Highlights Danger of Failure to Perform Security Risk Assessments, Implement HIPAA Policies and Train...

A recent Health Insurance Portability and Accountability Act ("HIPAA") settlement, which is notable as the first HIPAA settlement with a covered entity for failure to have policies and procedures in place to comply with...more

Health plan pays for failing to erase data on leased equipment: two takeaways for companies handling electronic PHI

The Office for Civil Rights (OCR) has announced a settlement between the US Department of Health and Human Services and Affinity Health Plan, Inc. to address potential violations of the Health Insurance Portability and...more

Employment Law Blog: Regzilla Stomps Another One! - Idaho State University and the Compliance Gap Analysis

Presumably at this point HIPAA, HITECH and the Omnibus Regulation have been published, digested and everyone is in full compliance with the requirements that have been set forth....more

Capital Infusion - May 2013: Digging Deeper: A Guide to Health Care Regulatory Due Diligence in Private Equity Deals

Introduction - Investing in the health care industry can be riskier and more complicated than investing in many other industries. Health care providers and suppliers, as well as those companies that interact with them,...more

HIPAA’S FINAL RULE: Putting Things in Perspective – Comments from OCR

On March 22, 2013, Health and Human Services (“HHS”) Office for Civil Rights (“OCR”) Director Leon Rodriguez presented the keynote address to attendees of the American Health Lawyers’ Association HIPAA/HITECH Conference in...more

Legal Alert: Final HIPAA Regulations Released: Time To Review Your HIPAA Policies?

The U.S. Department of Health and Human Services ("HHS") recently released long-awaited final HIPAA Regulations. The new regulations finalize many changes previously proposed to the Privacy, Security, and Enforcement Rules,...more

Health Law: Hospice pays $50,000 for Failing to Conduct HIPAA Security Risk Assessment; Inadequate Security Policies

A small non-profit hospice in Idaho agreed to pay $50,000 to settle allegations that it violated the HIPAA security regulations. The allegations stemmed from a report made to HHS by the hospice after a laptop containing...more

A Detailed Analysis of Changes to HIPAA and the Implications for Healthcare Providers and Others in the Healthcare Industry: HIPAA...

Changes to the HIPAA Breach Notification Rule - Background: The HITECH Act required Covered Entities to notify individuals, HHS, and in some cases, the media, of a Breach of Unsecured PHI. A Business Associate is...more

No Harm, No Foul, No More—New HIPAA “Breach” Standards Seek To Provide Consistency, Objectivity

Beginning this fall, employer health plans—or their business associates—will have to make more comprehensive and methodical risk assessments following the discovery of an impermissible use or disclosure of unsecured...more

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