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FTC Health Breach Notification Rule

This year has started with the Federal Trade Commission's (FTC) renewed attention to its Health Breach Notification Rule (Breach Rule) and the publication of the Health Privacy resource page to help companies with their...more

2022 Health Information Privacy and Security New Year's Resolutions

It's that time of the year again: the opportunity to brush off your New Year's resolutions for privacy and security of health information. Here are some potential health information privacy and security resolutions for your...more

Some Things Are Inevitable … Death, Taxes, and Rising HIPAA Penalties

It used to be easy to calculate HIPAA penalties in your head—$50,000 per violation and up to $1.5 million per calendar year for multiple violations of the same HIPAA provision. But those days of easy math are long gone since...more

Does the Information Blocking Rule Permit Delaying the Release of Electronic Health Information?

The 21st Century Cures Act Information Blocking Rule's applicability date of April 5, 2021, is just around the corner. Nevertheless, healthcare providers are still struggling with understanding their obligations under the new...more

More Time for Filing Comments on Proposed HIPAA Changes

The U.S. Department of Health and Human Services (HHS) recently announced a 45-day extension of the comment period for proposed changes to the HIPAA Privacy Rule. The deadline for submitting comments now has been pushed from...more

Calendar Year 2020 HIPAA Small Breach Notifications Due March 1, 2021

March 1, 2021, is the due date for HIPAA-covered entities to notify the U.S. Department of Health and Human Services Office for Civil Rights (OCR) about "small" breaches of unsecured protected health information discovered...more

Will the Biden Administration Complete the "Regulatory Sprint" With HHS' Proposed HIPAA Amendments?

On January 21, 2021, the Department of Health and Human Services (HHS) published proposed changes to the privacy rule (Privacy Rule) of the Health Insurance Portability and Accountability Act (HIPAA). This Notice of Proposed...more

HIPAA May Apply to Employer COVID-19 Testing Programs

When COVID-19 first began to spread in the United States, a recurring question we received was whether employers become subject to HIPAA by taking employee temperatures or collecting medical information. The answer generally...more

Top HHS "Information Blocking" Regulatory Compliance Challenges

As the November 2 compliance date quickly approaches, healthcare providers are finding that tackling the new "information blocking" regulations from the U.S. Department of Health and Human Services requires substantial...more

What the ONC and CMS Final Rules For Interoperability Mean for Data Exchange and Patient Access to Health Information

While the healthcare industry is under siege battling COVID-19, on March 9, 2020, the U.S. Department of Health and Human Services (HHS) moved ahead and finalized two long-awaited and controversial rules related to...more

Help Is on the Way for Telehealth: Loosened HIPAA Enforcement

Telehealth is an essential tool in addressing the COVID-19 pandemic as well as in treating other ailments during this time. The Department of Health and Human Services' Office for Civil Rights (OCR) recently issued a...more

More Data Please! The Challenges of Applying Health Information Privacy Laws to the Development of Artificial Intelligence

Artificial intelligence (AI) has become part of our daily lives, from greeting us in the morning through smart home devices, creating shopping lists, playing music, setting timers, and alerting us of a traffic jam on our...more

Healthcare in the AI Crosshairs

News broke last month that Google partnered with the second-largest health system in the U.S., Ascension Healthcare, to collect and analyze the health information of millions of patients in a program code-named "Project...more

To Accept CMPs or Not to Accept CMPs?

In a Rare Imposition of HIPAA Civil Monetary Penalties (CMPs) Rather than Settlement, What to Accept May Have Been the Question - On October 23, 2019, the Department of Health and Human Services Office for Civil Rights...more

Sprint Regulations: EHR and Cybersecurity Proposals

Consistent with the Administration’s broader effort to reduce regulatory burdens within the healthcare industry, the Sprint Regulations include proposals designed to remove barriers to the widespread adoption of cybersecurity...more

HHS Reinterprets (and Significantly Lowers) Annual Penalty Caps for HIPAA Violations

The Department of Health and Human Services Office for Civil Rights (OCR) today announced that it is lowering the maximum total penalties it may assess against covered entities and business associates for multiple violations...more

HIPAA Small Breach Notifications Due March 1

March 1, 2019 is the date by which HIPAA covered entities must notify the U.S. Department of Health and Human Services Office for Civil Rights (OCR) of “small” breaches of unsecured protected health information that were...more

Where Is the HIPAA Right to Defend One’s Self?

When a patient publicly disparages a health care provider, HIPAA leaves the health care provider in a seemingly impossible situation. If the health care provider does not respond and dispute the allegation, then its...more

Is OCR Moving the Goal Posts on Vendor Management?

Recent statements at the 27th National HIPAA Summit suggest that the U.S. Department of Health and Human Services (HHS) Office for Civil Rights (OCR) may be changing its position and expecting a greater level of vendor due...more

HIPAA Small Breach Notifications Due March 1

March 1, 2018 is the date by which HIPAA covered entities must notify the U.S. Department of Health and Human Services Office for Civil Rights (OCR) of “small” breaches of unsecured protected health information that were...more

2018 Health Information Privacy and Security New Year’s Resolutions

To start off the New Year, here are some potential health information privacy and security resolutions. You can use these Annual, Quarterly, and Monthly lists to map out your privacy and security tasks for the year, and then...more

2017 Edition of HIPAA Regulations Released

The Code of Federal Regulations has recently published the 2017 version of the HIPAA regulations. This is the most up-to-date “official” version of the HIPAA regulations. We have created a version that includes PDF bookmarks...more

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