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OCR Warns Providers About Patient Data Trackers

Earlier this week, our Fox partner Odia Kagan spoke on HIMSS TV about the risks associated with what may be a “blind spot” in your data privacy compliance efforts: the use of data trackers (such as cookies, tracking pixels,...more

Re-Setting The Clock For Responding To Individual Access Requests Under The Information Blocking Rule

Covered entities beware: a timing pitfall lurks within the recently adopted rules prohibiting information blocking. We have posted about OCR’s “Right to Access Initiative” and numerous enforcement actions taken to make sure...more

New OCR Resource Adds Guidance On HIPAA And Direct-To-Consumer Health Apps

A tricky issue for mobile health app developers since the Office for Civil Rights (OCR) released its first “Health App Use Scenarios & HIPAA” guidance back in 2016 has been deciphering whether the developer is a business...more

Updated OCR Guidance On Contacting Recovered COVID-19 Patients

The Office for Civil Rights within the Department of Health and Human Services (OCR) provided guidance in June that reassured covered entity health care providers and that it is generally OK to use or disclose protected...more

OCR Webinar On HIPAA And COVID-19: Key Points For Covered Entities And Business Associates

Fox Rothschild LLP partner Beth Larkin listened to the HHS Office for Civil Rights 4/24/20 webinar (which should be posted on its website at some point) regarding HIPAA and COVID-19 and took notes. Here’s my summary of key...more

Clear Message From OCR: Don’t Ignore (Or Overcharge For) Patient Requests For Records

Last week, the Office for Civil Rights (OCR) announced its second enforcement action and settlement with a provider for failing to comply with HIPAA’s patient access requirements. Korunda Medical, LLC, a primary care and...more

How The Grinch Steals Health Care Data: OCR Warnings And Tips In Time For The Holidays

More and more often, health care data is stolen or made inaccessible by targeted ransomware attacks. The Office for Civil Rights (OCR) published a newsletter this week that provides warnings for HIPAA covered entities and...more

One Of Three $3 Million Lessons: Encrypt Mobile Devices

A large New York hospital system learned this lesson the expensive way. According to a U.S. Department of Health and Human Services (HHS) press release issued earlier this week, the Office for Civil Rights (OCR) investigated...more

Back To School And Back To BAAs: OCR Guidance Provides Reason To Review BAA Provisions

Last May, around the time many schools let out for the summer, the Office for Civil Rights (“OCR”) published guidance entitled “Direct Liability of Business Associates” (the “Guidance”), which focuses, not surprisingly, on...more

Too Much (Protected Health) Information Exposed + Too Little Response = $3M And Corrective Action Plan For Medical Imaging Company

“TMI” usually means “too much information”, but it was used aptly by the Office for Civil Rights (OCR) as an acronym for a covered entity that exposed protected health information (PHI) of more than 300,000 patients through...more

HIPAA Security And “Zero Day” Exploits: How To Stay Ahead Of The Hack

HHS Office for Civil Rights (OCR)’s April 3, 2019 cybersecurity newsletter highlights one of the more challenging cybersecurity vulnerabilities faced by covered entities and business associates. OCR reminds covered entities...more

Don’t Miss Your Opportunity To Tell HHS How To Improve HIPAA

The U.S. Department of Human Services’ Office for Civil Rights has set a Feb. 12 deadline for stakeholders to comment on how it should modify HIPAA, especially the Privacy Rule, to promote coordinated, value-based health...more

To BAA Or Not To BAA? The Question A Florida Provider Should Have Asked In 2011 Results In A Half Million Dollar Payment In 2018

Yesterday’s listserv announcement from the Office for Civil Rights (OCR) within the U.S. Department of Health and Human Services (HHS) brought to mind this question. The post announces the agreement by a Florida company,...more

The Heavy Hit Of HIPAA: Violations May Send You To Jail

The recent criminal conviction of a Massachusetts physician provides a stark reminder that violating HIPAA can result in more than civil monetary penalties and the financial and reputational fall-out that results from a...more

The Cost For A Copy Of Medical Records? It May Depend Who’s Asking

The Report to Congressional Committees of the U.S. Government Accountability Office (“GAO Report”), required under the 21st Century Cures Act, came out about a month earlier than required, but this early bird failed to catch...more

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