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OCR Updates Guidance on Use of Online Tracking Technologies by HIPAA-Regulated Entities

On March 18, 2024, the U.S. Department of Health and Human Services (HHS) Office for Civil Rights (OCR) issued a Bulletin revising its December 1, 2022 Guidance concerning the HIPAA obligations of covered entities and...more

HHS Office for Civil Rights Issues Guidance Regarding HIPAA Requirements for Online Tracking Technologies

On December 1, the Office for Civil Rights (OCR) at the U.S. Department of Health and Human Services provided guidance on the intersection of the Health Insurance Portability and Accountability Act (HIPAA) and the use of...more

HHS Requests FCC Opinion on Whether Certain Telephonic Communications are Permissible Under the Telephone Consumer Protection Act

On April 28, 2022, in a joint letter written by the HHS Secretary, Xavier Becerra, and CMS Administrator, Chiquita Brooks-LaSure, to the Chairwoman of the Federal Communications Commission (FCC), HHS requested an opinion...more

Department of Health and Human Services Seeks Input on HIPAA “Safe Harbor”

On April 6, 2022, the Department of Health and Human Services Office for Civil Rights (OCR) issued a Request for Information (RFI) to solicit public comments on the implementation of the “safe harbor” under the Health...more

HHS Seeks Input on HIPAA “Safe Harbor”

On April 6, 2022, HHS Office for Civil Rights (OCR) issued a Request for Information (RFI) to solicit public comment on the implementation of the newly-enacted “safe harbor” under the Health Insurance Portability and...more

HRSA Implements Administrative Dispute Resolution Process for 340B Program

On December 10, 2020, HRSA issued a final rule (the Final Rule) implementing the 340B Drug Pricing Program administrative dispute resolution (ADR) process–an overdue mandate from the Affordable Care Act. Under the Final...more

HHS Announces $4.9 Billion Distribution to Nursing Facilities Affected by COVID-19

On May 22, 2020, HHS announced that it has begun distributing $4.9 billion in additional relief funds to skilled nursing facilities (SNFs) to assist SNFs in weathering significant expenses or lost revenue attributable to the...more

HIPAA Enforcement Discretion During the COVID-19 Public Health Emergency

Over the last two months, the U.S. Department of Health and Human Services (“HHS”) published guidance regarding the enforcement of HIPAA and its privacy and security requirements in response to the COVID-19 public health...more

OCR Imposes $2.15 Million Penalty Against Hospital System for Alleged HIPAA Violations

On October 23, 2019, the Office for Civil Rights (OCR) at HHS announced the imposition of a $2,154,000 civil monetary penalty against a Florida hospital system (Hospital System) for alleged violations of the HIPAA Security...more

Anthem Settles HIPAA Allegations Following Largest Health Data Breach in History for Record $16 Million

On October 15, 2018, the HHS Office of Civil Rights (OCR) announced a record $16 million settlement with Anthem, Inc., to settle allegations that Anthem violated certain HIPAA requirements prior to and following a 2015...more

D.C. District Court Dismisses a Hospital’s Challenge of Another Hospital’s Failure to Provide Wage Documentation to CMS

On March 21, 2017, the U.S. District Court for the District of Columbia ruled that a hospital lacked standing to challenge a decision of the Provider Reimbursement Review Board (the “PRRB”), since the hospital failed to...more

HRSA Withdraws 340B Program “Mega Guidance” from OMB Review

On January 30, 2017, the Health Resources and Services Administration (HRSA) withdrew its 340B Program Omnibus Guidelines (Guidelines) from regulatory review by the Office of Management and Budget (OMB). HRSA published the...more

HHS OIG Updates Its Interpretation of “Nominal Value” Under CMP to $15 Per Item or $75 Per Patient Per Year

On December 7, 2016, HHS OIG issued a “General Policy Statement Regarding Gifts of Nominal Value to Medicare and Medicaid Beneficiaries” (Policy Statement). In the Policy Statement, OIG announced that it is changing its...more

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