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Key Takeaways for Healthcare Providers Following HHS OCR’s Most Recent Ransomware Investigation

Announcing its fourth ransomware cybersecurity investigation and settlement, the Office for Civil Rights (OCR) also observed there has been a 264% increase in large ransomware breaches since 2018....more

Investigation of AI Training by Australian Radiology Provider Provides Important Reminder for U.S. Healthcare Providers

If there is one thing artificial intelligence (AI) systems need is data and lots of it as training AI is essential for achieving success for a given use case. A recent investigation by Australia’s privacy regulator into the...more

New HIPAA Final Rule Imposes Added Protections for Reproductive Health Care Privacy

On April 22, 2024, the federal Department of Health and Human Services’ Office for Civil Rights (OCR) announced a final rule enhancing privacy protections relating to reproductive health care. Specifically, the final rule...more

AI Notetakers – Evaluating the Risks Along with the Benefits

The explosion of generative AI has spawned a wide range of personal and professional tools and applications. One noteworthy (no pun intended) example of those tools and applications is notetakers that can capture, transcribe,...more

Downstream Breaches Cause Headaches for Healthcare Providers, as State AG Seeks Law Change to Require AG Notification

For healthcare providers and health systems covered by the privacy and security regulations under the Health Insurance Portability and Accountability Act (HIPAA), a breach of unsecured protected health information (PHI)...more

ChatGPT and HIPAA, Caution is Needed, Even ChatGPT Says So!

Recently, things may have sped up a little in your doctor’s office. The notes for your recent visit may have been organized and filed a little more quickly. You might have received assistance sooner than expected with a...more

HHS and FTC Send Joint Letter to 130 Hospital Systems, Telehealth Providers Re: Tracking Technologies

The Department of Health and Human Services and the Federal Trade Commission have sent a joint letter to approximately 130 hospital systems and telehealth providers to emphasize the risks and concerns about the use of...more

Connecticut Adds Protections for Health Data and Minors to Privacy Law

On June 26, 2023, the Governor of Connecticut signed Senate Bill (SB) 3 which set forth new requirements related to consumer health data and protections for minors online. As Connecticut’s comprehensive consumer privacy...more

Montana Enacts Genetic Information Privacy Law

On June 7, 2023, Montana’s Governor signed Senate Bill (SB) 351 which revises the state’s privacy law pertaining to genetic information. This legislation takes effect on October 1, 2023. Covered Entity- Businesses...more

NJ Mental Health Provider’s Response to Negative Online Reviews Costs Practice $30,000 in OCR Penalty

Unhappy consumers, including patients, are free to express dissatisfaction with services they receive from providers on popular social media or online review platforms, such as Yelp and Google. At least in the healthcare...more

Failure to Follow OCR HIPAA Technical Assistance Results in $15,000 Settlement for Small Provider

We have written several times about U.S. Department of Health and Human Services Office for Civil Rights’ “HIPAA Right of Access Initiative.” In its most recent enforcement action under the Initiative, the 44th such...more

Washington State’s My Health, My Data Act Sent to Governor

Since the privacy and security regulations were issued under the federal Health Insurance Portability and Accountability Act (HIPAA), critics pointed to the limitations on the reach of those rules. A critical limitation...more

HIPAA Regulated Entities: Website or App Tracking Technologies, Pixels Can Create Significant Compliance and Litigation Risks

Last month, the U.S. Department of Health and Human Services (HHS) Office for Civil Rights (OCR) issued a bulletin with guidance concerning the use of online tracking technologies by covered entities and business associates...more

Top 10 Blog Posts for the Workplace Privacy, Data Management & Security Report for 2022

As the year comes to a close here are some of the highlights from the Workplace Privacy, Data Management & Security Report with our Top 10 most popular posts of 2022:.....more

OCR Reminds Healthcare Providers and Their Business Associates – You Need an Incident Response Plan!

We have been quite busy this October, which happens to be National Cybersecurity Awareness Month. But, we did not want to let the month go by without some recognition; and we are grateful to the HHS Office for Civil Rights...more

Recent HIPAA Settlement Offers Lessons on Data Disposal and the Meaning of PHI

A $300,640 settlement announced yesterday by the Office for Civil Rights (OCR) provides important reminders about HIPAA Privacy Rule and data privacy practices generally: robust data disposal practices are critical and...more

“Get a Life” – Another Dentist Responds to Patient’s Online Review, This Time Faces a $50,000 OCR Penalty

It can be cathartic responding to a negative online review. It can also backfire, as can failing to cooperate with an OCR investigation as required under HIPAA. The Office for Civil Rights (OCR) recently announced four...more

Health App Alert: FTC Expands Scope Health Breach Notification Rule

The Federal Trade Commission (“FTC”) recently issued an important policy statement to health apps and other connected devices that collect or use consumers’ health information. The FTC’s policy statement effectively...more

OCR Speaks To HIPAA, COVID-19 Vaccinations, Privacy, And The Workplace

When use or disclosure of an individual’s health information or medical records is at issue, the assumption seems to be, much more often than not, that the HIPAA privacy and security rules apply. This has certainly been the...more

Information Blocking And HIPAA’s Right To Access: Compliance Burdens For Healthcare Providers

Since the Health Insurance Portability and Accountability Act of 1996 (HIPAA) Privacy Rule became effective in 2003, it generally required covered entities to provide patients timely access to their medical records. Of...more

Small NJ Medical Practice Becomes 18th Target Of OCR’s HIPAA Right Of Access Enforcement Initiative

A small New Jersey plastic surgery practice, Village Plastic Surgery (“VPS”), has become the eighteenth HIPAA covered entity to face an enforcement action under the Office for Civil Right’s HIPAA Right of Access Initiative....more

Beware, Persons Posing As OCR Investigators Demand PHI, Says OCR Alert

On April 3, the Office for Civil Rights (OCR) issued an alert to covered entities and business associates. Evidently, one or more individuals are posing as OCR Investigators and contacting HIPAA covered entities and business...more

More OCR Guidance On COVID-19 And HIPAA Relief – Business Associates

The Office for Civil Rights (OCR) has been moving swiftly to provide guidance on addressing key regulatory issues to aid in the fight to contain and defeat COVID-19. Some of the latest developments include exercising its...more

OCR HIPAA Guidance For Getting PHI Of COVID-19 Exposed Individuals To First Responders

With first responders on the front lines of helping to fight the coronavirus, sharing information about potential exposure to COVID-19 is critical to protecting them and preventing further spread. In these situations, the...more

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