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HHS Proposes Major Changes to the HIPAA Privacy Rule

Overview - On December 10th, the Office for Civil Rights (OCR) at the U.S. Department of Health and Human Services (HHS) announced significant proposed changes to the Health Insurance Portability and Accountability Act...more

The Year Ahead: Telehealth in 2021 - Will Auld Acquaintance Be Forgot?

As the end of 2020 approaches, the melody to “Auld Lang Syne” inevitably comes to mind. The meaning of this song is particularly appropriate as we consider what will stay, and what will pass when it comes to telehealth in...more

Two New HIPAA Settlements Announced as OCR Enforcement Streak Continues

In a continuation of its recent enforcement streak, the U.S. Department of Health and Human Services (HHS) Office for Civil Rights (OCR) announced two new HIPAA settlements last week. The first settlement is with Aetna Life...more

Compliance Takeaways from OCR’s Eighth and Ninth Settlements in HIPAA Right of Access Initiative

Last week, the Office for Civil Rights (OCR) at the U.S. Department of Health and Human Services (HHS) continued in its recent trend of rapid settlement agreement announcements. With two more settlements announced in quick...more

Playing Catch Up? HHS OCR Announces Eight New HIPAA Settlements in September

In a flurry of recent activity, the U.S. Department of Health and Human Services (HHS) Office for Civil Rights (OCR) has announced eight resolution agreements since September 15, 2020. These resolution agreements settle...more

Telehealth Expansion Post-PHE: CMS Proposes Making Certain Changes Permanent

In its calendar year 2021 Medicare Physician Fee Schedule (“MPFS”) proposed rule, released August 3, 2020, the Centers for Medicare and Medicaid Services (“CMS”) has proposed to make permanent certain telehealth changes that...more

HHS OCR Reaches $1.04 Million HIPAA Settlement with Affiliated Covered Entity

On July 27, 2020, the U.S. Department of Health and Human Services (HHS) Office for Civil Rights (OCR) announced a resolution agreement with Lifespan Health System Affiliated Covered Entity (Lifespan ACE) to resolve alleged...more

HHS OCR Reaches HIPAA Settlement with Small Rural Health Care Provider

On July 23, 2020, the Department of Health and Human Services (HHS) Office for Civil Rights (OCR) announced a resolution agreement with a small health care provider regarding an alleged breach of HIPAA Security Rule...more

HHS Renews Public Health Emergency Declaration for COVID-19

On July 23, 2020, U.S. Department of Health and Human Services (HHS) Secretary Alex Azar renewed the declaration that a national public health emergency (PHE) exists due to the COVID-19 pandemic....more

Medicare Telehealth Post-PHE: Expiring Flexibilities and Preparing to Return to “Normal”

In response to the COVID-19 pandemic, the Centers for Medicare and Medicaid Services (CMS) has issued numerous telehealth waivers and flexibilities aimed at alleviating burdens for health care providers and facilitating the...more

Hospital Facility Fees and Telehealth During COVID-19 Pandemic Revisited

As we reported earlier, the Centers for Medicare & Medicaid Services (CMS), as part of its blanket waivers issued on March 30, 2020,2 has waived the location requirement for provider-based status for the duration of the...more

OCR’s HIPAA Enforcement Discretion: Business Associates May Use and Disclose PHI for Public Health and Health Oversight Activities...

We have previously commented on OCR’s exercise of enforcement discretion and accompanying FAQs for covered entities during the COVID-19 public health emergency....more

OCR Issues HIPAA Telehealth FAQs

On March 20, 2020, the U.S. Department of Health and Human Services Office for Civil Rights (“OCR”) issued guidance in the form of FAQs in follow up to its Notification of Enforcement Discretion for good faith provision of...more

HIPAA Waivers and Compliance in COVID-19 Pandemic

In this update, we incorporate information on waivers of penalties for noncompliance with the regulatory requirements under the HIPAA Rules against covered health care providers in connection with the good faith provision of...more

No Good Deed Goes Unpunished: Reporting Business Associate’s HIPAA Breach Results in Liability for Covered Entity

A recent Resolution Agreement between a solo practitioner physician practice and the U.S. Department of Health and Human Services Office for Civil Rights (OCR) reveals how complying with HIPAA by reporting a business...more

HIPAA 2019 Enforcement Trends and Compliance Focus Areas for 2020

After a quiet start, 2019 developed into another active enforcement year for HIPAA, with a notable flurry of activity in the last three months of 2019....more

D.C. Court Throws Out Portion of HIPAA Regulations and Guidance: HHS Position Reversed Regarding Access and Copy Fees for Third...

The U.S. District Court for the District of Columbia has vacated controversial portions of the U.S. Department of Health and Human Service’s (“HHS”) regulations and guidance regarding access and copy fees for third party...more

OCR's First HIPAA Right of Access Enforcement Action

On September 9, 2019, the U.S. Department of Health and Human Services Office for Civil Rights (OCR) announced the first enforcement action and settlement in its Right of Access Initiative (the “Initiative”). ...more

In $3 Million HIPAA Settlement, OCR Again Emphasizes Importance of Security Rule Compliance and Timely Breach Response

In its second HIPAA resolution agreement of 2019, the U.S. Department of Health and Human Services, Office for Civil Rights (OCR) again emphasizes the importance of compliance with the HIPAA Security Rule and of both timely...more

Good News for Covered Entities and Business Associates: Recent HHS HIPAA Pronouncements Acknowledge Realities and Soften Impact

In two recent pronouncements, the United States Department of Health and Human Services (HHS) has taken a balanced approach to interpreting the Health Insurance Portability and Accountability Act (HIPAA) regulations that...more

HIPAA Compliance for 2019: Enforcement Trends and Lessons Learned from 2018

After a relatively slow first six months, 2018 turned into an active year for HIPAA enforcement, with the Department of Health and Human Services’ (HHS) Office of Civil Rights (OCR) announcing the largest-ever HIPAA...more

Changes on the Horizon for Charging Fees for Medical Records? Pending Ciox Litigation Raises the Question

Ciox Health, LLC (“Ciox”), a release of information (“ROI”) vendor that contracts with hospitals and other healthcare providers to fulfill requests for copies of medical records, filed suit against the U.S. Department of...more

Expect New DEA Regulations: Special Registration for Telemedicine

On October 24, 2018, the President signed the sweeping, opioid-focused SUPPORT for Patients and Communities Act (Pub. L. 115-271, the “Act”) into law. Title III, Chapter 4 of the Act, titled the Special Registration for...more

Hospice Providers May Dispose of Controlled Substances under New Federal Opioid Law

On October 24, 2018, the SUPPORT for Patients and Communities Act (Pub. L. 115-271, the “Act”) was signed into law. Section 3222 of this sweeping federal opioid legislation amends the Controlled Substances Act to permit...more

Public Comment Opportunity: ONC Requests Feedback on EHR Reporting Program by October 17

Stakeholders have the opportunity to submit comments regarding the Electronic Health Record (EHR) Reporting Program established as Section 4002 of the 21st Century Cures Act (Cures Act). Section 4002(c) of the Cures Act...more

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