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Whether Naughty or Nice, Compliance Deadline for HIPAA Reproductive Care Privacy Is Coming to Town

We just want to provide a friendly reminder that, before key staff depart for the holidays, HIPAA covered entities and business associates should finalize their compliance with the 2024 HIPAA amendments related to...more

New Washington Law Has Broad Implications For Protecting Consumer Health Data - Landmark ‘My Health My Data’ Act Reaches Beyond...

On April 27, 2023, Washington Governor Jay Inslee signed into law the My Health My Data Act (the "Act"), which will regulate the collection, use, and disclosure of "consumer health data" ("Consumer Health Data" or "CHD"). The...more

OCR Proposes Amendments to HIPAA to Safeguard Reproductive Health Care Information in the Wake of Dobbs

Walking a middle path, the HHS Office for Civil Rights (OCR) published proposed amendments to the HIPAA Privacy Rule on April 17, 2023, to further safeguard the privacy of reproductive health care information. This comes in...more

HHS Publishes Guidance on Using Online Tracking Technologies Under HIPAA

The U.S. Department of Health and Human Services Office for Civil Rights (OCR) issued a bulletin on December 1, 2022, clarifying that "regulated entities are not permitted to use tracking technologies in a manner that would...more

Politics and PHI, Bad Online Reviews, and the Right of Access

The U.S. Department of Health and Human Services (HHS) Office for Civil Rights (OCR) announced four enforcement resolutions at the end of March 2022, with issues ranging from the misuse of protected health information (PHI)...more

The Clock Is Ticking: HIPAA Small Breach Notifications Due March 1st

March 1, 2022, 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

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

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

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

Privacy Please: HIPAA and Artificial Intelligence – Part I

What if Artificial Intelligence (AI) is deployed within a health system to apply machine learning to patient information, in part, to allow patients to download information and wellness numbers (such as steps, blood pressure,...more

ACA’s Nondiscrimination Taglines and Notices Require Updating Your Notice of Privacy Practices

There has been confusion as to whether the Affordable Care Act’s nondiscrimination provision (“ACA”) affects a covered entity’s notice of privacy practices (“NPP”) or data breach notifications. OCR has issued guidance...more

A Draft Won’t Do: OCR Settles with CardioNet $2.5m for Failing to Finalize Policies and Procedures

On April 24, 2017, the Department of Health and Human Services’ Office for Civil Rights (“OCR”) announced that CardioNet, a provider of remote mobile monitoring and rapid response services to patients at risk for cardiac...more

HIPAA Small Breach Notification Due March 1: “In Like a Lion, Out Like a Lamb” if You Submit Timely

March 1, 2017 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

No Phishing: OCR Warns of Phishing Attempts Disguised as Official HIPAA Audit Program Emails

What’s worse than receiving an email indicating that you have been selected for an audit by your favorite government regulator? Clicking on a link in the email and discovering that it is a phishing attack that has just...more

Just Around the Corner – HIPAA Audits for Business Associates

Financial organizations that are business associates can expect a wave of HIPAA desk audits to evaluate the HIPAA compliance efforts of business associates. These audits have a limited focus and are conducted by the U.S....more

OCR Sets Sights on Smaller HIPAA Breaches

Covered entities and business associates can expect increased scrutiny for breaches of unsecured protected health information affecting fewer than 500 individuals. Starting August 2016, the U.S. Department of Health and Human...more

HIPAA Audit Check-Up – Where We Are and What’s to Come

Phase 2 of the HIPAA audits is fully underway, and covered entities now can take a breath if they have not received a desk audit request. But we still are at the beginning of Phase 2, with more to come. ...more

It’s Not the Olympics, but OCR Sets New HIPAA Settlement Records

Athletes at the Rio Olympics aren’t the only ones setting records this year. Hoping to send a “strong message” about the importance of safeguarding electronic protected health information (PHI) and conducting mandated risk...more

On the Trail for Pokémon – and HIPAA Compliance

Pikachu, Alakazam, Bulbasaur, Charmander, and Squirtle can teach us a few things about HIPAA privacy. Pokémon GO is a recent craze encouraging people to try to catch’em all. As a result, employees, clients, and patients are...more

HIPAA Wake-Up Call for Financial Institutions: First HIPAA Settlement with Business Associate

It’s a HIPAA first. A business associate has settled a direct enforcement action over allegations that it potentially violated the Health Insurance Portability and Accountability Act (HIPAA). This settlement portends future...more

The Audit Protocol is Released, and Other Updated HIPAA Audits News

As we previously reported, the HHS Office for Civil Rights (OCR) launched Phase II of its audit program on March 21. Since that time, a significant amount of new information has emerged, including details regarding the...more

OCR Phase 2 HIPAA Audits Are Here: What to Expect While You’re Expecting (an Audit)

The Phase 2 audit program for HIPAA compliance is under way. The U.S. Department of Health and Human Services’ Office for Civil Rights (OCR) announced that it had launched the Phase 2 audits to examine and assess how covered...more

HIPAA Audits to Include Financial Institutions—There’s an App for That

The Phase 2 audit program for HIPAA compliance now is underway — and financial institutions are on the list as potential targets. Many financial institutions are business associates under HIPAA, usually because of their...more

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