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OCR Loses Staff, Faces Move to New ‘Enforcement’ Office; Will HIPAA Focus, Independence Suffer?

Today, the HHS Office for Civil Rights (OCR) stands shoulder-to-shoulder with the likes of the Office of Inspector General and Office of General Counsel, one of just a dozen or so agencies reporting directly to the secretary....more

$1.5M Warby Parker Fine a Holdover; OCR Focuses On Men in Sports, Antisemitism, ‘Biological Truth’

Nearly six years to the day that Warby Parker reported a breach affecting nearly 200,000 individuals, the HHS Office for Civil Rights (OCR) imposed a $1.5 million fine on the eyewear giant. Investigated by OCR under the Biden...more

We’ll Take the Fine: OCR’s ‘Unwarranted,’ Costly Demands Prompted Hospital’s $538K Payment

The saga that led Children’s Hospital Colorado to accept a fine of more than $500,000 imposed by the HHS Office for Civil Rights (OCR) began on July 11, 2017, when a physician’s email account containing details on 3,300...more

With Nod to OCR, Indiana Inks $350K Deal With Dental Firm Following Hack

Recent federal enforcement actions have brought home the lesson that there’s really no acceptable reason for denying a patient timely access to medical records. Last year, for example, the HHS Office for Civil Rights (OCR)...more

Penn State, GA Tech Cybersecurity Cases Join 10 Others FCA Attorney Has Under Seal

Note to research compliance officials still digesting news of Pennsylvania State’s recent $1.25 million settlement over False Claims Act (FCA) allegations related to cybersecurity and the government’s recent intervention in a...more

Seven Years After Worldwide NotPetya Attacks, OCR Singles Out PA System, Collects Nearly $1M

Unleashed on June 27, 2017, NotPetya caused an estimated $10 billion in damages globally, among the costliest ransomware attacks in history. In 2018, the Trump administration—in tandem with the British government—blamed...more

‘I Will Not Rest’; ‘I Am All In’: Remarkable Breach Hearing Sees Pledges by UHG CEO, Sen. Wyden

United Healthcare Group (UHG) CEO Andrew Witty was in a board meeting on Feb. 21 when officials interrupted with the news that Change Healthcare—a clearinghouse UHG subsidiary Optum had purchased for $1.3 billion in October...more

UHG’s Breach Response May Prove Enlightening for Others

Organizations typically deal with ransomware attacks out of the public eye, but the massive scale of United Healthcare Group’s (UHG) February breach made that an impossibility. UHG CEO Andrew Witty was recently on the hot...more

Employees’ Misdeeds, Lack of Risk Analysis Cost NY Hospital $4.75M; OCR Issues Warning

Although the HHS Office for Civil Rights (OCR) described its recent $4.75 million agreement with a Bronx, New York, hospital as settling a “malicious insider cybersecurity investigation,” the agency considered a total of 11...more

In This Month’s E-News: February 2024

The Food and Drug Administration (FDA) is seeking strategies from Jeffrey W. Taub, M.D., to prevent future violations of human subject regulations the agency said were documented during site visits in September and October...more

BA Depicted by OCR as Example of Ransomware Dangers Recovered Quickly, Didn’t Expect Fine

Report on Patient Privacy 23, no. 11 (November, 2023) Tim DiBona clearly remembers Christmas Eve 2018 when the staff of his small firm—Doctors’ Management Service (DMS)—arrived at their West Bridgewater, Mass., office to...more

11 Years After First Disclosure, L.A. Care Pays $1.3M, Says ‘Processing Errors’ Caused Breaches

Report on Patient Privacy 23, no. 10 (October, 2023) By 2016, it should have been clear to HIPAA covered entities that a security risk analysis—and corresponding risk management plan—were compliance basics. Yet, a new...more

‘You Don't Have to Take It’: Keep OCR Happy, Use Legal Means to Combat Online Comments

Report on Patient Privacy Volume 23, no 8 (August 2023) The allegation was shocking and, if true, would devastate the orthopedic surgeon’s reputation. An online commenter accused him of operating on the wrong arm or...more

Report on Research Compliance Volume 19, Number 11. In This Month’s E-News: November 2022

NIH is unable to “ensure grants have appropriate cybersecurity provisions” and should make nearly a half-dozen changes, according to auditors for the HHS Office of Inspector General (OIG). Yet, NIH said it had already made...more

Hacked, Shut Down, But Still Seeing Patients: U. of Vermont Medical Center Shares Strategies

Report on Patient Privacy 22, no. 6 (June, 2022) - Sometimes numbers tell the most compelling story. So, here are some associated with a cyberattack the University of Vermont Medical (UVM) Center suffered in October 2020...more

OCR: Current Fines Too Low to Spur Compliance; Agency Also Seeks Funding Boost, Injunctive Relief

Report on Patient Privacy 22, no. 5 (May, 2022) - Compared to other agencies, the HHS Office for Civil Rights (OCR) is a little fish in the big federal pond, but it has an outsize effect on HIPAA covered entities (CEs) and...more

Securing Problematic 'Legacy' Devices: Be Part of Procurement, Push for Info

Report on Patient Privacy 22, no. 3 (March, 2022) - Typically a “legacy” describes the lasting impact of an influential person or movement, most often in a positive sense. Not so with medical devices. When legacy is applied...more

Safeguards in New National Network Include Insurance, App Mandates, Cybersecurity Council

Report on Patient Privacy 22, no. 2 (February, 2022) - The new national health information network calls for a number of privacy and security safeguards and standards that, in some instances, exceed what HIPAA covered...more

Facing Escalating Attacks, AHA Presses OCR to Expedite Security Practices Rule

Report on Patient Privacy 21, no. 12 (December, 2021) - Amid the letters of congratulations to new HHS Office for Civil Rights (OCR) Director Lisa Pino is a plea from the American Hospital Association (AHA): “victims” of...more

FBI: More Awareness, Due Diligence Needed To Fight China in New ‘Space Race’ for Data

Report on Patient Privacy 21, no. 10 (October, 2021) - Conducting a risk analysis is a basic tenet of security compliance, with the overarching goal of understanding where protected health information (PHI) “lives” in an...more

OCR Investigator: Goal Is to Uncover ‘Root Cause,’ Remedy Harm From Violations

Report on Patient Privacy 21, no. 5 (May 2021) - Given the hundreds of thousands of HIPAA covered entities (CEs) and business associates (BAs) and the two dozen or so enforcement actions the HHS Office for Civil Rights...more

New Enforcement Threat: 'Coordinated' AGs Pursuing Settlements Following Big Breaches

Report on Patient Privacy 20, no. 12 (December 10, 2020) - In late September, Anthem Inc. entered into a $39.5 million settlement for a 2014 data breach that affected nearly 79 million individuals. About a week later,...more

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