News & Analysis as of September 20, 2024

HIPAA Audits

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Business Associates can refer broadly to individuals engaged in business relationships with one another. However, in the HIPAA context, the term has a specific statutory meaning and those characterized as business associates have expanded data protection obligations and duties. Essentially, a business associate under HIPAA is a person or entity that performs certain functions or services which necessitates exposure to protected health information on behalf of a covered entity. Typical business associate functions include: claims processing or administration, data analysis, billing, etc. less -

[Event] March Privacy Compliance Academy - March 9th - 12th, San Diego, CA

Health Care Compliance Association (HCCA) on 1/16/2020

Dive into a broad spectrum of topics affecting healthcare organizations. Explore the latest laws, regulations, and developments to help you effectively manage your organization’s privacy compliance program. Our Academies are...more

Lessons Learned from Recent OCR HIPAA Audits

Robinson+Cole Data Privacy + Security Insider on 1/10/2018

Covered entities, including employer sponsored health plans, should brace for audits and enforcement of the Privacy, Security, and Breach Notification rules by the Department of Health & Human Service Office of Civil Rights...more

Tips for Ensuring Your Organization Is HIPAA Compliant Amid Increased Enforcement Activity

Brownstein Hyatt Farber Schreck on 5/16/2017

Thus far in 2017, the U.S. Department of Health and Human Service’s Office for Civil Rights has continued the step-up in HIPAA enforcement activity we saw in 2016 and appears on track to exceed 2016’s enforcement activity. ...more

OCR Identifies Continuing HIPAA Enforcement Issues, Areas of Future Guidance and Regulations

Mintz - Health Care Viewpoints on 4/4/2017

Last week the Health Care Compliance Association hosted its annual “Compliance Institute.” Iliana Peters, HHS Office for Civil Rights’ Senior Advisor for HIPAA Compliance and Enforcement, provided a thorough update of HIPAA...more

HHS Expected to Release Significant HIPAA Privacy Guidance This Year; Compliance Audits Proceed; Guide on Compliance Program...

WilmerHale on 3/30/2017

HIPAA privacy guidance, audits, and enforcement are continuing under the new Administration. On March 27, 2017, Iliana Peters, Senior Adviser for HIPAA Compliance and Enforcement at the US Department of Health and...more

OCR Alerts Listservs About Fake Phishing Email to Covered Entities and Business Associates

Robinson+Cole Data Privacy + Security Insider on 12/2/2016

On November 28, 2016, the Office for Civil Rights (OCR) issued an Alert to its listservs that a phishing email is being circulated on “mock HHS Departmental letterhead under the signature of OCR”s Director, Jocelyn Samuels”...more

More on HIPAA Audits for 2016 and 2017–Desk Audits and On-Site Audits

Foley Hoag LLP - Security, Privacy and the... on 11/28/2016

As part of the ongoing HHS OCR HIPAA audit initiative, it is conducting “HIPAA desk audits.” These audits don’t involve auditors coming in your facility. Instead, covered entities are being asked to submit documents on...more

HIPAA Audits – Phase 2: On-Site Audits Scheduled for First Quarter of 2017

Akerman LLP - Health Law Rx on 11/15/2016

Covered Entities and Business Associates may be ringing in the New Year with the prospect of responding to on-site HIPAA audits by federal regulators. The U.S. Department of Health and Human Services Office for Civil Rights...more

2016 End of Year Plan Sponsor “To Do” List: Health & Welfare

Snell & Wilmer on 11/10/2016

As 2016 comes to an end, we are pleased to present you with our traditional End of Year Plan Sponsor “To Do” Lists. Like last year, we are presenting our “To Do” Lists in three separate Employee Benefits Updates. Part 1 of...more

Just Around the Corner – HIPAA Audits for Business Associates

Davis Wright Tremaine LLP on 10/19/2016

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

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

Davis Wright Tremaine LLP on 8/29/2016

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

HIPAA Security Rule Compliance for Providers & Business Associates in Three Easy Steps

Buchalter on 8/24/2016

On August 4, 2016, the Office for Civil Rights (“OCR”) of the U.S. Health & Human Services Department (“HHS”) announced a $5.55 million HIPAA settlement with Advocate Health Care Network (“Advocate”), the largest...more

HIPAA Phase 2 Audits: What Has OCR Requested from Auditees to Date?

Alston & Bird on 8/24/2016

In our April 8, 2016, advisory, we discussed the U.S. Department of Health and Human Services’ (HHS) Office of Civil Rights (OCR) “Phase 2” audit program. Then, we could only make educated guesses about what documents OCR...more

HIPAA News: HHS Getting Tough On ePHI Data Breaches

Snell & Wilmer on 8/8/2016

On August 4, 2016, the U.S. Department of Health and Human Services, Office of Civil Rights (OCR) announced a record-setting settlement with Advocate Health Care Network (Advocate) for multiple potential violations of HIPAA...more

New OCR Guidance for Phase II HIPAA Audits

Arnall Golden Gregory LLP on 8/2/2016

HHS Office for Civil Rights (OCR) recently issued guidance addressing its approach to the 2016 Phase II HIPAA Desk Audits. In its announcement of the guidance, OCR emphasized the broader applicability of these resources...more

Regulatory Authorities Launch The Second Phase Of The HIPAA Compliance Audit Program

Laner Muchin, Ltd. on 7/20/2016

As a part of its continued efforts to assess compliance with the Health Insurance Portability and Accountability Act (HIPAA) Privacy, Security, and Breach Notification Rules, the Health and Human Services (HHS) Office for...more

The Long Anticipated HIPAA Audits Are Here!

Miller & Martin PLLC on 7/20/2016

Phase 2 HIPAA Audits, which the Department of Health and Human Services' Office of Civil Rights ("OCR") announced had "launched" back in March of this year, have now officially begun. On Monday, July 11, 2016, the first round...more

OCR Begins HIPAA Phase 2 Audits

Morgan Lewis on 7/19/2016

What covered entities and business associates can do to prepare for the next round of audits. On July 11, the HIPAA Phase 2 audits commenced when 167 covered entities received notice of a desk audit from the Department...more

Recent Enforcement Action: Business Associates Not Off the Hook

Polsinelli on 7/14/2016

Despite the fact that Business Associates have been directly subject to and liable under the Health Insurance Portability and Accountability Act of 1996 and its implementing regulations (HIPAA) since February 18, 2010 the...more

OCR Update: HIPAA Phase 2 Audit Notices—Responses Due July 22, 2016

Arnall Golden Gregory LLP on 7/13/2016

On July 11, 2016, e-mail notification was sent to 167 covered entities alerting them of their inclusion in the desk audit portion of OCR’s 2016 HIPAA audit program. Selected covered entities must respond no later than July...more

OCR levies first fine ever directly against business associate

Robinson+Cole Data Privacy + Security Insider on 7/6/2016

Our predictions that the Office for Civil Rights (OCR) will become more aggressive with audits, investigations, and fines against HIPAA business associates has come true. On June 24, 2016, the OCR announced that it has...more

HIPAA Heats Up

McGuireWoods LLP on 6/14/2016

Despite the issuance of the Omnibus Final Rule in 2013, HIPAA enforcement activity has remained relatively light—until recently. Indeed, compared to just a few settlements a year for the first decade that HIPAA was in force,...more

Burr Alert: Phase 2 HIPAA Audits

Burr & Forman on 6/8/2016

In an effort to review and examine compliance with the Health Insurance Portability and Accountability Act of 1996 and its implementing regulations ("HIPAA"), the Department of Health and Human Services Office for Civil...more

HHS Releases HIPAA Privacy and Security Audit Guidelines as it Starts its Second Round of Audits and Continues Enforcement Efforts

Winstead PC on 6/3/2016

During April 2016 the Department of Health and Human Services (“HHS”) posted lengthy audit guidelines for HIPAA Privacy and Security on its website (over 400 pages). As HHS starts its audits of health care providers, health...more

Recent Settlements and Upcoming Audits Highlight the Continuing Need to Focus on Core HIPAA Compliance Measures

Chambliss, Bahner & Stophel, P.C. on 5/18/2016

Recent settlements and initiatives conducted by the Office for Civil Rights ("OCR") at the U.S. Department of Health and Human Services highlight the continuing need for focus on compliance with the privacy and security...more

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