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Business Associates › Office of Civil Rights › HIPAA Breach

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... more +
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 -
Holland & Knight LLP

HIPAA Breach Notice Can Be Delegated to Change Healthcare

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After months of uncertainty and multiple letters from industry associations advocating on behalf of the healthcare industry with the U.S. Department of Health and Human Service (HHS) Office for Civil Rights (OCR), covered...more

Dorsey & Whitney LLP

HHS OCR Settles HIPAA Investigation with Business Associate for $350,000

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Over the past decade, the number of health care data breaches reported to the U.S. Department of Health and Human Services’ Office for Civil Rights (“OCR”) has increased dramatically. From 2009 to 2022, over 5,000 data...more

Health Care Compliance Association (HCCA)

Still Missing a New Leader, Former OCR Directors, Experts Offer Advice, Task List

Health Care Compliance Association (HCCA) on

Issue a final rule revising the privacy regulation and write guidance on the information blocking rule. Formalize the fledgling audit program required by Congress more than 10 years ago. Engage with providers and other...more

K&L Gates LLP

K&L Gates Triage: HIPAA: Do Hospitals Need a Business Associate Agreement with their Health System Parent Corporation?

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In this week’s episode, Rebecca Schaefer and Hannah Maroney discuss a string of recent HIPAA enforcement actions which demonstrate that the HHS Office of Civil Rights (OCR), the agency tasked with enforcing HIPAA, is...more

Health Care Compliance Association (HCCA)

Payment Dispute Triggered First 2020 OCR Settlement

Health Care Compliance Association (HCCA) on

Report on Patient Privacy 20, no. 3 (March 2020) - A gastroenterologist in Utah who felt he was being held captive by an electronic health record (EHR) vendor found his 2013 complaint to the HHS Office for Civil Rights...more

Arnall Golden Gregory LLP

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

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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

Health Care Compliance Association (HCCA)

Under New Settlement, Ambulance Co. Pays OCR $65K, Must Quickly Encrypt Computers

Health Care Compliance Association (HCCA) on

Report on Patient Privacy 20, no. 1 (January 2020) - In the waning days of 2019, the HHS Office for Civil Rights (OCR) didn’t halt the HIPAA enforcement momentum it had built up during the last quarter of the year, dinging...more

Health Care Compliance Association (HCCA)

'Misinterpretation' of Breach Rule, Lack of Internal BAA Cost Hospital Group $2.1M

Health Care Compliance Association (HCCA) on

Report on Patient Privacy 19, no. 12 (December 2019) - Sentara Hospitals, a nonprofit group of 12 medical centers in Virginia and North Carolina, will implement a fairly minimal two-year corrective action plan (CAP) and...more

Ballard Spahr LLP

HIPAA Guidance and Enforcement: A New Alignment?

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The Office of Civil Rights (OCR) of the U.S. Department of Health and Human Services (HHS) announced that it has entered into a settlement with a business associate that provides electronic medical records services to health...more

Ballard Spahr LLP

A Modest HIPAA Settlement

Ballard Spahr LLP on

The Office of Civil Rights of the Department of Health and Human Services (OCR) announced that it has entered into a settlement with a business associate that provides electronic medical records services to health care...more

Bricker Graydon LLP

HHS publishes fact sheet on direct liability of business associates under HIPAA

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On May 24, 2019, the U.S. Department of Health and Human Services (HHS) Office for Civil Rights (OCR) issued a new fact sheet providing a compilation of all provisions through which a business associate may be held directly...more

Robinson+Cole Data Privacy + Security Insider

Privacy Tip #191 – Trying to Protect Your Medical Information—Let’s Ask Questions About Data Security

Robinson+Cole Data Privacy + Security Insider on

In the top three of the list of highly sensitive personal data to be concerned about is our medical information. It’s so sensitive because it is so personal. It used to be that our medical information was located in paper...more

Sheppard Mullin Richter & Hampton LLP

Cybersecurity, Inside Jobs, Outside Jobs, and HIPAA

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According to a February 12, 2019 Press Release from Protenus, a developer of analytics for patient privacy monitoring and compliance, 15,085,302 patient records were breached in 2018 – a startling number made even more...more

Jackson Lewis P.C.

A Trio Of OCR HIPAA Breach Resolutions: Is Your Organization HIPAA Compliant?

Jackson Lewis P.C. on

Over the past thirty days, the Office for Civil Rights (“OCR”) has reached three HIPAA breach resolutions, signaling to organizations that are covered entities and business associates under HIPAA, the importance of...more

Mintz - Health Care Viewpoints

HIPAA Penalties For Failure to Cut Off Access To Former Employee

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It has been a busy few weeks for HIPAA enforcement. On Tuesday, the Office for Civil Rights announced its third resolution of a HIPAA breach in as many weeks. In this latest matter, OCR announced that Pagosa Springs Medical...more

Mintz - Health Care Viewpoints

Another HIPAA Settlement for Failure to Enter Into a BAA

Mintz - Health Care Viewpoints on

Last week, the Office for Civil Rights (OCR) announced that it had reached a settlement with a contract physician group based in Florida to resolve potential HIPAA violations relating to the sharing of protected health...more

Robinson+Cole Data Privacy + Security Insider

Lessons Learned from Recent OCR HIPAA Audits

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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

Robinson+Cole Data Privacy + Security Insider

OCR Warns Health Care Industry of Risks with Previous Employees

Robinson+Cole Data Privacy + Security Insider on

In its November newsletter, the Office for Civil Rights (OCR) made a great point that we are seeing in the industry—the risks associated with previous employees. According to its newsletter, entitled “Insider Threats and...more

Robinson+Cole Data Privacy + Security Insider

Business Associate Resold Fax Machine Containing PHI

Robinson+Cole Data Privacy + Security Insider on

Fax machines are still used in the medical community, and these days, faxing may be more secure than emailing as hackers have not yet cracked the task of hacking into old fax machines. All kidding aside, fax machines have...more

Snell & Wilmer

2017 HIPAA Enforcement – Appears Not To Be Slowing Down

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To state the obvious, there has been some uncertainty regarding how the Trump Administration will affect federal agency enforcement efforts. However, at least, in regard to HIPAA Privacy and Security, the U.S. Department of...more

Sherman & Howard L.L.C.

Healthcare Advisory: HHS Announces First Settlement with a Wireless Health Services Provider

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On April 24, 2017, the Department of Health and Human Services, Office of Civil Rights (“OCR”), announced its first settlement with a wireless health services provider, CardioNet, Inc., for alleged violations of the Health...more

Williams Mullen

2017 HIPAA Enforcement: New Settlements and Penalties Already Total Over $11,000,000

Williams Mullen on

In our last post, we highlighted the 2016 settlements between the Office for Civil Rights (OCR) and various covered entities (and business associates), in one of OCR’s most active years. As of now, 2017 is proving to be on...more

Robinson+Cole Data Privacy + Security Insider

UMass Amherst Settles HIPAA Violations with OCR for $650,000

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The Office for Civil Rights (OCR) has announced that the University of Massachusetts Amherst (UMass) has agreed to settle an investigation against it as a result of a malware infection for $650,000, along with implementing a...more

Akerman LLP - Health Law Rx

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

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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

Sherman & Howard L.L.C.

Failure Under the HIPAA Security Rule Costs $2.14 Million

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On October 18, 2016, the Department of Health and Human Services, Office of Civil Rights (“OCR”) announced a $2.14 million settlement with St. Joseph Health (“St. Joseph”), a non-profit integrated Catholic healthcare delivery...more

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