News & Analysis as of

Covered Entities Office of Civil Rights Data Protection

Health Care Compliance Association (HCCA)

$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

Faegre Drinker Biddle & Reath LLP

Proposed HIPAA Security Rule Updates — Implications for Covered Entities and Their Information Security Programs

On January 6, 2025, the Office for Civil Rights (OCR) at the U.S. Department of Health and Human Services (HHS) published a notice of proposed rulemaking (Proposed Rule) updating the Health Insurance Portability and...more

Brooks Pierce

OIG Recommends Changes to HIPAA Audit Program to Strengthen Data Protections, Implications for Regulated Entities

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The Department of Health and Human Services (HHS) Office for Civil Rights (OCR) is required by law to perform periodic audits of covered entities and business associates to ensure their compliance with HIPAA Security Rule...more

Vorys, Sater, Seymour and Pease LLP

Action Required for HIPAA Covered Entities Regarding Reproductive Health Care Compliance

On April 22, 2024, the Department of Health and Human Services (HHS) Office of Civil Rights (OCR) issued a Final Rule titled HIPAA Privacy Rule to Support Reproductive Health Care Privacy (Final Rule)....more

Health Care Compliance Association (HCCA)

2nd Settlement Triggered by 2017 Ransomware Attack Costs WA Practice $100K; ‘Not a Breach’

Let’s review for a moment. It’s not a HIPAA violation to be a victim of ransomware. It’s not a HIPAA violation to pay a ransom. It’s up to the covered entity (CE) to determine if a security or privacy incident is a...more

Health Care Compliance Association (HCCA)

HHS Abandons Appeal in Public Website Pixel Case, But CEs and BAs Should Expect Continued Scrutiny

The HHS Office for Civil Rights (OCR) has abandoned its appeal of a federal judge’s ruling overturning OCR’s guidance prohibiting covered entities (CEs) and business associates (BAs) from using the web-tracking technologies...more

Clark Hill PLC

HHS Bulletin on Online Tracking Technologies Declared Unlawful: What Covered Entities and Business Associates Need to Know About...

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Online tracking technologies are used by healthcare and hospital systems throughout the United States to analyze their website traffic, personalize content, and provide relevant information to website visitors, some of whom...more

Health Care Compliance Association (HCCA)

‘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

Health Care Compliance Association (HCCA)

Privacy Briefs: May 2024

Kaiser Permanente is notifying 13.4 million current and former members that their personal information may have been compromised when it was transmitted to tech giants Google, Microsoft Bing and X (formerly Twitter) when...more

Wilson Sonsini Goodrich & Rosati

OCR at HHS Updates Guidance on Use of Online Tracking Technology by HIPAA-Regulated Entities

On March 18, 2024, the Office for Civil Rights (OCR) at the U.S. Department of Health and Human Services (HHS) updated its guidance on the use of online tracking technology by covered entities regulated by the Health...more

Katten Muchin Rosenman LLP

OCR Updates Guidance on Use of Online Tracking Technologies by HIPAA Covered Entities and Business Associates

On March 18, the Office for Civil Rights (OCR) at the US Department of Health and Human Services (HHS) updated its guidance on the use of online tracking technologies by covered entities and business associates (regulated...more

Hogan Lovells

Updated OCR guidance does not solve HIPAA’s tracker uncertainty

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The Office for Civil Rights (OCR) at the U.S. Department of Health and Human Services (HHS) updated its guidance concerning compliance obligations for HIPAA covered entities and business associates using online tracking...more

Quarles & Brady LLP

Never Say Never Again: HHS Signals the Return of HIPAA Audit Program

Quarles & Brady LLP on

On February 12, 2024, the U.S. Department of Health and Human Services (“HHS”) published a notice in the Federal Register regarding reinstatement of the Health Information Portability and Accountability Act of 1996 (“HIPAA”)...more

Health Care Compliance Association (HCCA)

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

McGuireWoods LLP

Successive HIPAA Breaches Lead to $1.3 Million Settlement for Nation’s Largest Public Health Plan

McGuireWoods LLP on

On Sept. 11, 2023, the U.S. Department of Health and Human Services’ Office for Civil Rights (OCR) announced that the Local Initiative Health Authority for Los Angeles County (LA Care) entered into a $1.3 million settlement...more

Davis Wright Tremaine LLP

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

Troutman Pepper Locke

Office of Civil Rights Guidance on Recognized Security Practices Under the 2021 HITECH ‎Act Amendment

Troutman Pepper Locke on

Last year, Congress enacted an amendment to the HITECH Act in January 2021 (“HITECH Amendment”) to require that the Department of Health and Human Services (“HHS”) consider whether a covered entity or business associate has...more

BakerHostetler

OCR releases YouTube Addressing “Recognized Security Practices” in HIPAA Enforcement Context

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As a Halloween treat for HIPAA-covered entities and business associates, on October 31, the Department of Health and Human Services Office for Civil Rights (OCR) released a new video on its YouTube channel, in which senior...more

Goodwin

The Potential Impact of State Abortion Laws on Reproductive Health Apps

Goodwin on

Millions of women use reproductive health applications (or “apps”) to track menstrual cycles, ovulation, and pregnancy. These apps provide women that use the rhythm method for birth control and women seeking to become...more

Health Care Compliance Association (HCCA)

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

Arnall Golden Gregory LLP

Recent OCR HIPAA Enforcement Actions and Request for Information on HITECH Implementation

Enforcement Actions - In its first announcement of enforcement actions in 2022, the U.S. Department of Health and Human Services (“HHS”) Office for Civil Rights (“OCR”) simultaneously announced the resolution of three...more

Wyrick Robbins Yates & Ponton LLP

Any Port in a Storm? OCR Seeks Comments on HIPAA “Safe Harbor” for Recognized Security Practices

Earlier this month, HHS’s Office for Civil Rights (OCR) issued a Request for Information (RFI) seeking comments on a statutory provision adopted last year that provides a quasi-safe harbor for entities that have voluntarily...more

Akerman LLP - Health Law Rx

Help Wanted: OCR Seeks Public Input on “Recognized Security Practices” and Sharing Settlements with Harmed Individuals Under the...

Covered entities and business associates subject to the Health Insurance Portability and Accountability Act of 1996 (“HIPAA”) have the chance to provide input on two amendments to the Health Information Technology for...more

Ballard Spahr LLP

OCR’s HIPAA Resolution Agreements: the Year Thus Far

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The Office of Civil Rights (OCR) of the U.S. Department of Health and Human Services (HHS) has continued its enforcement of HIPAA’s privacy and security rules in the new administration, announcing a number of settlements of...more

Sheppard Mullin Richter & Hampton LLP

OCR Urges Private Sector to Beef Up Ransomware Protections

Echoing other agencies in recent weeks, the U.S. Department of Health and Human Services’ Office for Civil Rights (OCR) issued an alert sharing resources to address and protect institutions against the recent influx of...more

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