News & Analysis as of

Covered Entities Office of Civil Rights HIPAA Breach

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

Holland & Hart LLP

Avoiding HIPAA Penalties: A Checklist for Covered Entities

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The HIPAA Privacy, Security, and Breach Notification Rules apply to healthcare providers who engage in certain electronic transactions, healthcare clearinghouses, and health plans, including employee group health plans with...more

Quarles & Brady LLP

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

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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

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

Arnall Golden Gregory LLP

Reporting Deadline for 2022 Small HIPAA Breaches: March 1, 2023

With 2023 underway, healthcare providers and other “covered entities,” as defined under the Health Insurance Portability and Accountability Act (“HIPAA”), should be mindful of the upcoming annual reporting deadline for small...more

Mintz - Health Care Viewpoints

OCR HIPAA Privacy Rule Enforcement Roundup: Right of Access Initiative and Improper PHI Disposal

The Office for Civil Rights (OCR) at the U.S. Department of Health and Human Services (HHS) has been busy over the past month announcing new enforcement actions and settlement agreements related to violations of the Privacy...more

Health Care Compliance Association (HCCA)

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

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

Bass, Berry & Sims PLC

OCR Settlement Underscores the Importance of HIPAA Privacy and Security Review in Transactional Due Diligence

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On April 28, the U.S. Department of Health and Human Services, Office for Civil Rights (OCR) entered into a resolution agreement with Peachstate Health Management, LLC, doing business as AEON Clinical Laboratories...more

Faegre Drinker Biddle & Reath LLP

Fifth Circuit Decision Motivates Covered Entities to Appeal Unreasonable Enforcement Outcomes

The United States Court of Appeals for the Fifth Circuit (the “Court”) vacated a $4,348,000 civil monetary penalty (“CMP”) imposed by the U.S. Department of Health and Human Services’ Office for Civil Rights (“HHS-OCR”) in...more

Bricker Graydon LLP

[Webinar] OCR Enforcement Activity: Recent HIPAA Audits & Right of Access Initiative Settlements - March 4th, 12:00 pm - 1:00 pm...

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Health care technology has seen an incredible amount of change over the past twelve months. As health care providers and entities continue to provide patient care in unprecedented times, it is becoming increasingly important...more

Arnall Golden Gregory LLP

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

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

Seyfarth Shaw LLP

Don’t Get Caught in the “Low-Hanging Fruit” HIPAA Harvest

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Seyfarth Synopsis: The Director of HIPAA enforcement agency cautions that many covered entities are not meeting the basic HIPAA requirements and sees “low-hanging fruit” for enforcement activity....more

Robinson+Cole Data Privacy + Security Insider

Yearly Data Breach Reporting Due to OCR by February 29

Every year, we remind our readers that the HIPAA data breach notification regulations require covered entities to notify the Office for Civil Rights (OCR) of any reportable data breaches that involved fewer than 500...more

Health Care Compliance Association (HCCA)

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

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

Faegre Drinker Biddle & Reath LLP

$2.15 Million Civil Money Penalty for HIPAA Violations

The Office for Civil Rights (OCR) at the U.S. Department of Health and Human Services imposed a $2,154,000 civil money penalty (CMP) against Jackson Health System (JHS) for violations of the Health Insurance Portability and...more

Shumaker, Loop & Kendrick, LLP

Client Alert: The Office for Civil Rights May Fine Providers for Failure to Provide Timely Access to Health Records: Now is the...

Most health care providers are aware that the Health Insurance Portability and Accountability Act of 1996 (“HIPAA”) and its accompanying negotiations provide for the privacy and security of patients’ health care...more

Robinson+Cole Data Privacy + Security Insider

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

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

McDermott Will & Emery

OCR Corrects Past Misinterpretation of HIPAA Annual Penalty Limits, Signaling Potential Relief for Entities Facing Enforcement

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On April 26, 2019, the US Department of Health and Human Services (HHS), Office for Civil Rights (OCR) issued a Notification of Enforcement Discretion Regarding HIPAA Civil Money Penalties (the Notice) to inform the public...more

Sheppard Mullin Richter & Hampton LLP

Cybersecurity, Inside Jobs, Outside Jobs, and HIPAA

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

Robinson+Cole Data Privacy + Security Insider

Lessons Learned from Recent OCR HIPAA Audits

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

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

Carlton Fields

New HHS Cybersecurity Preparedness Checklist

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The Department of Health and Human Services’ Office of Civil Rights (OCR) recently published a checklist to guide HIPAA-covered entities and business associates through an appropriate response to a ransomware or cybersecurity...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

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

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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

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