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Data Breach Protected Health Information HITECH Act

Benesch

Annual Report to Congress on Breaches of Unsecured Protected Health Information

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The U.S. Department of Health and Human Services (HHS), Office for Civil Rights (OCR) recently published an executive summary (Report) outlining key enforcement activities of the Health Insurance Portability and...more

BakerHostetler

HHS OCR Provides Annual Report to Congress Detailing 2022 Enforcement Activities

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On Feb. 16, the U.S. Department of Health and Human Services (HHS) Office for Civil Rights (OCR) published its 2022 Annual Report to Congress. ...more

Saul Ewing LLP

HHS OCR Publishes 2021 HIPAA Complaint and Breach Reports

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The 2021 calendar year reports from HHS OCR describe OCR’s efforts that calendar year and are instructive tools for all parties who need to comply with HIPAA to understand macro-level trends....more

Ankura

Behind the Expert: Applying a Proactive Approach to Healthcare Compliance with Nancy Waltermire

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"Rather than reacting, you must be proactive and preventive. By doing this, you will not only be prepared for the potential obstacles that face your company, but you will most likely eliminate obstacles before they appear." ...more

Health Care Compliance Association (HCCA)

Report on Patient Privacy Volume 22, Number 11. MD Anderson Won Against OCR, But Agency’s Response—Including on Fines—Keeps...

Report on Patient Privacy Volume 22, Number 11. (November 2022) Nearly five years passed from the time the University of Texas MD Anderson Cancer Center reported to the HHS Office for Civil Rights (OCR) that three...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

Sheppard Mullin Richter & Hampton LLP

Learning from the Mistakes of Others: OCR Releases Audit Report

The HHS Office for Civil Rights released, at the end of last year, findings from audits it conducted in 2016 and 2017 of 166 covered entities and 41 business associates. The report represents the periodic audit that the...more

Polsinelli

Entities of All Types Should Consider Commenting on the FTC’s Health Breach Notification Rule by August 20, 2020

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On May 22, 2020, the Federal Trade Commission (the “FTC”) published its decennial request for public comment (the “RFC”) on the FTC’s Health Breach Notification Rule (the “HBN Rule”)....more

Polsinelli

HHS’s Enforcement Discretion Notice May Signal More Potential Violations

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The HHS Office for Civil Rights (“OCR”) issued a notice in the Federal Register regarding its Enforcement Discretion (84 Fed. Reg. 18151) on April 30, 2019. HHS announced that HHS will now apply a different cumulative annual...more

Ballard Spahr LLP

HHS Decreases Maximum HIPAA Penalties

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The Department of Health and Human Services has announced that it is lowering the maximum amount it will assess for most types of HIPAA violations. Although the change is couched as an exercise of discretion, HHS states that...more

Robinson+Cole Health Law Diagnosis

HHS Exercises Discretion to Reduce Maximum Annual Civil Money Penalties for Certain HIPAA Violations

On April 26, 2019, the U.S. Department of Health and Human Services (HHS) issued a Notification of Enforcement Discretion (Notice) regarding imposition of Civil Money Penalties (CMPs) under HIPAA. ...more

Holland & Knight LLP

Impact of the New Health Industry Cybersecurity Practices: 2019 Outlook

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• The U.S. Department of Health and Human Services on Dec. 28, 2018, announced the release of the "Health Industry Cybersecurity Practices: Managing Threats and Protecting Patients" that provides a "Call to Action" to make...more

Akerman LLP

New York State Attorney General Settles Data Breach With Health Plan In An Unprecedented Settlement With HIPAA Compliance...

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New York Attorney General Eric Schneiderman has been in hot pursuit of organizations in his state that fail to maintain the security and privacy of personal information. On March 6, 2018, the Attorney General’s office...more

McGuireWoods LLP

Federal Enforcement Isn’t the Only HIPAA Concern—States Flex Their Muscles

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Despite the lack of significant settlements for HIPAA enforcement by the federal Office of Civil Rights (OCR) so far in 2018, states have not hesitated to patrol privacy and security breach activity and take action against...more

Jackson Lewis P.C.

“Your Own Cybersecurity Is Not Enough”: NJ Physician Practice Fined Over $400,000 For Data Breach Caused By Vendor

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Last week, New Jersey Attorney General Gurbir S. Grewal and the New Jersey Division of Consumer Affairs (“Division”) announced that a physician group affiliated with more than 50 South Jersey medical and surgical practices...more

Williams Mullen

HIPAA Check: Do You Know What to Do if a Breach Happens to You?

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Breaches happen. They happen to major health systems, and they happen to solo practitioners. They happen to health plans, and they happen to health information technology vendors. In our technology-reliant world, it would be...more

Akerman LLP - Health Law Rx

New York State Enforces Data Breach Notification Law

Earlier this month, New York Attorney General Eric Schneiderman announced his state had entered into a settlement with CoPilot Provider Support Services, Inc. (CoPilot)—a settlement resulting from CoPilot’s violation of the...more

Morgan Lewis

OCR Begins HIPAA Phase 2 Audits

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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

Fisher Phillips

Protecting Health Plan Information Is More Important Than Ever

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It’s common for employers outside the healthcare industry to believe they can avoid issues brought about by the Health Insurance Portability and Accountability Act (HIPAA) and other health plan data laws. After all, most...more

Holland & Knight LLP

What's New with HIPAA?

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A number of new developments have taken place related to Health Insurance Portability and Accountability Act (HIPAA) privacy and security compliance, and enforcement is increasing. Healthcare providers, health plans and other...more

Patterson Belknap Webb & Tyler LLP

Department of Health and Human Services Cracks Down on Vendor Oversight in Recent Hospital Settlements

From the rise in ransomware attacks to inadvertent disclosure of information by subcontractors, the health services industry is reminded that a potential consequence of a data breach is the threat of a regulatory enforcement...more

Polsinelli

Appeals Court Confirms that HITECH Violations Do Not Violate FCA

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In an important recent decision, the Sixth Circuit Court of Appeals confirmed that a qui tam relator's claim that her former husband improperly accessed electronic protected health information (e-PHI) of her and her relatives...more

Saul Ewing LLP

Sixth Circuit Affirms Dismissal of FCA Claim Based on Health Data Breaches

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The U.S. Court of Appeals for the Sixth Circuit recently affirmed the dismissal of a False Claims Act (FCA) case premised on protected health data breaches. In United States ex rel. Sheldon v. Kettering Health Network, the...more

King & Spalding

HHS OCR Announces Launch Of Long-Awaited Phase 2 HIPAA Audit Program

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On March 21, 2016, the U.S. Department of Health and Human Services (“HHS”) Office for Civil Rights (“OCR”) announced the launch of its Phase 2 HIPAA compliance audits pursuant to which it will audit covered entities and...more

Morgan Lewis

OCR Launches Phase 2 of HIPAA Audits

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Five suggested steps healthcare organizations and their contractors should take to prepare. On March 21, the Office of Civil Rights (OCR) of the Department of Health and Human Services launched Phase 2 of the HIPAA Audit...more

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