News & Analysis as of

Electronic Medical Records HITECH Act Covered Entities

Epstein Becker & Green

HHS Addresses Federal Court Invalidation of Certain Provisions of the HIPAA rule Relating to the Third-Party Requests for Patient...

Epstein Becker & Green on

On January 28, 2020, the Department of Health & Human Services (“HHS”) Office for Civil Rights (“OCR”) addressed a federal court’s January 23rd invalidation of certain provisions of the Health Insurance Portability and...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

Foley & Lardner LLP

$22 Billion Administrative Overreach

Foley & Lardner LLP on

A mind-boggling example of administrative overreach, i.e. HHS’s issuance of overreaching regulations (in 2013) and sub-regulatory Guidance (in 2016), which impose a $22 billion lifetime regulatory cost ($1.52 billion per year...more

Ballard Spahr LLP

HIPAA Enforcement: Where’s the Action?

Ballard Spahr LLP on

Imagine a breach in the privacy of protected health information.  The violation of an individual’s HIPAA rights may be clear, but the individual cannot sue under HIPAA.  Courts have consistently held that HIPAA provides no...more

Holland & Knight LLP

A New HIPAA Accounting Rule on the Horizon?

Holland & Knight LLP on

Under HIPAA, patients have a right to information about certain disclosures, referred to as an accounting. Under the current iteration of the regulations, covered entities and business associates need not account for...more

Jackson Lewis P.C.

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

Jackson Lewis P.C. on

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

Stinson LLP

HHS Publishes New Guidance on HIPAA and Cloud Computing

Stinson LLP on

The U.S. Department of Health and Human Services Office for Civil Rights (OCR) has issued a new guidance regarding HIPAA compliance and the use of cloud computing solutions. The guidance is intended to assist covered entities...more

King & Spalding

OIG Reports Insufficient Oversight Of HIPAA Compliance

King & Spalding on

The HHS Office for Civil Rights (OCR) must improve its oversight and enforcement of patient information privacy and security rules by “covered entities” and their business associates under the Health Information Portability...more

Orrick, Herrington & Sutcliffe LLP

Don't Wait for It; Recent HIPAA Enforcement Action Signal More to Come in Phase 2 Audits

Officials at the U.S. Department of Health and Human Services Office of Civil Rights (HHS OCR) have recently selected a vendor to conduct the second wave of HIPAA audits. These so-called "Phase 2 Audits" are set to commence...more

BakerHostetler

Deeper Dive: Healthcare Incidents Involving More Than 500 Individuals Are Investigated 100 Percent of the Time

BakerHostetler on

We have released the inaugural BakerHostetler Data Security Incident Response Report, which provides insights generated from the review of more than 200 incidents that our attorneys advised on in 2014. The report confirms the...more

McDermott Will & Emery

OCR Transmits Pre-Audit Screening Surveys to Covered Entities for Phase 2 HIPAA Compliance Audits

The U.S. Department of Health and Human Services, Office for Civil Rights (OCR) recently transmitted HIPAA pre-audit screening surveys to covered entities that may be selected for a second phase of HIPAA compliance audits...more

Foley Hoag LLP - Security, Privacy and the...

HIPAA Compliant Technology and the Importance of Encryption

We welcome this guest blog by Gene Fry, Compliance Officer, Scrypt, Inc. The Health Insurance Portability and Accountability Act (HIPAA) sets the standard for protecting sensitive patient data. This means that any...more

BakerHostetler

HHS Closes Out 2013 with 6th Resolution Agreement

BakerHostetler on

Throughout 2013, HHS OCR has stated that covered entities of all sizes need to give priority to securing ePHI. In addition, HHS OCR has recommended that covered entities identify and mitigate risks before an incident occurs....more

Polsinelli

Breaking Down The HIPAA Rule Changes: Part 5 Of 5 - Changes To Patients' Rights Under The Final Rule

Polsinelli on

In This Issue: - Right to Access Protected Health Information - Restrictions on Health Plan Disclosures - Guidance on How to Comply With the Expanded Patient Rights ..Evaluate Electronic Systems ..Revise...more

Katten Muchin Rosenman LLP

Final HIPAA Rule Has Sweeping Impact on Covered Entities and Business Associates

On January 25, 2013, the Department of Health and Human Services (HHS) published the highly anticipated Health Insurance Portability and Accountability Act (HIPAA) Omnibus Final Rule (the “Final Rule”). The Final Rule...more

Mintz - Health Care Viewpoints

OCR Releases Sample Business Associate Agreement Provisions

The Department of Health and Human Services, Office for Civil Rights (OCR) has posted on its website sample business associate agreement provisions to help covered entities and business associates comply with the new business...more

BakerHostetler

Be Prepared: Redline Version of the HIPAA/HITECH Final Rule

BakerHostetler on

The final rule is significant for any organization that is considered to be a HIPAA covered entity (“CE”) (health systems, health care providers, health plans, etc.) or the more broadly defined business associate (“BA”)....more

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