News & Analysis as of

Electronic Medical Records HITECH Act Department of Health and Human Services (HHS)

Holland & Knight LLP

HHS Is Primed to Enforce Information Blocking Conduct

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The U.S. Department of Health and Human Services (HHS) continued its commitment to timely and full access to health records on June 24, 2024, through the finalization of its information blocking disincentives rule for...more

Troutman Pepper

Final Rule Aligns 42 CFR Part 2 with HIPAA and HITECH

Troutman Pepper on

On February 8, 2024, the Department of Health and Human Services (HHS) posted a final rule that aims to align 42 CFR Part 2 (Part 2) — which protects certain substance abuse disorder (SUD) records — with the Health Insurance...more

Association of Certified E-Discovery...

[Virtual Event] Electronic Medical Records: Pain Points & Practice - December 3rd, 12:00 pm - 1:00 pm EST

The discovery of Electronic Medical Records, along with their associated audit logs, is one the most common tasks in a wide range of litigation matters, yet this discovery remains problematic and difficult. Numerous statutory...more

Epstein Becker & Green

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

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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

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

Hogan Lovells

HIPAA Penalty Caps to Be Reduced and Tied to Culpability Level

Hogan Lovells on

In a dramatic turn, the US Department of Health and Human Services (HHS) has announced that effective immediately, penalties for many HIPAA violations will be subject to substantially reduced limits. ...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

Foley & Lardner LLP

Obama-Era Administrative Overreach and its Multi-Billion Dollar Adverse Impact on the U.S. Health Care System - Fact Sheet &...

Foley & Lardner LLP on

The Trump Administration has prioritized the elimination of overreaching regulations: In FY 2017, the Trump Administration reduced lifetime net regulatory costs across all agencies by $8.1 billion ($570 million per year)....more

Chambliss, Bahner & Stophel, P.C.

HIPAA Changes May Be on the Way

Since the major HIPAA overhaul implemented in 2013, there have been few changes to HIPAA privacy, security, and breach notification regulations. However, several HIPAA regulatory changes may now be on the way...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

Stinson LLP

HHS Publishes New Guidance on HIPAA and Cloud Computing

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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

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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

Mintz - Health Care Viewpoints

MACRA’s Advancement of EHR Interoperability and Telehealth

This is the fourth and final post in our series on the Medicare Access and CHIP Reauthorization Act (MACRA). Pub.L. No. 114-10. We’ve previously covered the repeal of the Sustainable Growth Rate (SGR) in our April 20th post,...more

Bradley Arant Boult Cummings LLP

Privacy and Security Alert: January 9th, 2014

On December 5, 2013, the Office of Inspector General (OIG) reported on the Office for Civil Rights’ (OCR) compliance as of May 2011 with oversight and enforcement of the Security Rule and compliance with federal cybersecurity...more

Saul Ewing LLP

Medical practice agrees to payment due to HIPAA data breach

Saul Ewing LLP on

One day after Christmas, the U.S. Department of Health and Human Services (HHS) Office of Civil Rights (OCR) announced that a Massachusetts-based dermatology practice (Practice) agreed to a $150,000 payment and entered into a...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

Troutman Pepper

The Omnibus Final HIPAA Rule Is Here

Troutman Pepper on

On January 17, 2013, the Office of Civil Rights of the U.S. Department of Health and Human Services (HHS) announced the omnibus final rulemaking (Omnibus Rule). According to HHS, this Omnibus Rule is needed to strengthen...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

Morgan Lewis

Final Rules Under HIPAA/HITECH Impact Employer Plans

Morgan Lewis on

Modifications to the rules require action by group health plan sponsors and their vendors, including revisions to policies and procedures and new privacy notices. On January 17, the Office for Civil Rights of the U.S....more

Manatt, Phelps & Phillips, LLP

HIPAA Omnibus Rule Reshapes Landscape for Health Care Privacy, Security Compliance

Originally published in Health IT Law & Industry Report, on January 23, 2013. On Jan. 17, 2013, the Office for Civil Rights of the U.S. Department of Health and Human Services (‘‘HHS’’) issued a long-awaited omnibus rule...more

BakerHostetler

OCR'S Breach Settlement: The First Ever Involving Less Than 500 Patients

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The HHS Office for Civil Rights (OCR) started 2013 with a bang by announcing that it had reached "the first settlement involving a breach of unprotected electronic protected health information (ePHI) affecting fewer than 500...more

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