News & Analysis as of

Electronic Protected Health Information (ePHI) Department of Health and Human Services (HHS) Healthcare

Warner Norcross + Judd

OCR Enforcement Intensifies: Key Takeaways on Risk Analysis and Right of Access

Warner Norcross + Judd on

The Office for Civil Rights (OCR) at the U.S. Department of Health and Human Services has renewed its focus on two critical areas of HIPAA compliance: risk analysis and individual right of access. These enforcement...more

Frost Brown Todd

Proposed HIPAA Security Rule Requires AI Governance

Frost Brown Todd on

In terms of healthcare data breaches, 2024 was the worst year ever, with the records of at least 53% of the U.S. population involved and two of the biggest healthcare data breaches of 2024 ranking in the top 10 of all time. ...more

Dickinson Wright

‘Security! Security!’ HHS Proposes Updates to HIPAA’s Security Rule

Dickinson Wright on

Can you remember healthcare security 20+ years ago? It seems like a different world from now. Believe it or not, the HIPAA Security Rule has barely changed since it was first enacted in 2003 and has been long overdue for a...more

Quarles & Brady LLP

Trump Administration Rescinds HHS Guidance on Privacy of Gender Affirming Care Data

Quarles & Brady LLP on

On February 20, 2025, the U.S. Department of Health and Human Services (“HHS”) took action pursuant to President Trump’s Executive Order 14187 (“EO 14187”), which is aimed at ending gender affirming care for minors. EO 14187...more

Vorys, Sater, Seymour and Pease LLP

Proposed Update to the HIPAA Security Rule

In early January, the U.S. Department of Health and Human Services (HHS) Office for Civil Rights (OCR) published a Notice of Proposed Rulemaking. The Proposed Rule would modify the Security Standards for the Protection of...more

Ballard Spahr LLP

HHS Proposes Significant Updates to HIPAA Security Rule

Ballard Spahr LLP on

On January 6, 2025, the U.S. Department of Health and Human Services (“HHS”) Office for Civil Rights (“OCR”) published a Notice of Proposed Rulemaking (“NPRM”) to amend the Health Insurance Portability and Accountability Act...more

Troutman Pepper Locke

HIPAA Security Rule Revamp Is on the Horizon

Troutman Pepper Locke on

On January 6, the Department of Health and Human Services (HHS) Office for Civil Rights (OCR) published significant proposed amendments (proposed rule) to the Security Rule under the Health Insurance Portability and...more

Foley & Lardner LLP

HHS Proposes Changes to Strengthen HIPAA Security Rule

Foley & Lardner LLP on

Material updates to the HIPAA Security Rule could be on the way — affecting all HIPAA-regulated entities — for the first time in two decades. The Department of Health and Human Services (HHS) issued a Notice of Proposed...more

Shook, Hardy & Bacon L.L.P.

OCR Delivers A Year-End Surprise: A Draft Update of HIPAA's Security Rule

The U.S. Department of Health and Human Services’ Office for Civil Rights (OCR) delivered a late-December surprise: a draft overhaul of the Health Insurance Portability and Accountability Act of 1996’s (HIPAA) Security Rule....more

Quarles & Brady LLP

Fresh From the Oven: OCR-HHS Issues a Notice of Proposed Rulemaking for the HIPAA Security Rule

Quarles & Brady LLP on

‘Tis the season for holiday baking and the elves at the U.S. Department of Health and Human Services (HHS), through its Office for Civil Rights (OCR), have been diligently crafting their own holiday treat. On December 27,...more

Vorys, Sater, Seymour and Pease LLP

Texas Court Enjoins Enforcement of HIPAA Final Privacy Rule Against Individual Doctor and Clinic

On December 22, the day before the 2024 Final HIPAA Privacy Rule (2024 Rule) was set to go into effect, a federal district court in Texas enjoined enforcement of the 2024 Rule against Dr. Carmen Purl and Dr. Purl’s Fast Care...more

Quarles & Brady LLP

Compliance Eve Ends with HIPAA Reproductive Health Privacy Rule Order out of Texas: But is it a Gift or Lump of Coal for Regulated...

Quarles & Brady LLP on

December 23, 2024, was the compliance deadline for HIPAA covered entities and business associates to apply the protections of the HIPAA Privacy Rule to support Reproductive Health Care Privacy Final Rule—that is all covered...more

Arnall Golden Gregory LLP

OCR Announces Risk Analysis Initiative

The U.S. Department of Health and Human Services, Office for Civil Rights (“OCR”), which enforces HIPAA, recently announced a new enforcement initiative, the Risk Analysis Initiative, in conjunction with OCR’s seventh...more

Burr & Forman

Healthcare Provider Disincentives for Information Blocking

Burr & Forman on

On June 31, 2024, the Department of Health and Human Services (“HHS”) published a final rule establishing penalties for healthcare providers who violate the information blocking rules implemented under the 21st Century Cures...more

Health Care Compliance Association (HCCA)

Overlapping surgeries: Time for a compliance checkup?

Overlapping surgeries is a practice that has been used for many years by healthcare providers (such as hospitals and surgical centers). This practice generally refers to situations where one lead attending surgeon is...more

Alston & Bird

Health Care Week in Review: House Committee on Oversight and Accountability Held a Hearing on PBMs; HHS Reorganizes Technology,...

Alston & Bird on

Below is Alston & Bird’s Health Care Week in Review, which provides a synopsis of the latest news in health care regulations, notices, and guidance; federal legislation and congressional committee action; reports, studies,...more

Shutts & Bowen LLP

New Guidelines Anticipated Following HHS’s Health Cybersecurity Concept Paper

Shutts & Bowen LLP on

Updates to the Health Insurance Portability and Accountability Act Security Rule (“HIPAA Security Rule”) are planned for Spring 2024. New guidance from The Department of Health and Human Services (“HHS”) via a recently...more

Burr & Forman

Proposed Penalties for Information Blocking Violations

Burr & Forman on

On October 30, 2023, the Department of Health and Human Services (HHS) released a proposed rule establishing penalties for healthcare providers who violate the information blocking rules implemented under the 21st Century...more

Akerman LLP - Health Law Rx

OCR Will Focus on You if You Don’t Focus on Cybersecurity

With a couple of “firsts,” the U.S. Department of Health and Human Services (HHS) Office for Civil Rights (OCR) is signaling that it is cracking down on healthcare organizations that fail to identify and address cybersecurity...more

Brooks Pierce

Business Associate Victim of Ransomware Attack Pays $100,000 to HHS OCR

Brooks Pierce on

Is your organization a business associate? You could be subject to enforcement action if you fail to protect health information within your control from ransomware attacks. In October, for the first time, the U.S....more

Health Care Compliance Association (HCCA)

Privacy Briefs: November 2023

Report on Patient Privacy 23, no. 11 (November, 2023) The American Hospital Association (AHA) is urging federal lawmakers to intervene with the HHS Office for Civil Rights (OCR) so that hospitals and health systems can...more

Robinson+Cole Health Law Diagnosis

HHS Proposes Disincentives for Providers that Commit Information Blocking

On November 1, 2023, the U.S. Department of Health and Human Services (HHS) published a proposed rule titled “21st Century Cures Act: Establishment of Disincentives for Health Care Providers That Have Committed Information...more

Health Care Compliance Association (HCCA)

Privacy Briefs: October 2023

Report on Patient Privacy 23, no. 10 (October, 2023) Kaiser Foundation Health Plan Inc. and Kaiser Foundation Hospitals will pay California $49 million to resolve allegations that they unlawfully disposed of hazardous waste,...more

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

HHS OCR/ONC Announce Latest Version of Security Risk Assessment Tool

The U.S. Department of Health and Human Services Office for Civil Rights (OCR) and the Office of the National Coordinator for Health Information Technology (ONC) have released version 3.4 of their Security Risk Assessment...more

Health Care Compliance Association (HCCA)

Five Years After ‘a Singular Human Error,’ Two Breach Notices, Revenue Firm Settles With OCR

Five Years After ‘a Singular Human Error,’ Two Breach Notices, Revenue Firm Settles With OCR - As far as settlements for alleged HIPAA violations go, a recent agreement announced by the HHS Office for Civil Rights (OCR)...more

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