News & Analysis as of

Electronic Protected Health Information (ePHI) HIPAA Privacy Rule Department of Health and Human Services (HHS)

Quarles & Brady LLP

HIPAA Reproductive Health Care Privacy - New Administration Evaluating Its Position

Quarles & Brady LLP on

As the Trump administration stakes dramatically new positions on matters across the federal government, we are waiting to learn its view on the HIPAA Privacy Rule to Support Reproductive Health Care Privacy Final Rule,...more

McCarter & English, LLP

Season of Enforcement: OCR Announces Its Sixth Enforcement Action of 2025

With 2025 barely three weeks old, the US Department of Health and Human Services Office for Civil Rights (OCR) has already announced six enforcement actions for the new year. Particularly significant is the advancement of...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

Jones Day

U.S. District Court Invalidates HHS Guidance Overreading HIPAA's Application to Online Technologies

Jones Day on

On June 20, 2024, a U.S. federal district court held, in a suit brought by Jones Day, that the Department of Health and Human Services ("HHS") had misapplied the Health Insurance Portability and Accountability Act ("HIPAA")...more

Wilson Sonsini Goodrich & Rosati

OCR at HHS Updates Guidance on Use of Online Tracking Technology by HIPAA-Regulated Entities

On March 18, 2024, the Office for Civil Rights (OCR) at the U.S. Department of Health and Human Services (HHS) updated its guidance on the use of online tracking technology by covered entities regulated by the Health...more

Keating Muething & Klekamp PLL

Benefits Monthly Minute - December 2023

Happy Holidays! The December Monthly Minute includes a fiduciary checkup reminder and a look at HHS’ recent settlement stemming from a phishing attack that impacted ePHI of nearly 35,000 individuals....more

Health Care Compliance Association (HCCA)

Dramatic Portrayal of Care During Early COVID-19 Costs Hospital $80K; OCR: No Prior Authorization

Report on Patient Privacy 23, no. 12 (December, 2023) Spring 2020 was a terrifying period in the annals of COVID-19, and New York was at the epicenter. COVID-19 cases, and deaths, already the highest in the nation, were...more

McDermott Will & Emery

Digital Health 101: OCR Issues Resources to Educate Patients on Telehealth, PHI

McDermott Will & Emery on

On October 18, 2023, the Office for Civil Rights (OCR) of the US Department of Health and Human Services (HHS) issued two resource documents to help explain the privacy and security risks to patients’ protected health...more

Spilman Thomas & Battle, PLLC

OCR and HIPAA Compliance – The Next Step

Recently, lawsuits have been filed against Duke and WakeMed regarding their use of Meta’s Meta Pixel tracking product and the alleged improper disclosure of patients’ protected health information (“PHI”). The U.S. Department...more

McDermott Will & Emery

Major Changes Proposed to Substance Use Disorder Confidentiality Law

McDermott Will & Emery on

In a Notice of Proposed Rulemaking published December 2, 2022 (the Proposed Rule), the United States Department of Health and Human Services (HHS) proposed long-awaited changes to the regulations protecting the...more

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

HHS Office for Civil Rights Issues Bulletin on Requirements under HIPAA for Online Tracking Technologies to Protect the Privacy...

On December 1, 2022, the Office for Civil Rights (OCR) at the U.S. Department of Health and Human Services issued a bulletin to highlight the obligations of Health Insurance Portability and Accountability Act of 1996 (HIPAA)...more

BakerHostetler

2022 DSIR Report Deeper Dive: OCR’s Right of Access Initiative

BakerHostetler on

​​​​​​​In 2019, the U.S. Department of Health & Human Services, Office for Civil Rights (OCR) announced its Right of Access Initiative, promising to prioritize patients’ rights to receive timely copies of their medical...more

Health Care Compliance Association (HCCA)

2016 Breach Costs OK State Medical Center $875K; System Initially Missed Vulnerability

Report on Patient Privacy 22, no. 8 (August, 2022) - Oklahoma State University Center for Health Sciences’ (OSUCHS) breach might not have seemed all that serious at the time: No data is believed to have been misused,...more

White and Williams LLP

Information Blocking: What Providers And Programmers Need To Know

White and Williams LLP on

Federal enforcement of the 21st Century Cures Act’s (the Cures Act) prohibitions on improper blocking of electronic health information is ramping up. The Cures Act already targets technology developers and health information...more

McAfee & Taft

COVID vaccines: When is an employee’s vaccination status HIPAA-protected?

McAfee & Taft on

Whether an employee’s vaccination status is protected by HIPAA has been (or should be) on the minds of all human resources personnel as of late. This is especially true in the wake of the U.S. Department of Labor’s...more

Miles & Stockbridge P.C.

Understanding HIPAA Compliance Can Help Protect Health Care Providers Too

It’s no secret that the Health Insurance Portability and Accountability Act of 1996 (HIPAA) exists to protect the privacy of patients and their sensitive health information. However, understanding the importance of HIPAA...more

Jackson Lewis P.C.

Information Blocking And HIPAA’s Right To Access: Compliance Burdens For Healthcare Providers

Jackson Lewis P.C. on

Since the Health Insurance Portability and Accountability Act of 1996 (HIPAA) Privacy Rule became effective in 2003, it generally required covered entities to provide patients timely access to their medical records. Of...more

Kaufman & Canoles

Healthcare Client Alert – July 2021

Kaufman & Canoles on

OCR Cracks Down on Healthcare Providers in Right to Access Initiative - “For too long, healthcare providers have slow-walked their duty to provide patients their medical records out of a sleepy bureaucratic inertia. We...more

Holland & Hart LLP

Cybersecurity and HIPAA: Government Issues New Warning and Guidance in Wake of Increased Threats

Holland & Hart LLP on

The U.S. Department of Health and Human Service’s Office for Civil Rights in Action (OCR) issued a warning that cybercriminals are attempting to exploit a critical vulnerability in VMware software. This alert originates from...more

Health Care Compliance Association (HCCA)

OCR Investigator: Goal Is to Uncover ‘Root Cause,’ Remedy Harm From Violations

Report on Patient Privacy 21, no. 5 (May 2021) - Given the hundreds of thousands of HIPAA covered entities (CEs) and business associates (BAs) and the two dozen or so enforcement actions the HHS Office for Civil Rights...more

Woods Rogers

Patient’s Right to Access Medical Records: HHS-OCR Targets Healthcare Providers Large and Small

Woods Rogers on

Elizabeth Barry Heddleston Associate Now is a great time for healthcare providers to assess their compliance with HIPAA’s right of access requirements. Not only is this a hot area of enforcement, patients’ rights to access...more

Hogan Lovells

Fifth Circuit Vacates $4.3M Penalty Against MD Anderson Related to Data Losses - Challenge to Civil Money Penalties Imposed by HHS...

Hogan Lovells on

There has been a significant development in the ongoing debate regarding the scope of the authority of the Department of Health and Human Services (“HHS”) Office for Civil Rights (“OCR”) to issue penalties under the Health...more

Akin Gump Strauss Hauer & Feld LLP

Pending Proposed Rule Would Make Far-Reaching Changes to HIPAA Privacy Regime

Today, the far-reaching HIPAA Privacy Proposed Rule, initially released on December 10, 2020, was posted for public inspection on the Federal Register website. The rule is scheduled to be published in the Federal Register on...more

Foley & Lardner LLP

Key Findings & Takeaways from OCR HIPAA Audit Findings

Foley & Lardner LLP on

The Office of Civil Rights (OCR) at the U.S. Department of Health and Human Services recently published its findings from audits conducted in 2016 and 2017 of covered entities’ and business associates’ compliance with...more

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