News & Analysis as of

Electronic Protected Health Information (ePHI) HITECH Act

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

Paul Hastings LLP

HHS OCR Releases Proposed Updates to HIPAA Security Rule

Paul Hastings LLP on

On December 27, 2024, the U.S. Department of Health and Human Services (HHS), through the Office for Civil Rights (OCR), announced a Notice of Proposed Rulemaking (NPRM) to amend the Security Standards for the Protection of...more

Jackson Lewis P.C.

OCR Proposed Tighter Security Rules for HIPAA Regulated Entities, including Business Associates and Group Health Plans

Jackson Lewis P.C. on

As the healthcare sector continues to be a top target for cyber criminals, the Office for Civil Rights (OCR) issued proposed updates to the HIPAA Security Rule (scheduled to be published in the Federal Register January 6). It...more

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

HHS Office for Civil Rights Proposes Measures to Strengthen Cybersecurity in Health Care Under HIPAA

The Department of Health and Human Services (HHS) has proposed significant modifications to the HIPAA Security Rule and the HITECH Act in an attempt to strengthen cybersecurity protections for electronic protected health...more

Benesch

Annual Report to Congress on Breaches of Unsecured Protected Health Information

Benesch on

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

Holland & Knight LLP

Substance Use Disorder Confidentiality Regulations Modified to Align with HIPAA

Holland & Knight LLP on

After more than a year since the U.S. Department of Health and Human Services' (HHS) Office for Civil Rights (OCR) and Substance Abuse and Mental Health Services Administration (SAMHSA) issued the proposed changes to the...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

Goodwin

The Potential Impact of State Abortion Laws on Reproductive Health Apps

Goodwin on

Millions of women use reproductive health applications (or “apps”) to track menstrual cycles, ovulation, and pregnancy. These apps provide women that use the rhythm method for birth control and women seeking to become...more

Akerman LLP - Health Law Rx

Must Watch Summer Viewing Coming Soon: OCR’s Upcoming Video Presentation on the HITECH Act’s Recognized Security Practices

The U.S. Department of Health and Human Services (HHS) Office for Civil Rights (OCR) announced June 10, 2022 that it is producing a video presentation on “recognized security practices” as set forth in the recent amendment of...more

Arnall Golden Gregory LLP

Recent OCR HIPAA Enforcement Actions and Request for Information on HITECH Implementation

Enforcement Actions - In its first announcement of enforcement actions in 2022, the U.S. Department of Health and Human Services (“HHS”) Office for Civil Rights (“OCR”) simultaneously announced the resolution of three...more

Wyrick Robbins Yates & Ponton LLP

Any Port in a Storm? OCR Seeks Comments on HIPAA “Safe Harbor” for Recognized Security Practices

Earlier this month, HHS’s Office for Civil Rights (OCR) issued a Request for Information (RFI) seeking comments on a statutory provision adopted last year that provides a quasi-safe harbor for entities that have voluntarily...more

Baker Donelson

Trusted Exchange Framework and the Common Agreement

Baker Donelson on

Data sharing and interoperability have been key objectives for health care providers, health plans and other industry participants for several years, and the U.S. Department of Health and Human Services' (HHS) Office of the...more

King & Spalding

Athenahealth Agrees to Pay $18.25 Million to Resolve Allegations of FCA Violations

King & Spalding on

On Thursday, January 28, 2021, the DOJ announced that electronic health record (EHR) vendor athenahealth, Inc. (Athenahealth) agreed to pay $18.25 million to resolve allegations that it violated the False Claims Act (FCA). ...more

Sheppard Mullin Richter & Hampton LLP

What Does the Fifth Circuit’s Vacating of HHS HIPAA Fines Mean for Companies This Year?

Will HHS’ approach for imposing penalties in the aftermath of a data breach become a little clearer in 2021? This is a distinct possibility in the wake of a Fifth Circuit decision vacating penalties against MD Anderson Cancer...more

White and Williams LLP

Recent Case Impacts HIPAA and HITECH Act Penalties

The U.S. Department of Health and Human Services (HHS) enforces the privacy and security provisions of the Health Insurance Portability and Accountability Act (HIPAA) and the Health Information Technology for Economic and...more

Foley & Lardner LLP

Appeals Court Vacates HIPAA Penalty Imposed Against M.D. Anderson

Foley & Lardner LLP on

On January 14, 2021, the U.S. Court of Appeals for the Fifth Circuit vacated the civil monetary penalty (CMP) imposed by the Department of Health and Human Services (HHS) against the University of Texas M.D. Anderson Cancer...more

BakerHostetler

Court Finds HHS Had No Lawful Basis Under HIPAA for a $4.3 Million Civil Money Penalty: What Does This Mean for Future HHS...

BakerHostetler on

The United States Court of Appeals for the Fifth Circuit recently found that the United States Department of Health and Human Services (HHS) lacked a lawful basis for a $4.3 million civil money penalty order that it issued to...more

WilmerHale

Congress Passes Bill to Mitigate Penalties for Potential HIPAA Violations

WilmerHale on

On December 19, the Senate passed H.R.7898, which the House of Representatives had previously passed on December 9. This law amends the Health Information Technology for Economic and Clinical Health (HITECH) Act to require...more

Butler Snow LLP

Privacy Versus Pandemic: Must HIPAA Yield to a Public Health Emergency?

Butler Snow LLP on

The worldwide COVID-19 pandemic visited on America in the past several months has quickly reinvigorated the foundational and important debate concerning where, in a free society, individual autonomy ends (or should end) and...more

Holland & Hart - Health Law Blog

Modified HIPAA Rules for Sending Records to Third Parties

Thanks to a federal judge, the Office for Civil Rights has modified its rules for sending records to third parties. Covered entities are no longer required by HIPAA to send non-electronic protected health information (“PHI”)...more

Baker Donelson

District Court Ruling Impacts HIPAA Access Request Permissible Charges

Baker Donelson on

On January 23, 2020, the United States District Court for the District of Columbia declared sections of the 2013 Omnibus Rule unlawful. The Court found that the Department of Health and Human Services (HHS) impermissibly...more

Sheppard Mullin Richter & Hampton LLP

2019 Year in Review: Notable Changes in Law, Policy, and Enforcement of HIPAA

According to a December 20, 2019 Report by HIPAA Journal, nearly 39 million health care data breaches had been reported to the U.S. Department of Health and Human Services (“DHHS”), Office of Civil Rights (“OCR”) by the end...more

WilmerHale

Some Reminders on How HIPAA Works

WilmerHale on

The HIPAA privacy rules have been in the news a lot lately. That’s good, but not when it’s for the wrong reasons or based on a misunderstanding of the rules....more

Holland & Hart - Health Law Blog

Encrypt Your Devices or Face HIPAA Penalties

This week, the Office for Civil Rights (“OCR”) announced a $3,000,000 HIPAA settlement arising from a medical center’s loss of an unencrypted laptop and flash drive. This is simply the latest of many HIPAA settlements based...more

Jones Day

HHS Releases Guidance on Direct Liability for Business Associates Under HIPAA

Jones Day on

The Situation: On May 24, 2019, the Department of Health and Human Services ("HHS") issued a new fact sheet clarifying business associates' direct liability for violations of the Health Insurance Portability and...more

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