News & Analysis as of September 25, 2024

HIPAA Omnibus Rule

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The HIPAA Omnibus Rule is a final rule issued by the U.S. Department of Health and Human Services on January 17, 2013. The Rule aims to strengthen existing privacy protections within the Health Insurance Portability and Accountability Act of 1996 (HIPAA), improve the government's ability to enforce those protections, and give individuals greater access to their health information. One of the most significant changes associated with the Rule is the application of HIPAA's requirements to business associates of health care providers and health care claim processors. HHS broadened HIPAA's application to these groups after several large breaches were tied to business associates. less -

The Biggest Changes in HIPAA/HITECH Omnibus Rule & Recommended Action Steps—Ted Kobus

State Drug Price Transparency Reporting Legislative Update: Florida Joins the Bandwagon and Minnesota Adds Onerous New...

Morgan Lewis on 6/22/2023

As their 2023 sessions draw to a close, mostly part-time state legislatures have continued their efforts throughout the spring to promote drug price transparency across the prescription drug supply chain. Notable among these...more

HIPAA, Business Associates, and the Conduit Exception

Holland & Hart - Health Law Blog on 4/15/2021

The HIPAA privacy and security rules impose significant requirements on covered entities and their business associates; violations may result in penalties ranging from $119 to $59,522 per violation. (45 CFR § 160.404; 45 CFR...more

The Federal Advisor - January 2021

Shumaker, Loop & Kendrick, LLP on 1/18/2021

Derek Harley published a monthly federal policy and political update, a high-level review of the issues being discussed in the U.S. Congress and the Administration, providing a look at the month ahead, as well as a "deeper...more

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

Epstein Becker & Green on 2/12/2020

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

Modified HIPAA Rules for Sending Records to Third Parties

Holland & Hart - Health Law Blog on 2/10/2020

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

District Court Ruling Impacts HIPAA Access Request Permissible Charges

Baker Donelson on 2/5/2020

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

Federal Court Invalidates 2013 HIPAA Omnibus Rule Regulations and HHS Guidance on Fees for Copies of Medical Records

BakerHostetler on 2/3/2020

In what is being seen as a strong rebuke to years of regulatory overreach, the United States District Court for the District of Columbia entered an order on January 23, 2020 that invalidates provisions of the 2013 Omnibus...more

OCR Comments on Recent Ciox Case Vacating Certain Omnibus Rule Regulations and Guidance Relating to Fees for Providing Patient...

Robinson+Cole Health Law Diagnosis on 1/30/2020

The HHS Office for Civil Rights (OCR) issued an Important Notice Regarding Individuals’ Right of Access to Health Records through its email list serve on January 29, 2020. In the Notice, OCR addressed the recent memorandum...more

Understanding When Business Associates Are Directly Liable Under HIPAA

Miller Canfield on 6/4/2019

New guidance issued by the U.S. Department of Health & Human Services (HHS) Office for Civil Rights (OCR) reaffirms that business associates must have proper HIPAA compliance practices, safeguards and documentation in place...more

Answering the BIG Question: Did Marks Just Ruin the FCC’s TCPA Reform Efforts?

Womble Bond Dickinson on 9/24/2018

It has been an interesting time in TCPAland since ACA Int’l was decided in March. We’ve seen a number of decisions going different ways with respect to the continued viability of the 2003 and 2008 Predictive Dialer rulings....more

Sick of Waiting: Health Care Companies Urge FCC to Rule on Their July 2016 Petition Seeking Clarification on the TCPA Related to...

Womble Bond Dickinson on 8/29/2018

Last Friday, a group of Health Care Companies issued a letter to the FCC requesting it to respond to their petition filed back in July 2016, which asked the FCC to clarify that the use of a health plan member’s telephone...more

Healthcare: What’s in the 2018 Omnibus Appropriations Law?

Morgan Lewis on 3/30/2018

The recently passed omnibus appropriations bill includes extensive funding, often at higher amounts than in fiscal year 2017, for many US healthcare agencies as well as new dollars to address the opioid crisis. Marking the...more

Minimizing Liability For Business Associate Misconduct

Holland & Hart LLP on 3/12/2018

Healthcare providers, health plans and healthcare clearinghouses (“covered entities”) and business associates are subject to significant penalties for violations of the HIPAA Privacy, Security and Breach Notification Rules....more

Patience is Waning: Courts Start Reversing Themselves on TCPA Stays as Delay on Omnibus Ruling Continues

Dorsey & Whitney LLP on 2/13/2018

It has been 15 months since oral argument in the ACA’s appeal of the FCC’s 2015 Omnibus, and courts are starting to lose patience waiting for a decision by the D.C. Circuit. Last week, two district courts in California...more

HIPAA Breach? Notify Promptly or Face Significant Potential Fines from HHS OCR

Arnall Golden Gregory LLP on 1/24/2017

On January 9, 2017, the Department of Health and Human Services Office of Civil Rights (HHS OCR), which enforces the privacy requirements contained in Health Insurance Portability and Accountability Act (HIPAA), announced a...more

Recent Trends in HIPAA Liability

Dickinson Wright on 9/26/2014

Since the passage of the 2013 HIPAA Omnibus Rule, there has been a substantial increase in HIPAA enforcement actions brought by the Department of Health and Human Services, including an increase in so-called “high-impact...more

Transitional Compliance Period for Business Associate Agreements Expiring September 23, 2014

Foley & Lardner LLP on 9/23/2014

If they have not already done so, covered entities and business associates have until September 23, 2014, to update their business associate agreements to comply with the January 2013 changes to the Health Insurance...more

Looming HIPAA Deadline: Update Business Associate Agreements by Monday, September 22, 2014

Davis Wright Tremaine LLP on 9/23/2014

Business associate agreements that have not already been updated as required by the HIPAA Omnibus Rule should be updated by September 22, 2014. The Omnibus Rule changed and added mandatory language for valid business...more

Healthcare Legal News: Volume 4, Number 3 - Special Issue: HIPAA Update

Dickinson Wright on 9/17/2014

Recent Trends in HIPAA Liability - Since the passage of the 2013 HIPAA Omnibus Rule, there has been a substantial increase in HIPAA enforcement actions brought by the Department of Health and Human Services, including...more

HIPAA Omnibus Rule Deadline for BAAs Approaches

Cooley LLP on 9/4/2014

The Final HIPAA Omnibus Rule (the “Omnibus Rule”), published in the Federal Register on January 25, 2013, made various important changes to how entities must comply with privacy and security requirements. While most...more

Business Associate Agreements May Require Amendment

FordHarrison on 9/4/2014

The Omnibus Final Rule (the "Omnibus Rule") under the Health Insurance Portability and Accountability Act of 1996 ("HIPAA"), was issued in January, 2013 effective March 26, 2013, but with a general compliance deadline of...more

Don’t Put Off That New HIPAA Business Associate Agreement: September 23, 2014 Deadline Looms

Foley Hoag LLP - Security, Privacy and the... on 8/28/2014

It’s been a while, but we have another HIPAA deadline just around the corner: September 23, 2014. September 23, 2014 is the date by which all HIPAA business associate agreements need to be in compliance with the...more

Foundations in HIPAA - Building Blocks of Health Law

Baker Donelson on 2/3/2014

Recent enforcement actions and the new Omnibus Rule implementing several HITECH obligations highlighted the need for a new look at HIPAA obligations for covered entities and now business associates. HITECH not only raised the...more

H.H.S. Proposed Rule Affects HIPAA Privacy Rule And Background Check Reporting

Tucker Arensberg, P.C. on 1/23/2014

The Department of Health and Human Services (HHS) has released a proposed rule that would modify the Health Insurance Portability and Accountability Act (HIPAA) Privacy Rule by allowing health care providers to make certain...more

How To Catch-Up in a Revised HIPAA World

Smith Anderson on 1/6/2014

The HIPAA final omnibus rule (Omnibus Rule) made sweeping changes to the HIPAA Privacy, Security, Breach Notification and Enforcement Rules earlier this year. Although the compliance deadline of September 23, 2013 has come...more

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HIPAA Omnibus Rule

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