News & Analysis as of September 20, 2024

Department of Health and Human Services (HHS)

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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

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

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

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

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

Hearing to Address HIPAA Accounting of Disclosures

Mintz - Health Care Viewpoints on 9/26/2013

The HHS Office of Civil Rights (OCR) announced that the Health Information Technology (HIT) Policy Committee’s Privacy and Security Tiger Team will hold a virtual, public hearing on Monday, September 30 from 11:45 a.m. to...more

3 Weeks Left: Is Your Business Ready for HIPAA Compliance?

Spilman Thomas & Battle, PLLC on 9/6/2013

The September 23, 2013 deadline for covered entities, business associates and their subcontractors to implement the new HIPAA rules is approaching quickly. In case you missed it, on January 25, 2013, the U.S. Department of...more

HIPAA Omnibus Rule Compliance: Is Your Practice Ready?

Tucker Arensberg, P.C. on 8/12/2013

On January 17, 2013, the United States Department of Health and Human Services released a Final Rule, commonly known as the “HIPAA Omnibus Rule,” which included significant changes to the HIPAA compliance requirements for...more

Business Associate Agreements: More Readily Accepted by Cloud Service Providers? Maybe

BakerHostetler on 6/21/2013

Although the HIPAA Omnibus Final Rule's expansion of business associate liability could create difficulties for healthcare providers and other covered entities seeking to negotiate business associate agreements with vendors...more

Cloud Storage Providers Storing Protected Health Information May Be Obligated to Comply with HIPAA Regulations

Wilson Sonsini Goodrich & Rosati on 4/17/2013

A recently issued government rule may unknowingly create significant liability and legal risk for many technology enterprises. The expanded definition of "business associates" and related interpretations by the Department of...more

The HIPAA/HITECH Final Rule has arrived!

Sands Anderson PC on 4/9/2013

If you are a health care provider and/or someone who routinely performs work involving patient health information on behalf of a health care provider, you likely need to know about the HIPAA/HITECH Final Rule....more

Newly Effective HIPAA Omnibus Rule Makes Sweeping Changes to HIPAA

Smith Anderson on 4/5/2013

The long-awaited final omnibus rule (Omnibus Rule) that modifies the Health Insurance Portability and Accountability Act of 1996 (HIPAA) [1] took effect last week, on March 26, 2013. Leon Rodriguez, Director of the U.S....more

Burr Alert: Employer Obligations Under New HIPAA Rules

Burr & Forman on 3/26/2013

With all of the attention garnered by healthcare reform, it would be easy to overlook the new HIPAA rules (the "Rules") applicable to covered entities under HIPAA, which include employer group health plans. Compliance with...more

What We Need to Do to Comply with the Final HIPAA Rule: A Summary of the Privacy Obligations for Health Care Providers, Health...

Winstead PC on 3/19/2013

On January 25, 2013, the U.S. Department of Health and Human Services (HHS) published the highly anticipated Omnibus Rule, which makes extensive changes (as promulgated by the Health Information Technology for Economic and...more

Don't Get Pinched by New HHS PHI Rules

Baker Donelson on 3/11/2013

HHS has released its much-anticipated final omnibus rule about protected health information. The rule addresses privacy and security issues, including defining a business associate and expanding individuals' rights to...more

Highlights of the Omnibus HIPAA/HITECH Final Rule

Cozen O'Connor on 3/7/2013

On January 25, 2013, the Office of Civil Rights (OCR) of the Department of Health & Human Services (HHS) published the long-awaited omnibus final regulation governing health data privacy, security and enforcement (Omnibus...more

The HIPAA “Omnibus” Final Rule Part II - Revisions to Business Associate Definition, Liability and Obligations, Certain Individual...

Dickinson Wright on 3/1/2013

The United States Department of Health and Human Services (the “Department” or “HHS”) issued the “Omnibus” Final Rule (the “Final Rule”) on January 17th, 2013. The Final Rule contains long-awaited rules and clarifications...more

Special Edition: Health Law Update - February 28, 2013

BakerHostetler on 3/1/2013

In This Issue: - A Baker's Dozen of Significant Changes From the HIPAA/HITECH Rule 1. Business Associates and Subcontractors 2. Breach Notification 3. Covered Entity Organizational Structures 4. Cloud...more

New HIPAA Omnibus Regulations – What Employers Who Sponsor Group Health Plans Need to Know to Comply

Snell & Wilmer on 2/22/2013

On January 25, 2013, the Department of Health and Human Services (HHS) published final regulations that modify the Privacy, Security, Enforcement and Breach Notification Rules issued pursuant to the Health Insurance...more

The New HIPAA Omnibus Rule & Your Liability — A Detailed Review

Mintz - Privacy & Cybersecurity Viewpoints on 2/18/2013

As we have reported in this blog, the Department of Health and Human Services (HHS) Office for Civil Rights (OCR) recently released final regulations containing modifications to the HIPAA Privacy, Security, Enforcement, and...more

Breaking Down The HIPAA Rule Changes: Part 4 Of 5 - Uses And Disclosures Of PHI Under The Final Rule; Changes Related To...

Polsinelli on 2/13/2013

In This Issue: - Modifications Related to the Use and Disclosure of PHI for Marketing Purposes - Modifications Related to the Use and Disclosure of PHI for Research Purposes ..Compound Authorizations Permitted ...more

Final HIPAA Regulations: What's Changed (and What Hasn't) for Group Health Plans

Bradley Arant Boult Cummings LLP on 2/8/2013

The Office for Civil Rights of the Department of Health and Human Services (“OCR”) has issued final regulations modifying the Health Insurance Portability and Accountability Act (“HIPAA”) Privacy, Security, Breach...more

What Employers That Maintain Group Health Plans Need to Know About the HIPAA Omnibus Regulations

Snell & Wilmer on 2/8/2013

HHS Releases Language for Use in Updating Business Associate Agreements

Katten Muchin Rosenman LLP on 2/7/2013

On January 25, the Department of Health and Human Services (HHS) published its highly anticipated Health Insurance Portability and Accountability Act (HIPAA) Omnibus Final Rule (Final Rule). The Final Rule covers many topics,...more

Breaking Down The HIPAA Rule Changes: Part 2 Of 5 - Changes Affecting Who Is A Business Associate And New Business Associate...

Polsinelli on 2/6/2013

In This Issue: - Expansion of, Clarifications to, and Explicit Inclusions in the Definition of BA - BAs’ Direct Liability Under the Final Rule - BAAs: Required Provisions Under the Final Rule and the Compliance Date ...more

A Detailed Analysis of Changes to HIPAA and the Implications for Healthcare Providers and Others in the Healthcare Industry: HIPAA...

Womble Bond Dickinson on 2/4/2013

Changes to the HIPAA Security Rule Background: The HIPAA Security Rule protects electronic PHI by requiring Covered Entities to implement certain administrative, physical, and technical safeguards surrounding...more

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