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HIPAA Omnibus Rule › Department of Health and Human Services (HHS) › Protected Health Information

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... more +
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 -
Holland & Hart - Health Law Blog

HIPAA, Business Associates, and the Conduit Exception

Holland & Hart - Health Law Blog on

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

Epstein Becker & Green

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

Epstein Becker & Green on

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

Holland & Hart - Health Law Blog

Modified HIPAA Rules for Sending Records to Third Parties

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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

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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

BakerHostetler

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

BakerHostetler on

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

Robinson+Cole Health Law Diagnosis

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

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

Miller Canfield

Understanding When Business Associates Are Directly Liable Under HIPAA

Miller Canfield on

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

Arnall Golden Gregory LLP

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

Arnall Golden Gregory LLP on

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

Dickinson Wright

Recent Trends in HIPAA Liability

Dickinson Wright on

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

Tucker Arensberg, P.C.

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

Tucker Arensberg, P.C. on

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

BakerHostetler

Healthcare Privacy – 2013 Year in Review

BakerHostetler on

On January 25, 2013, the U.S. Department of Health and Human Services (HHS) Office for Civil Rights (OCR) published the long-awaited HIPAA Omnibus Final Rule (Final Rule), which includes the most sweeping changes to HIPAA...more

Dickinson Wright

HHS Delays NPP Amendment Requirement for Laboratories Regulated Under CLIA

Dickinson Wright on

Under the HIPAA Privacy Rule, a Covered Entity is required to revise its notice of privacy practices (“NPP”) where there is a material change to any of its privacy policies. The HIPAA/HITECH Omnibus Final Rule (the “Omnibus...more

BakerHostetler

OCR Releases Model Notices of Privacy Practices

BakerHostetler on

Under the Privacy Rule, an individual has the right to adequate notice of how a covered entity may use and disclose PHI about the individual, as well as his/her rights and the covered entity’s obligations with respect to that...more

Mintz - Health Care Viewpoints

Hearing to Address HIPAA Accounting of Disclosures

Mintz - Health Care Viewpoints on

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

Akerman LLP

It's Never Too Late To Give Guidance: OCR Starts Releasing HIPAA Omnibus Rule Guidance In Anticipation Of September 23 Compliance...

Akerman LLP on

This has been a busy week for the Department of Health and Human Services / Office for Civil Rights (HHS/OCR). It has started releasing guidance on various provisions of the Omnibus HIPAA final rule (the "Final Rule") in...more

King & Spalding

HHS States That It Will Issue Guidance On HIPAA Regulation For Prescription Refill Reminders

King & Spalding on

On September 11, 2013, HHS stated in a joint motion filed in the case of Adheris, Inc. v. Sebelius, No. 1:13-cv-1342 (D.D.C.), that it plans to issue guidance on a HIPAA regulation related to prescription drug refill...more

Akerman LLP

HHS To Revamp Limits On Payments To Pharmacies For Refill Reminder Programs

Akerman LLP on

The HIPAA Privacy Regulations have long required covered entities to seek a patient authorization in order to use or disclose protected health information ("PHI") for marketing purposes. However, the Office for Civil Rights...more

Spilman Thomas & Battle, PLLC

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

Spilman Thomas & Battle, PLLC on

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

BakerHostetler

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

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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

Stinson LLP

Health Care Law Insight: HIPAA Final Omnibus Rule Contains New Requirements For BAAs

Stinson LLP on

On January 25, 2013, the U.S. Department of Health and Human Services (HHS) published the long-awaited HIPAA final omnibus rule (Final Rule)....more

Wilson Sonsini Goodrich & Rosati

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

Wilson Sonsini Goodrich & Rosati on

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

Sands Anderson PC

The HIPAA/HITECH Final Rule has arrived!

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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

Smith Anderson

Newly Effective HIPAA Omnibus Rule Makes Sweeping Changes to HIPAA

Smith Anderson on

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

K&L Gates LLP

HIPAA’S FINAL RULE: Putting Things in Perspective – Comments from OCR

K&L Gates LLP on

On March 22, 2013, Health and Human Services (“HHS”) Office for Civil Rights (“OCR”) Director Leon Rodriguez presented the keynote address to attendees of the American Health Lawyers’ Association HIPAA/HITECH Conference in...more

McAfee & Taft

McAfee & Taft EmployerLINC Employee Benefits Alert: New HIPAA regulations for sponsors of group health plans

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The U.S. Department of Health and Human Services recently released its final regulations – also known as the “Final Rule” or “Omnibus Rule” – modifying the privacy, security, breach notification and enforcement rules...more

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