News & Analysis as of September 19, 2024

HIPAA Omnibus Rule › HITECH Act

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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

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

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

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

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

HHS Delays NPP Amendment Requirement for Laboratories Regulated Under CLIA

Dickinson Wright on 10/30/2013

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

Cloud Computing: Healthcare Issues in a Digital Age – (Part Two)

Winstead PC on 9/30/2013

Hospitals and health care providers must often look to third party vendors offering cloud computing solutions, but are these companies well-prepared to meet the HIPPA/HITECH Act privacy and security requirements as well as...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

HIPAA Omnibus Rule Compliance Deadline

Wilson Sonsini Goodrich & Rosati on 9/24/2013

September 23, 2013, the deadline for compliance with the new Health Insurance Portability and Accountability Act (HIPAA) regulations, is here. Although there has been much discussion about the new regulations since they were...more

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

Akerman LLP on 9/23/2013

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

Days Before Enforcement Date OCR Issues New Guidance

Holland & Knight LLP on 9/20/2013

Just days before the September 23, 2013 enforcement date for the new HITECH Act Omnibus rules, the Department of Health and Human Services' Office for Civil Rights has published several new guidance tools and documents. On...more

HHS Office of Civil Rights Releases Several Model Notices of Privacy Practices

Baker Donelson on 9/18/2013

The HHS Office of Civil Rights (OCR) recently released several versions of a model Notice of Privacy Practices (NPP) for use by covered entity health plans and health care providers. The notices have been written specifically...more

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

Akerman LLP on 9/17/2013

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

Tick, Tock: Less than 60 Days to Comply with Updated HIPAA/HITECH Rules

Poyner Spruill LLP on 7/26/2013

There are now less than 60 days left for covered entities and business associates to implement provisions set forth in the final omnibus HIPAA/HITECH rules issued by the U.S. Department of Health and Human Services (HHS) in...more

Are Your HIPAA Privacy Policies Up to Date?

Ogletree, Deakins, Nash, Smoak & Stewart,... on 7/22/2013

If you haven’t focused on HIPAA lately, now is the time....more

Employment Law Blog: Regzilla Stomps Another One! - Idaho State University and the Compliance Gap Analysis

Dentons on 6/19/2013

Presumably at this point HIPAA, HITECH and the Omnibus Regulation have been published, digested and everyone is in full compliance with the requirements that have been set forth....more

HIPAA Enforcement: Unleashing The Dogs

The Volkov Law Group on 5/21/2013

Prosecutors are a fun bunch and they love their jobs and their mission – to prosecute law-breakers for violating the law. ...more

Rx for HIPAA Compliance

Mintz - Privacy & Cybersecurity Viewpoints on 5/20/2013

Weighing in at half the length of Tolstoy’s legendary tome War and Peace, it is no surprise that the thought of the impending deadline for compliance with the 538-page HIPAA Omnibus Rule has left many small clinical...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

HIPAA/HITECH Final Rule - Assessing Your Organization's Compliance Readiness

BakerHostetler on 4/12/2013

The long awaited HIPAA/HITECH Final Rule became effective March 26, 2013, but covered entities, business associates and subcontractors will have until September 23, 2013, to fully comply. ...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

Scripts - April 2013

Poyner Spruill LLP on 4/8/2013

In This Issue: - Key Provisions In the Final Omnibus HIPAA/HITECH Rules and What They Mean for You - NLRB and EEOC May Target Employer Efforts to Keep Employees Quiet During Internal Investigations -...more

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

K&L Gates LLP on 4/2/2013

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

McAfee & Taft on 3/27/2013

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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HIPAA Omnibus Rule › HITECH Act

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