News & Analysis as of

Medical Records Electronic Protected Health Information (ePHI) Office of Civil Rights

BakerHostetler

2022 DSIR Report Deeper Dive: OCR’s Right of Access Initiative

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​​​​​​​In 2019, the U.S. Department of Health & Human Services, Office for Civil Rights (OCR) announced its Right of Access Initiative, promising to prioritize patients’ rights to receive timely copies of their medical...more

Health Care Compliance Association (HCCA)

Report on Patient Privacy Volume 22, Number 8. Privacy Briefs: August 2022

Report on Patient Privacy 22, no. 8 (August, 2022) - The Department of Justice (DOJ) seized around $500,000 in Bitcoin ransom paid by two health care organizations in Kansas and Colorado to North Korean ransomware actors...more

Arnall Golden Gregory LLP

The Latest HIPAA Enforcement News From HHS OCR

In recent weeks, the U.S. Department of Health and Human Services (“HHS”) Office for Civil Rights (“OCR”) has announced 12 resolution agreements settling alleged violations of the HIPAA rules. Covered entities and business...more

Robinson+Cole Data Privacy + Security Insider

OCR Settles Eleven More Cases Under Right of Access Initiative

Making quite the statement on July 15, 2022, the Office for Civil Rights (OCR) announced in a press release that it had recently settled an additional 11 cases under its Right to Access Initiative. These settlements bring the...more

Kaufman & Canoles

Healthcare Client Alert – July 2021

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OCR Cracks Down on Healthcare Providers in Right to Access Initiative - “For too long, healthcare providers have slow-walked their duty to provide patients their medical records out of a sleepy bureaucratic inertia. We...more

Morgan Lewis - Health Law Scan

March Fast Break Recap: HIPAA Enforcement Case Analysis – MD Anderson Cancer Center v. OCR

Last month we had an incredibly insightful Fast Break analyzing a significant HIPAA enforcement victory for The University of Texas MD Anderson Cancer Center (MD Anderson) in the US Court of Appeals for the Fifth Circuit. ...more

Robinson+Cole Data Privacy + Security Insider

OCR Settles Two More Right of Access Cases

Continuing its serious march against covered entities not allowing patients access to their records, the Office for Civil Rights (OCR) has settled two more cases in two days in its Right of Access Initiative. This brings the...more

Woods Rogers

Patient’s Right to Access Medical Records: HHS-OCR Targets Healthcare Providers Large and Small

Woods Rogers on

Elizabeth Barry Heddleston Associate Now is a great time for healthcare providers to assess their compliance with HIPAA’s right of access requirements. Not only is this a hot area of enforcement, patients’ rights to access...more

Robinson+Cole Data Privacy + Security Insider

OCR Continues to Enforce Its HIPAA Right of Access Initiative

The Office for Civil Rights (OCR) recently announced another settlement involving investigations under its Right of Access Initiative. This settlement, the sixteenth such agreement under the Initiative (and one of the most...more

Akerman LLP - Health Law Rx

Providers: Help is Here to Avoid HIPAA Right of Access Headaches

The Office of Civil Rights (OCR) continues to take seriously all allegations of violations of the HIPAA right of access to patient medical records. As discussed in a previous blog, the OCR is enforcing patient rights by...more

Bricker Graydon LLP

[Webinar] OCR Enforcement Activity: Recent HIPAA Audits & Right of Access Initiative Settlements - March 4th, 12:00 pm - 1:00 pm...

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Health care technology has seen an incredible amount of change over the past twelve months. As health care providers and entities continue to provide patient care in unprecedented times, it is becoming increasingly important...more

Arnall Golden Gregory LLP

HIPAA Compliance: Highlights from 2020 and Focus Areas for 2021

2020 was an active year for HIPAA regulatory activity by the U.S. Department of Health and Human Services (HHS) Office for Civil Rights (OCR). In this article, we take a look at some of the HIPAA highlights from 2020 and...more

Health Care Compliance Association (HCCA)

Report on Patient Privacy Volume 21, Number 1. Privacy Briefs: January 2021

Report on Patient Privacy 18, no. 1 (January 2021) - The HHS Office for Civil Rights (OCR) settled its 13th enforcement action in its Right of Access Initiative, first announced in 2019 to support individuals’ rights to...more

Bricker Graydon LLP

OCR continues aggressive HIPAA Right of Access enforcement activities

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The U.S. Department of Health and Human Services (HHS) Office of Civil Rights (OCR) has announced a flurry of enforcement actions in the last quarter of 2020 as part of its Right of Access Initiative....more

NAVEX

4 Ways to Protect ePHI Beyond HIPAA Compliance

NAVEX on

Given the choice between credit card data and digital health records, cybercriminals prefer the latter. A stolen credit card can be canceled. Electronic protected health information (ePHI) with its treasure-trove of...more

Holland & Hart - Health Law Blog

Use of PHI for Non-Patient Purposes

In an era of decreasing reimbursement and rapidly expanding opportunities associated with “big data”, healthcare entities may be looking for ways to monetize protected health information (“PHI”) for their own, non-patient...more

Foley & Lardner LLP

Compliance: Top Takeaways from Foley and PYA’s Annual “Let’s Talk Compliance” Event

Foley & Lardner LLP on

For the second year in a row, Foley & Lardner LLP and PYA hosted a compliance master class on various health-related compliance issues. “Let’s Talk Compliance” is an annual one-day event featuring a panel of presenters that...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

Holland & Hart - Health Law Blog

HIPAA, Psychotherapy Notes, and Other Mental Health Records

The HIPAA privacy rules give special protection to “psychotherapy notes,” but providers often misunderstand what are and are not covered and how they differ from other mental health records. I. “Psychotherapy Notes”...more

Sheppard Mullin Richter & Hampton LLP

Information Blocking And The Right To Access Initiative: Why Patients Struggle to Obtain their Medical Records and what the Office...

Access to healthcare information (or lack thereof) has always been touted as one of the key factors/necessities to realizing the promise of technology in the delivery of healthcare. Despite various legislative, judicial,...more

Shumaker, Loop & Kendrick, LLP

Client Alert: The Office for Civil Rights May Fine Providers for Failure to Provide Timely Access to Health Records: Now is the...

Most health care providers are aware that the Health Insurance Portability and Accountability Act of 1996 (“HIPAA”) and its accompanying negotiations provide for the privacy and security of patients’ health care...more

Bass, Berry & Sims PLC

Latest HIPAA Compliance & Enforcement Trends

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Enforcement activity by the Department of Health and Human Services’ (HHS) Office for Civil Rights (OCR) showed no signs of slowing throughout 2018 and has already picked up speed in 2019. More recent and significant actions...more

Womble Bond Dickinson

Are Non-Covered Activities And Programs At Your Campus/Institution Leaving You Overly Vulnerable to HIPAA? A “Hybrid” Designation...

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Executive Summary: If an institution doesn’t designate which functions are and are not covered by HIPAA, the assumption is that all activities fall under the HIPAA compliance umbrella. Recent federal actions against...more

Roetzel & Andress

Charging for Medical Records Can Cost You

Roetzel & Andress on

Health care providers often are unaware of federal laws that regulate the process by which they charge patients for copies of medical records. Many providers incorrectly assume that only the law of the state in which the...more

Dickinson Wright

Restrictions on Fees Permitted Under HIPAA for Copies of Medical Records

Dickinson Wright on

When health care providers provide copies of medical records to an individual patient or to third parties at the direction of that individual patient, they are permitted under HIPAA to recover “a reasonable, cost-based fee.”...more

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