News & Analysis as of

Office of Civil Rights Administrative Law Judge (ALJ)

Ogletree, Deakins, Nash, Smoak & Stewart,...

Employer’s ‘Take It or Leave It’ Offer of Remote Work as Reasonable Accommodation Is a Jury Question, D.C. Circuit Rules

On August 9, 2024, the U.S. Court of Appeals for the District of Columbia Circuit reversed the district court’s grant of summary judgment in favor of the U.S. Environmental Protection Agency (EPA) on an employee’s...more

Health Care Compliance Association (HCCA)

Report on Patient Privacy Volume 22, Number 11. MD Anderson Won Against OCR, But Agency’s Response—Including on Fines—Keeps...

Report on Patient Privacy Volume 22, Number 11. (November 2022) Nearly five years passed from the time the University of Texas MD Anderson Cancer Center reported to the HHS Office for Civil Rights (OCR) that three...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

Sheppard Mullin Richter & Hampton LLP

Cybersecurity, Inside Jobs, Outside Jobs, and HIPAA

According to a February 12, 2019 Press Release from Protenus, a developer of analytics for patient privacy monitoring and compliance, 15,085,302 patient records were breached in 2018 – a startling number made even more...more

Sheppard Mullin Richter & Hampton LLP

Are You a “Hybrid Entity” under the Health Insurance Portability and Accountability Act of 1996? The $4,348,000 Question

A single, multidisciplinary entity, like a university, may include certain departments that use PHI, and other departments that do not. Such institutions are eligible to (and should) self-identify as “hybrid entities” to...more

Bradley Arant Boult Cummings LLP

Summary Judgment: Recent HIPAA Case Emphasizes Encryption, Action on Risk Analysis - AHLA Health Information and Technology...

On June 18, 2018, the U.S. Department of Health and Human Services (“HHS”) Office for Civil Rights (“OCR”) announced that an HHS Administrative Law Judge (“ALJ”) granted summary judgment to OCR in an enforcement action...more

King & Spalding

Judge Grants Summary Judgment in Favor of OCR for HIPAA Violations Ordering a Texas Cancer Center to Pay $4.3 million in Penalties

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On June 18, 2018, the U.S. Department of Health and Human Services (HHS) and its Office for Civil Rights (OCR) announced an Administrative Law Judge’s (ALJ) ruling that OCR properly imposed penalties against The University of...more

Robinson & Cole LLP

Data Privacy + Cybersecurity Insider - June 2018 #3

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Just days after the summit between the U.S. and North Korea, the Federal Bureau of Investigation (FBI) and the Department of Homeland Security issued a warning about a malicious malware, a Trojan malware variant known as...more

Saul Ewing LLP

ALJ Requires MD Anderson Cancer Center to Pay $4.3M for HIPAA Violations

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The U.S. Department of Health and Human Services ("HHS"), Office for Civil Rights ("OCR") announced earlier this month that an HHS administrative law judge ("ALJ") ruled in favor of the OCR on summary judgment and required MD...more

Bricker Graydon LLP

Judge upholds fourth largest HIPAA penalty of $4.3 million for Texas cancer center

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The U.S. Department of Health and Human Services Office of Civil Rights (OCR) announced that an administrative law judge has upheld its fourth largest HIPAA penalty against the University of Texas MD Anderson Cancer Center....more

Locke Lord LLP

OCR For The Win: MD Anderson HIPAA Enforcement Action

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Once again, an Administrative Law Judge (“ALJ”) upheld the imposition of civil money penalties charged against a covered entity by the Office for Civil Rights of the Department of Health and Human Services (“OCR”) for...more

Burr & Forman

Ex-Husband's Revenge Leads to HHS Trophy

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Patient care is not confined to a single office or exam room, or a single physician or other provider. Caring for patients these days now includes complex coordination among physicians, nurse, technicians, staff, management,...more

Cadwalader, Wickersham & Taft LLP

More Than a Family Affair: Six-Figure HIPAA Penalty Upheld for Unrepentant Home Care Agency due to PHI Access by Spurned Spouse of...

The Health Insurance Portability and Accountability Act of 1996, Public Law 104-191 and the regulations promulgated thereunder (“HIPAA”) should be now well-known to health care providers and health plans. Under HIPAA’s...more

Spilman Thomas & Battle, PLLC

Until Death Do Us Part – Divorce and HIPAA Violations: A Lesson in Safeguarding Protected Health Information

The Office of Civil Rights (“OCR”), a division of the Department of Health and Human Services, recently took the rare step of imposing civil monetary penalties against a large home health provider for violating the Health...more

Locke Lord LLP

OCR for the Win: Lincare, Inc. HIPAA Enforcement Action

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For the second time in history, on January 13, 2016, an Administrative Law Judge (ALJ) upheld the imposition of civil money penalties charged against a covered entity by the Office of Civil Rights in the Department of Health...more

Saul Ewing LLP

Six-Figure January HIPAA Enforcement Activities Highlight Importance of Maintaining Privacy Protections

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The U.S. Department of Health & Human Services’ (“HHS”) Office for Civil Rights (“OCR”) and the Federal Trade Commission (“FTC”) were each involved in the resolution of high profile privacy matters in January 2016. The two...more

King & Spalding

ALJ Upholds $239,800 In Civil Monetary Penalties For HIPAA Violations

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Home health care provider Lincare, Inc. must pay $239,800 in civil monetary penalties for violations of the Health Insurance Portability and Accountability Act of 1996 (“HIPAA”) Privacy Rule, according to a February 3, 2016...more

BakerHostetler

ALJ Upholds OCR’s $239,800 CMP for Healthcare Provider

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On January 13, 2016, the Department of Health and Human Services’ Administrative Law Judge upheld the Office for Civil Rights’ (OCR’s) civil monetary penalty (CMP) against Lincare, Inc., d/b/a United Medical (Lincare), for...more

Robinson+Cole Data Privacy + Security Insider

Lincare, Inc. ordered to pay civil monetary fines for HIPAA violations

In an unusual scenario, in fact, only the second time in history, the Office for Civil Rights (OCR) was successful before an Administrative Law Judge (ALJ) in obtaining an order for the payment of civil monetary fines as a...more

Davis Wright Tremaine LLP

Second CMP Assessed for HIPAA Violations: Do You Know Where Your Data Is?

For only the second time in its history, the U.S. Department of Health and Human Services’ (HHS) Office for Civil Rights (OCR) has imposed a civil money penalty (CMP) on a covered entity for allegedly violating the HIPAA...more

Cooley LLP

Blog: ALJ Upholds OCR Enforcement Against Lincare, Inc. of $239,800

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A U.S. Department of Health and Human Services (HHS) administrative law judge (ALJ) recently sustained an earlier HHS Office of Civil Rights (OCR) decision to impose a civil money penalty (CMP) of $239,800 against Lincare...more

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