News & Analysis as of

Office of Civil Rights Protected Health Information Personally Identifiable Information

Lippes Mathias LLP

Hospital Administrators – Is Your Hospital Cyber-Secure?

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On October 2, 2024, New York adopted new regulations requiring general hospitals to implement heightened cybersecurity safeguards. General hospitals, as defined in Article 28 of the NY Public Health Law, generally must begin...more

ArentFox Schiff

Federal Court Scales Back HIPAA Online Tracking Technology Guidance

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On June 20, a federal district court in Texas ruled that the US Department of Health and Human Services (HHS) Office for Civil Rights (OCR) exceeded its authority under the Health Insurance Portability and Accountability Act...more

Ballard Spahr LLP

2024 HIPAA Developments

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Over the course of the past few months, the Office of Civil Rights (OCR) and the Office of the National Coordinator for Health Information Technology (ONC), both of which are divisions of the U.S. Department of Health and...more

Troutman Pepper Locke

Your Organization Has Suffered a Data Incident: Now Here Are the Regulators It Will Likely Encounter

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Government regulators are seemingly as numerous as the stars nowadays, especially in the universe of data incidents. When organizations experience a data incident, they will need to quickly assess what happened, why it...more

Console and Associates, P.C.

Mount Desert Island Hospital Notifies 24,180 of Data Breach Involving Leaked Social Security Numbers

On June 30, 2023, Mount Desert Island Hospital (“MDIH”) filed a notice of data breach with the U.S. Department of Health and Human Services Office for Civil Rights after discovering that an unauthorized party had gained...more

McDermott Will & Emery

HHS Issues Guidance on Requirements Under HIPAA for Online Tracking Technologies, Addressing Privacy and Security Concerns Related...

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On December 1, 2022, the Office for Civil Rights (OCR) at the US Department of Health and Human Services (HHS) issued a Bulletin on the obligations of covered entities and business associates (regulated entities) under the...more

Sheppard Mullin Richter & Hampton LLP

OCR Releases Guidance on Use of Tracking Technologies

Most companies operating websites and mobile apps use some form of tracking technologies on these digital properties. While these types of technologies have been used for some time and serve a variety of purposes, the use of...more

Holland & Knight LLP

HHS Offers HIPAA Guidance on Online Tracking Technologies

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For years, patients and healthcare companies have been wrestling with privacy issues relating to cookies, pixels and other tracking technologies. The U.S. Department of Health and Human Services' (HHS) Office of Civil Rights...more

Health Care Compliance Association (HCCA)

Report on Patient Privacy Volume 22, Number 6. Privacy Briefs: June 2022

Report on Patient Privacy 22, no. 6 (June, 2022) - A report from the HHS Health Sector Cybersecurity Coordination Center (HC3) found that in early 2022, ransomware groups increasingly turned to legitimate software during...more

Robinson+Cole Data Privacy + Security Insider

Reporting of Breaches Under 500 Due by March 1

HIPAA requires covered entities and business associates to report to the Office for Civil Rights (OCR) all breaches of unsecured protected health information when the incident involves fewer than 500 individuals no later than...more

Robinson+Cole Health Law Diagnosis

OCR Announces it Will Not Impose HIPAA Penalties for Use of COVID-19 Vaccine Scheduling Apps

The Office of Civil Rights (OCR) issued a notice this week stating that it will not impose penalties for HIPAA non-compliance in connection with a covered entity health care provider’s or business associate’s good faith use...more

Robinson+Cole Data Privacy + Security Insider

Excellus Health Plan Pays $5.1M to OCR in Settlement Following Data Breach

The U.S. Department of Health and Human Services Office for Civil Rights (OCR) recently announced that it had entered into a Resolution Agreement, Corrective Action Plan, and settlement with Lifetime Healthcare, Inc., the...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

Health Care Compliance Association (HCCA)

From Her Words to OCR's Ears: 'Dissent' Seeks to Hold Hackers, Leakers Accountable

Report on Patient Privacy 20, no. 11 (November 2020) - In her 14-plus years of investigating and blogging about hacking and breaches, “Dissent” has been yelled at, threatened with lawsuits and accused of being a criminal....more

Robinson+Cole Data Privacy + Security Insider

Community Health Systems, Inc. Settles for $5 M in Multi-State Settlement

On October 8, 2020, New Jersey Attorney General Gurbir Grewal (AG) announced that his office has entered into a multi-state settlement agreement with Community Health Systems, Inc. (CHS) stemming from an investigation of a...more

Robinson+Cole Data Privacy + Security Insider

Premera Blue Cross Settles with OCR for $6.85 Million for Breach of 10.4 Million Records

Premera Blue Cross (Premera) has agreed to settle with the Office for Civil Rights (OCR) for $6.85 million over allegations of violations of HIPAA after an investigation of a data breach that occurred in 2014 affecting 10.4...more

Robinson+Cole Data Privacy + Security Insider

Athens Orthopedic Settles with OCR for $1.5M for Data Breach

The U.S. Department of Health and Human Services’ Office for Civil Rights (OCR) has announced that it has settled potential violations of HIPAA with Athens Orthopedic Clinic PA (Athens) for $1.5 million, following an...more

Robinson+Cole Data Privacy + Security Insider

HIPAA Business Associate Pays $2.3 Million Settlement After Hackers Target PHI of Over 6 Million Individuals

Health care providers and contractors continue to be a popular target for hackers. Recently, CHSPSC LLC (CHSPSC), which provides various services to hospitals and clinics indirectly owned by Community Health Systems, Inc. of...more

Bricker Graydon LLP

OCR announces second-largest HIPAA breach settlement

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On September 25, 2020, the U.S. Department of Health and Human Services Office for Civil Rights (OCR) announced that it reached a settlement with Premera Blue Cross (PBC), a health plan operating in Washington and Alaska,...more

Foley Hoag LLP - Security, Privacy and the...

HIPAA Business Associate Pays $2.3 Million to Settle Breach Affecting Protected Health Information of Over 6 Million Individuals

With apologies to John Donne, ask not for whom the bells tolls, HIPAA business associates, it tolls for thee! While it has been the law for some time that business associates could be held directly liable for breaches,...more

Brooks Pierce

Office for Civil Rights Settles Five Investigations in HIPAA Right of Access Initiative: Don’t Give Your Patients Any Reason to...

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Recent enforcement actions by the Office for Civil Rights (OCR) underscore the importance of providing patients with copies of their protected health information (PHI) as required by HIPAA. Failure to provide access exposes...more

Butler Snow LLP

Privacy Versus Pandemic: Must HIPAA Yield to a Public Health Emergency?

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The worldwide COVID-19 pandemic visited on America in the past several months has quickly reinvigorated the foundational and important debate concerning where, in a free society, individual autonomy ends (or should end) and...more

Bricker Graydon LLP

COVID-19 Update: OCR updates guidance on contacting former COVID-19 patients about blood and plasma donation to add health plans

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On August 24, 2020, the Office for Civil Rights (OCR) issued amended guidance on HIPAA compliance during the COVID-19 pandemic. On June 12, 2020, OCR issued initial guidance on how the HIPAA Privacy Rule permits covered...more

Robinson+Cole Data Privacy + Security Insider

Size Doesn’t Matter for OCR Enforcement Actions

Small health care organizations may think they are under the radar of the Office for Civil Rights (OCR), but a settlement the OCR agreed to last week should disabuse small health care providers of that notion....more

Foley & Lardner LLP

COVID-19: HHS Permits Business Associates to Use and Disclose PHI for Public Health and Health Oversight Purposes Without Amending...

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The Department of Health and Human Services (HHS) announced on April 2 that HHS is exercising its enforcement discretion to permit business associates to use and disclose protected health information (PHI) for public health...more

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