News & Analysis as of

Protected Health Information Healthcare HITECH Act

Ballard Spahr LLP

HHS Aligns Part 2 Substance Use Disorder Confidentiality Requirements With HIPAA

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Newly effective regulations governing confidentiality of Substance Use Disorder (SUD) records now more closely mirror regulations implementing the Health Insurance Portability and Accountability Act of 1996 (HIPAA) and other...more

Foley & Lardner LLP

“Let’s Talk Compliance”: Health Care Privacy and Cybersecurity

Foley & Lardner LLP on

Editor’s Note: PYA and Foley & Lardner hosted the 6th Annual “Let’s Talk Compliance” two-day Virtual Conference on January 18 and 19, 2024. Panelists included Foley & Lardner attorneys and PYA experts. The event was hosted by...more

Troutman Pepper

Final Rule Aligns 42 CFR Part 2 with HIPAA and HITECH

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On February 8, 2024, the Department of Health and Human Services (HHS) posted a final rule that aims to align 42 CFR Part 2 (Part 2) — which protects certain substance abuse disorder (SUD) records — with the Health Insurance...more

Quarles & Brady LLP

Never Say Never Again: HHS Signals the Return of HIPAA Audit Program

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On February 12, 2024, the U.S. Department of Health and Human Services (“HHS”) published a notice in the Federal Register regarding reinstatement of the Health Information Portability and Accountability Act of 1996 (“HIPAA”)...more

Manatt, Phelps & Phillips, LLP

Changes to the Substance Use Disorder Confidentiality Regulation: Implications for Stakeholders

Last week, the Department of Health and Human Services (HHS) released a final rule intended to implement a 2020 modification to the federal substance use disorder (SUD) privacy statute. The final rule more closely aligns the...more

Polsinelli

Biden’s October 30, 2023, Executive Order on AI: Key Takeaways for Health Care Stakeholders

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The emergence of generative machine learning models, such as ChatGPT, has led to a surge in interest in artificial intelligence (“AI”) over the past year. This increased interest extends to the health care industry, where AI...more

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

Expiration of COVID-19 Public Health Emergency Means the Beginning of the End for HIPAA Privacy and Security Enforcement...

The Notifications of Enforcement Discretion issued under the Health Insurance Portability and Accountability Act of 1996 (HIPAA) and the Health Information Technology for Economic and Clinical Health (HITECH) Act during the...more

Dinsmore & Shohl LLP

COVID HIPAA Flexibilities to Expire

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The U.S. Department of Health and Human Service’s Office of Civil Rights (“OCR”) has announced that several notifications of enforcement discretion issued during the COVID-19 public health emergency (“PHE”) will expire...more

Ankura

Behind the Expert: Applying a Proactive Approach to Healthcare Compliance with Nancy Waltermire

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"Rather than reacting, you must be proactive and preventive. By doing this, you will not only be prepared for the potential obstacles that face your company, but you will most likely eliminate obstacles before they appear." ...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

Akerman LLP - Health Law Rx

Must Watch Summer Viewing Coming Soon: OCR’s Upcoming Video Presentation on the HITECH Act’s Recognized Security Practices

The U.S. Department of Health and Human Services (HHS) Office for Civil Rights (OCR) announced June 10, 2022 that it is producing a video presentation on “recognized security practices” as set forth in the recent amendment of...more

Sheppard Mullin Richter & Hampton LLP

Learning from the Mistakes of Others: OCR Releases Audit Report

The HHS Office for Civil Rights released, at the end of last year, findings from audits it conducted in 2016 and 2017 of 166 covered entities and 41 business associates. The report represents the periodic audit that the...more

Orrick, Herrington & Sutcliffe LLP

Don't Wait for It; Recent HIPAA Enforcement Action Signal More to Come in Phase 2 Audits

Officials at the U.S. Department of Health and Human Services Office of Civil Rights (HHS OCR) have recently selected a vendor to conduct the second wave of HIPAA audits. These so-called "Phase 2 Audits" are set to commence...more

BakerHostetler

Deeper Dive: Healthcare Incidents Involving More Than 500 Individuals Are Investigated 100 Percent of the Time

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We have released the inaugural BakerHostetler Data Security Incident Response Report, which provides insights generated from the review of more than 200 incidents that our attorneys advised on in 2014. The report confirms the...more

Robinson & Cole LLP

HHS/Office of the National Coordinator issues report that health information sharing is being blocked to gain a competitive edge

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In a scathing report released last Friday, the Department of Health and Human Services Office of the National Coordinator (ONC) accused hospitals and software vendors of preventing the sharing of health information in order...more

Troutman Pepper

Beyond HIPAA: Connected Health Care and the Internet of Things

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The U.S. Federal Trade Commission (FTC) Staff Report titled "Internet of Things: Privacy & Security in a Connected World," released in January 2015, continues to generate interest and questions about the regulation of health...more

Obermayer Rebmann Maxwell & Hippel LLP

HITECH Act Assures Meaningful Use & Care Coordination…For Some

The passage of the ARRA HITECH Act in 2009 fostered significant advancements in patient engagement and care coordination by incentivizing primarily physical health providers and acute care hospitals to make smarter use of...more

Mintz - Privacy & Cybersecurity Viewpoints

Five Lessons from OCR’s Report to Congress on Breaches and HIPAA Rules Compliance

Last week, the HHS Office of Civil Rights (OCR) released two reports required by the Health Information Technology for Economic and Clinical Health (HITECH) Act: (i) the Annual Report to Congress on Breaches of Unsecured...more

Holland & Knight LLP

The New "Meaningful Use" Landscape: A Transition from Incentives to Penalties - CMS Begins Enforcing Penalties for Failure to...

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Starting in 2015, eligible physicians and hospitals participating in the Medicare Electronic Health Records Incentive Program who do not adopt "meaningful" use" certified electronic health record (EHR) technology will no...more

Baker Donelson

Self-pay Confidentiality Rights: How Far Do Those Rights Go?

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The HIPAA Privacy Rule has always provided an individual patient the right to request special, confidential treatment of his or her protected health information (PHI). That right is not absolute, however. Covered entities...more

Manatt, Phelps & Phillips, LLP

Health Update

Ten Years In: Charting the Progress of Health Information Exchange in the U.S. - HITECH: Federal Dollars Spur Adoption and Use: The modern era of HIE-related public policy began in May 2004 with the appointment...more

Chambliss, Bahner & Stophel, P.C.

Protect Your Blindside: Identify All HIPAA Business Associates/Subcontractors

Under the recently enacted Health Information Technology for Economic and Clinical Health (HITECH) Act, and implementing regulations, the definition of the HIPAA term "Business Associate" has been expanded. A "Business...more

King & Spalding

Settlement Reached Regarding Dermatology Practice’s HIPAA Violation

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Adult and Pediatric Dermatology (A&P Dermatology) of Concord, Massachusetts has entered into a resolution agreement with the Department of Health and Human Services (HHS) to settle potential violations of the Health Insurance...more

Dickinson Wright

HHS Delays NPP Amendment Requirement for Laboratories Regulated Under CLIA

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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

Winstead PC

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

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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

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