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2024 HIPAA Developments

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

OCR’s HIPAA Resolution Agreements: the Year Thus Far

The Office of Civil Rights (OCR) of the U.S. Department of Health and Human Services (HHS) has continued its enforcement of HIPAA’s privacy and security rules in the new administration, announcing a number of settlements of...more

OCR Issues Guidance Related to PHI Disclosures During COVID

On December 18, 2020, the United States Department of Health and Human Services (“HHS”) Office for Civil Rights (“OCR”) issued guidance specific to the Health Insurance Portability and Accountability Act of 1996 (“HIPAA”) and...more

HHS Issues HIPAA Guidance on Contacting Survivors of COVID-19 About Plasma Donation

The Office of Civil Rights of the U.S. Department of Health and Human Services has issued guidance clarifying how HIPAA’s Privacy Rule permits covered entities (in particular, health care providers and health plans) or their...more

HIPAA Rules and Media Coverage: HHS Issues Guidance Amidst the COVID-19 Pandemic

The Department of Health and Human Services has issued guidance confirming that the public health emergency brought on by the COVID-19 pandemic does not alter the restrictions that HIPAA’s Privacy Rule places on hospitals,...more

HHS Issues Temporary and Limited HIPAA Waiver for Hospitals

The Office of Civil Rights, U.S. Department of Health and Human Services, issued an update to its February bulletin, which outlined how the HIPAA privacy rules apply in a state of emergency....more

Disclosing Information about the Novel Coronavirus under HIPAA

Health care providers, health plans, and others who are subject to HIPAA are sure to have questions about when they may disclose information about individuals who have contracted, or been exposed to, Coronavirus (COVID-19)....more

HIPAA 2019 Year in Review: OCR’s Enforcement of HIPAA Security Rule

Although the U.S. Department of Health and Human Services (HHS) Office for Civil Rights (OCR) may yet announce one or two year-end settlements, it appears that 2019 will be known more for the implementation of changes in...more

OCR Hits Health System with $2.2M Fine for HIPAA Violations

The U.S. Department of Health and Human Services Office of Civil Rights (OCR) imposed $2,154,000 in civil monetary penalties against Jackson Health System in Florida for failing to meet HIPAA privacy and security...more

OCR Announces $10,000 Settlement for Disclosure of Patients’ PHI through Social Media

The Office for Civil Rights (OCR) at the Department of Health and Human Services announced it reached a settlement with Elite Dental Associates of Dallas (Elite) to resolve a complaint alleging Elite impermissibly disclosed a...more

A Modest HIPAA Settlement

The Office of Civil Rights of the Department of Health and Human Services (OCR) announced that it has entered into a settlement with a business associate that provides electronic medical records services to health care...more

The Office for Civil Rights Speaks: HIPAA Liabilities Contained (Except When They Aren’t)

After a quiet winter, the Department of Health and Human Services’ Office for Civil Rights (OCR) revived with the spring, issuing a set of frequently asked questions and two recent announcements. ...more

HHS Decreases Maximum HIPAA Penalties

The Department of Health and Human Services has announced that it is lowering the maximum amount it will assess for most types of HIPAA violations. Although the change is couched as an exercise of discretion, HHS states that...more

HIPAA Enforcement Outlook for 2019 and Beyond

After announcing that its HIPAA enforcement collections had reached a new high-water mark of $28.7 million in 2018, the Office of Civil Rights (OCR) of the U.S. Department of Health and Human Services has started this year...more

OCR Closes the Book on 2018 With $3 Million HIPAA Settlement

On February 7, 2019, the Office of Civil Rights (OCR) of the U.S. Department of Health and Human Services published the resolution agreement for its final HIPAA settlement of 2018. ...more

A Pair of Year-End HIPAA Settlements

A relatively quiet year for HIPAA enforcement is ending with a small flourish.  The Office of Civil Rights of the Department of Health and Human Services (HHS) has announced two settlements with covered entities within the...more

Beware the Bright Lights

The Office of Civil Rights of the Department of Health and Human Services has announced settlements with three different Boston-area hospitals for allegedly compromising the privacy of protected health information by inviting...more

HIPAA Enforcement: Where’s the Action?

Imagine a breach in the privacy of protected health information.  The violation of an individual’s HIPAA rights may be clear, but the individual cannot sue under HIPAA.  Courts have consistently held that HIPAA provides no...more

HIPAA: Privacy Required, Even When Information Goes Public

A celebrity collapses on stage and is rushed to the hospital. Rumors race through social media faster than the ambulance can navigate city streets. Was it exhaustion? Was it her heart? Was there a gunshot? ...more

Springtime for HIPAA

The virtual world offers opportunities and obligations not found in nature. For a couple of years, my wife has followed the adventures of a bonded eagle couple, Liberty and Freedom, residing in the hills near Hanover,...more

Beware of Phishing Email Disguised as Official OCR Audit Communication

The Office of Civil Rights (OCR) of the U.S. Department of Health and Human Services (HHS) has posted an alert (and a follow-up alert) warning health plans, health care providers, and their vendors of a mock communication...more

OCR Announces First HIPAA Enforcement Action against a Business Associate

The U.S. Department of Health and Human Services Office for Civil Rights (OCR) announced an agreement with Catholic Health Services of the Archdiocese of Philadelphia (CHCS), settling allegations that CHCS violated the Health...more

Check Your Desk: HIPAA Audits for Covered Entities Have Arrived

The Office of Civil Rights (OCR) of the Department of Health and Human Services has moved forward with Phase 2 of its Health Insurance Portability and Accountability Act of 1996 (HIPAA) audit program. On Monday, July 11,...more

HIPAA Audits Coming Your Way – Are You Ready?

The Office of Civil Rights (OCR) of the Department of Health and Human Services has begun Phase 2 of its audit program under the Health Insurance Portability and Accountability Act (HIPAA). In this phase, OCR will: -...more

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