Overview - On December 10th, the Office for Civil Rights (OCR) at the U.S. Department of Health and Human Services (HHS) announced significant proposed changes to the Health Insurance Portability and Accountability Act...more
As the end of 2020 approaches, the melody to “Auld Lang Syne” inevitably comes to mind. The meaning of this song is particularly appropriate as we consider what will stay, and what will pass when it comes to telehealth in...more
In a continuation of its recent enforcement streak, the U.S. Department of Health and Human Services (HHS) Office for Civil Rights (OCR) announced two new HIPAA settlements last week. The first settlement is with Aetna Life...more
Last week, the Office for Civil Rights (OCR) at the U.S. Department of Health and Human Services (HHS) continued in its recent trend of rapid settlement agreement announcements. With two more settlements announced in quick...more
In a flurry of recent activity, the U.S. Department of Health and Human Services (HHS) Office for Civil Rights (OCR) has announced eight resolution agreements since September 15, 2020. These resolution agreements settle...more
In its calendar year 2021 Medicare Physician Fee Schedule (“MPFS”) proposed rule, released August 3, 2020, the Centers for Medicare and Medicaid Services (“CMS”) has proposed to make permanent certain telehealth changes that...more
On July 27, 2020, the U.S. Department of Health and Human Services (HHS) Office for Civil Rights (OCR) announced a resolution agreement with Lifespan Health System Affiliated Covered Entity (Lifespan ACE) to resolve alleged...more
On July 23, 2020, the Department of Health and Human Services (HHS) Office for Civil Rights (OCR) announced a resolution agreement with a small health care provider regarding an alleged breach of HIPAA Security Rule...more
On July 23, 2020, U.S. Department of Health and Human Services (HHS) Secretary Alex Azar renewed the declaration that a national public health emergency (PHE) exists due to the COVID-19 pandemic....more
In response to the COVID-19 pandemic, the Centers for Medicare and Medicaid Services (CMS) has issued numerous telehealth waivers and flexibilities aimed at alleviating burdens for health care providers and facilitating the...more
As we reported earlier, the Centers for Medicare & Medicaid Services (CMS), as part of its blanket waivers issued on March 30, 2020,2 has waived the location requirement for provider-based status for the duration of the...more
We have previously commented on OCR’s exercise of enforcement discretion and accompanying FAQs for covered entities during the COVID-19 public health emergency....more
On March 20, 2020, the U.S. Department of Health and Human Services Office for Civil Rights (“OCR”) issued guidance in the form of FAQs in follow up to its Notification of Enforcement Discretion for good faith provision of...more
In this update, we incorporate information on waivers of penalties for noncompliance with the regulatory requirements under the HIPAA Rules against covered health care providers in connection with the good faith provision of...more
A recent Resolution Agreement between a solo practitioner physician practice and the U.S. Department of Health and Human Services Office for Civil Rights (OCR) reveals how complying with HIPAA by reporting a business...more
After a quiet start, 2019 developed into another active enforcement year for HIPAA, with a notable flurry of activity in the last three months of 2019....more
The U.S. District Court for the District of Columbia has vacated controversial portions of the U.S. Department of Health and Human Service’s (“HHS”) regulations and guidance regarding access and copy fees for third party...more
On September 9, 2019, the U.S. Department of Health and Human Services Office for Civil Rights (OCR) announced the first enforcement action and settlement in its Right of Access Initiative (the “Initiative”). ...more
In its second HIPAA resolution agreement of 2019, the U.S. Department of Health and Human Services, Office for Civil Rights (OCR) again emphasizes the importance of compliance with the HIPAA Security Rule and of both timely...more
In two recent pronouncements, the United States Department of Health and Human Services (HHS) has taken a balanced approach to interpreting the Health Insurance Portability and Accountability Act (HIPAA) regulations that...more
After a relatively slow first six months, 2018 turned into an active year for HIPAA enforcement, with the Department of Health and Human Services’ (HHS) Office of Civil Rights (OCR) announcing the largest-ever HIPAA...more
Ciox Health, LLC (“Ciox”), a release of information (“ROI”) vendor that contracts with hospitals and other healthcare providers to fulfill requests for copies of medical records, filed suit against the U.S. Department of...more
On October 24, 2018, the President signed the sweeping, opioid-focused SUPPORT for Patients and Communities Act (Pub. L. 115-271, the “Act”) into law. Title III, Chapter 4 of the Act, titled the Special Registration for...more
11/7/2018
/ Controlled Substances ,
DEA ,
Electronic Prescribing ,
Health Care Providers ,
In-Person Exam ,
New Legislation ,
Prescription Drugs ,
Registration ,
Ryan Haight Act ,
Telehealth ,
Telemedicine
On October 24, 2018, the SUPPORT for Patients and Communities Act (Pub. L. 115-271, the “Act”) was signed into law. Section 3222 of this sweeping federal opioid legislation amends the Controlled Substances Act to permit...more
Stakeholders have the opportunity to submit comments regarding the Electronic Health Record (EHR) Reporting Program established as Section 4002 of the 21st Century Cures Act (Cures Act). Section 4002(c) of the Cures Act...more