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Business Associates

Business Associates can refer broadly to individuals engaged in business relationships with one another. However, in the HIPAA context, the term has a specific statutory meaning and those characterized as... more +
Business Associates can refer broadly to individuals engaged in business relationships with one another. However, in the HIPAA context, the term has a specific statutory meaning and those characterized as business associates have expanded data protection obligations and duties. Essentially, a business associate under HIPAA is a person or entity that performs certain functions or services which necessitates exposure to protected health information on behalf of a covered entity. Typical business associate functions include: claims processing or administration, data analysis, billing, etc.    less -
Ogletree, Deakins, Nash, Smoak & Stewart,...

2025 Enforcement Trends: Risk Analysis Failures at the Center of HHS’s Multimillion-Dollar HIPAA Penalties

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

In the first five months of 2025, the U.S. Department of Health and Human Services’ (HHS) Office for Civil Rights (OCR) announced it had entered into ten Health Insurance Portability and Accountability Act (HIPAA) resolution...more

Holland & Knight LLP

U.S. Health Data Affected by New National Security Restrictions on International Data Transfers

Holland & Knight LLP on

Health Insurance Portability and Accountability Act (HIPAA)-covered entities and business associates should be familiar with restrictions on the use or disclosure of protected health information (PHI) under HIPAA rules....more

Health Care Compliance Association (HCCA)

Former OCR Director Fontes Rainer Reflects On ‘Imperfect’ RSP Law, Urges Final Security Reg

Health Care Compliance Association (HCCA) on

In October, the HHS Office for Civil Rights (OCR) fined Providence Medical Institute (PMI) $240,000, an amount that reflected a 20% discount for having “recognized security practices” (RSPs) in place. But many more covered...more

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

HHS OCR Settles HIPAA Security Rule Investigation with Health Fitness Corporation

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

On March 21, 2025, the U.S. Department of Health and Human Services’ Office for Civil Rights (OCR) announced a settlement of HIPAA security rule claims involving Health Fitness Corporation (Health Fitness). Health Fitness...more

Jackson Lewis P.C.

Health Fitness, OCR’s Risk Analysis Initiative, and the ERISA Fiduciary Duty to Select Plan Service Providers

Jackson Lewis P.C. on

On Friday, the U.S. Department of Health and Human Services (HHS), Office for Civil Rights (OCR) announced the fifth enforcement action under its Risk Analysis Initiative. In this case, OCR reached a settlement with Health...more

Bradley Arant Boult Cummings LLP

Top 10 takeaways from the new HIPAA security rule NPRM

Bradley Arant Boult Cummings LLP on

On Jan. 6, 2025, the U.S. Department of Health and Human Services (HHS) proposed new regulations to enhance cybersecurity protections for electronic protected health information (ePHI) under the Health Insurance Portability...more

Gardner Law

Recent Enforcement Reminds Companies: Assess HIPAA Compliance

Gardner Law on

A HIPAA compliance assessment is an evaluation of an organization's practices, policies, and procedures to ensure that they align with requirements from the Health Insurance Portability and Accountability Act (“HIPAA”). It...more

Holland & Hart LLP

E-mailing and Texting PHI: Beware HIPAA

Holland & Hart LLP on

The HIPAA Privacy and Security Rules require covered entities (including healthcare providers and health plans) and their business associates to protect patient information stored or transmitted electronically, including...more

Health Care Compliance Association (HCCA)

$1.5M Warby Parker Fine a Holdover; OCR Focuses On Men in Sports, Antisemitism, ‘Biological Truth’

Health Care Compliance Association (HCCA) on

Nearly six years to the day that Warby Parker reported a breach affecting nearly 200,000 individuals, the HHS Office for Civil Rights (OCR) imposed a $1.5 million fine on the eyewear giant. Investigated by OCR under the Biden...more

Bradley Arant Boult Cummings LLP

AI Meets HIPAA Security: Understanding HHS’s Risk Strategies and Proposed Changes

Bradley Arant Boult Cummings LLP on

In this final blog post in the Bradley series on the HIPAA Security Rule notice of proposed rulemaking (NPRM), we examine how the U.S. Department of Health and Human Services (HHS) Office for Civil Rights interprets the...more

Epstein Becker & Green

Proposed HIPAA Security Rule Updates May Significantly Impact Covered Entities and Business Associates

Epstein Becker & Green on

As we noted in our previous blog here, on January 6, 2025, the U.S. Department of Health and Human Services (HHS), Office for Civil Rights (OCR) published a Notice of Proposed Rulemaking (NPRM) proposing substantial revisions...more

Groom Law Group, Chartered

Biden Administration Proposes Beefed-Up HIPAA Security Rule… But Prognosis Uncertain

Groom Law Group, Chartered on

On January 6, 2025, the Biden Administration issued a new proposed rule updating the HIPAA Security Standards ( “Proposed Rule”). The original HIPAA Security Standards were issued in 2003 and updated in 2013 and require that...more

Alston & Bird

Health Plan Impact of HHS’s Proposed HIPAA Security Rule Update

Alston & Bird on

Our Employee Benefits & Executive Compensation Group highlights the HIPAA Security Rule’s proposed new compliance requirements for health plans, plan sponsors, and their business associates....more

Maynard Nexsen

Changes Proposed by HHS to Strengthen HIPAA Security Rule

Maynard Nexsen on

On January 6, 2025, the US Department of Health and Human Services Office for Civil Rights (“OCR”) issued a notice of proposed rulemaking (“Proposed Rule”) containing significant updates to the Security Rule under the Health...more

McDermott+

To Comment or Not to Comment: Looking at the Biden Administration’s HIPAA Cybersecurity Proposed Reg

McDermott+ on

One of the Biden Administration’s last healthcare regs was a proposed rule that, if finalized, would make significant changes to the Health Insurance Portability and Accountability Act of 1996 (HIPAA) Security Rule to...more

Bradley Arant Boult Cummings LLP

HHS’s Proposed Security Rule Updates Could Require Group Health Plan Document Changes and New Plan Sponsor Security Practices

Bradley Arant Boult Cummings LLP on

Proposed regulations may require employers to invest additional resources to safeguard group health plan participants’ protected health information. In this installment of our blog series on the U.S. Department of Health...more

McGuireWoods LLP

HHS Proposed Rule May Enhance HIPAA Security but Leaves AI Questions Open

McGuireWoods LLP on

In response to increased cybersecurity threats and significant regulatory enforcement actions, on Dec. 27, 2024, the Department of Health and Human Services (HHS) issued a Notice of Proposed Rulemaking seeking to enhance...more

Buchalter

Significant New HIPAA Obligations on Their Way for 2025

Buchalter on

The Department of Health & Human Services (HHS) issued proposed changes to the HIPAA Security Rule (“Proposed Rule”) on January 6, 2025, and is accepting comments from the public until March 7, 2025. The Proposed Rule...more

Vorys, Sater, Seymour and Pease LLP

Proposed Update to the HIPAA Security Rule

Vorys, Sater, Seymour and Pease LLP on

In early January, the U.S. Department of Health and Human Services (HHS) Office for Civil Rights (OCR) published a Notice of Proposed Rulemaking. The Proposed Rule would modify the Security Standards for the Protection of...more

Bradley Arant Boult Cummings LLP

HIPAA Security Rule Updates: New Business for Business Associates

Bradley Arant Boult Cummings LLP on

Bradley has launched a multipart blog series on the U.S. Department of Health and Human Services’ (HHS) proposed changes to the Health Insurance Portability and Accountability Act of 1996 (HIPAA) Security Rule, beginning last...more

Paul Hastings LLP

HHS OCR Releases Proposed Updates to HIPAA Security Rule

Paul Hastings LLP on

On December 27, 2024, the U.S. Department of Health and Human Services (HHS), through the Office for Civil Rights (OCR), announced a Notice of Proposed Rulemaking (NPRM) to amend the Security Standards for the Protection of...more

Bass, Berry & Sims PLC

Proposed Rulemaking to Strengthen HIPAA Security Rule

Bass, Berry & Sims PLC on

On January 6, the Department of Health and Human Services Office for Civil Rights (OCR) published a notice of proposed rulemaking (Proposed Rule) that would strengthen the requirements of the security rule promulgated...more

Husch Blackwell LLP

OCR Announces Proposed Updates to HIPAA Security Rule, Raises the Bar for Healthcare Cybersecurity

Husch Blackwell LLP on

On December 27, 2024, the U.S. Department of Health and Human Services (HHS), through its Office for Civil Rights (OCR), issued proposed changes to the Health Insurance Portability and Accountability Act of 1996 (HIPAA)...more

Wilson Sonsini Goodrich & Rosati

HHS-OCR Announces Proposed Modifications to the HIPAA Security Rule

Wilson Sonsini Goodrich & Rosati on

The U.S. Department of Health and Human Services Office for Civil Rights (HHS-OCR) has announced proposed modifications to the Health Insurance Portability and Accountability Act (HIPAA) Security Rule (the Proposed Rule). The...more

Wyrick Robbins Yates & Ponton LLP

Analyze This: OCR Kicks Off 2025 with Two New HIPAA Enforcement Actions Against Business Associates as Part of New Risk Analysis...

Wyrick Robbins Yates & Ponton LLP on

Just two weeks into the year, 2025 is already shaping up to be a busy year for privacy lawyers, especially those tasked with helping covered entities and business associates comply with the HIPAA Security Rule.  As we...more

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