News & Analysis as of September 17, 2024

Business Associates › Breach Notification Rule › Health Care Providers

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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 -

HIPAA Breach Notice Can Be Delegated to Change Healthcare

Holland & Knight LLP on 6/4/2024

After months of uncertainty and multiple letters from industry associations advocating on behalf of the healthcare industry with the U.S. Department of Health and Human Service (HHS) Office for Civil Rights (OCR), covered...more

Annual Report to Congress on HIPAA Privacy, Security, and Breach Notification Rule Compliance

Benesch on 4/4/2024

The U.S. Department of Health and Human Services (HHS), Office for Civil Rights (OCR) recently published an executive summary (Report) outlining key enforcement activities of the Health Insurance Portability and...more

HHS OCR Provides Annual Report to Congress Detailing 2022 Enforcement Activities

BakerHostetler on 3/19/2024

On Feb. 16, the U.S. Department of Health and Human Services (HHS) Office for Civil Rights (OCR) published its 2022 Annual Report to Congress. ...more

Imminent Cybersecurity Threats to Healthcare Revenue Cycle Management

BakerHostetler on 2/26/2024

BakerHostetler is closely monitoring imminent cybersecurity threats to healthcare revenue cycle management personnel and vendors. Most recently, Change Healthcare (CHC), a healthcare technology and business management...more

HIPAA: Failure to Report Breach Costs Hospital $2.175 Million

Foley & Lardner LLP on 12/5/2019

One health system recently learned the cost of relying too heavily on the HIPAA Breach Notification Rule’s “low probability of compromise” standard when it failed to notify all affected individuals and report the HIPAA breach...more

Another HIPAA Settlement for Failure to Enter Into a BAA

Mintz - Health Care Viewpoints on 12/13/2018

Last week, the Office for Civil Rights (OCR) announced that it had reached a settlement with a contract physician group based in Florida to resolve potential HIPAA violations relating to the sharing of protected health...more

Minimizing Liability For Business Associate Misconduct

Holland & Hart LLP on 3/12/2018

Healthcare providers, health plans and healthcare clearinghouses (“covered entities”) and business associates are subject to significant penalties for violations of the HIPAA Privacy, Security and Breach Notification Rules....more

Lessons Learned from Recent OCR HIPAA Audits

Robinson+Cole Data Privacy + Security Insider on 1/10/2018

Covered entities, including employer sponsored health plans, should brace for audits and enforcement of the Privacy, Security, and Breach Notification rules by the Department of Health & Human Service Office of Civil Rights...more

A $31,000 Mistake: Failing To Manage Business Associate Agreements Proves Costly For Providers

Sheppard Mullin Richter & Hampton LLP on 4/28/2017

The Center for Children’s Digestive Health (CCDH), a small, for-profit pediatric subspecialty practice that operates seven clinics in the Chicago area, has paid the U.S. Department of Health and Human Services, Office for...more

Cloud Service Providers Beware, You May Be Subject to HIPAA Without Knowing It

BakerHostetler on 11/9/2016

The use of cloud service providers has exploded in the past several years. According to estimates from Gartner, the market for cloud services is expected to reach $204 billion in 2016. But the use of cloud service providers...more

HHS Designates Cloud Service Providers as Business Associates Under HIPAA

Ballard Spahr LLP on 11/7/2016

Cloud service providers that process electronic protected health information (ePHI) are business associates under the Health Insurance Portability and Accountability Act of 1996 (HIPAA), even if the PHI is encrypted and the...more

Taking Measure of HIPAA Enforcement

Bradley Arant Boult Cummings LLP on 9/21/2016

Last month, the U.S. Department of Health and Human Services, Office for Civil Rights (OCR) announced the largest settlement to date for alleged violations of the Health Insurance Portability and Accountability Act (HIPAA)....more

No HIPAA Hall Pass for Business Associates and Small Breaches

Winstead PC on 8/31/2016

Phase 2 Audits of Business Associates: The Department of Health and Human Services, Office for Civil Rights (OCR) is in the process of conducting its phase 2 audits of Covered Entities and Business Associates. “Covered...more

OCR Sends Notification Letters to Phase 2 HIPAA Auditees

Mintz - Health Care Viewpoints on 7/14/2016

On July 12, 2016, HHS’s Office for Civil Rights (OCR) distributed an e-mail discussing recent developments in Phase II of its HIPAA audit program....more

Entity Fined $650,000 in First HIPAA Settlement with a Business Associate

Parker Poe Adams & Bernstein LLP on 7/13/2016

The possibility of business associates potentially being audited, investigated, and ultimately fined is now a reality. On June 24, 2016, the United States Department of Health and Human Services’ Office of Civil Rights...more

New HIPAA Phase 2 Audits: Targets Notified by Email Only

Perkins Coie on 4/28/2016

The U.S. Department of Health and Human Services Office for Civil Rights (OCR) recently announced the long-awaited launch of Phase 2 of its HIPAA Audit Program (Phase 2 Audits). The Phase 2 Audits will review the policies...more

OCR issues audit protocol and targets over 800 entities—business associates too

Robinson+Cole Data Privacy + Security Insider on 4/21/2016

The Office for Civil Rights (OCR) has issued its revamped audit protocol for its second phase of auditing covered entities and business associates’ compliance with the HIPAA Privacy, Security and Breach Notification Rules....more

How to Prepare for the Next Round of HIPAA Audits

Bryan Cave Leighton Paisner on 4/18/2016

Nearly two years after the Office of Civil Rights (“OCR”) first announced its preparation for another round of HIPAA audits, Phase II of OCR’s HIPAA audit program is finally underway. On March 21, OCR began emailing...more

HIPAA Audits Coming Your Way – Are You Ready?

Ballard Spahr LLP on 4/13/2016

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

OCR Announces Beginning of 2016 HIPAA Phase 2 Audit Program

BakerHostetler on 4/8/2016

The OCR recently announced the beginning of the next phase of the HIPAA Privacy, Security, and Breach Notification Audit Program and indicated that it will review the policies and procedures implemented by covered entities...more

Have You Checked Your SPAM Folder Recently?

Bryan Cave Leighton Paisner on 4/6/2016

Nearly two years after the Office of Civil Rights (“OCR”) first announced its preparation for another round of HIPAA audits, Phase II of OCR’s HIPAA audit program is finally underway. On March 21, OCR began emailing...more

Be Prepared: Phase 2 HIPAA Audits Set to Begin

Saul Ewing LLP on 4/1/2016

On March 21, 2016, the U.S. Department of Health and Human Services, Office for Civil Rights (“OCR”), announced the launch of the 2016 Phase 2 Health Insurance Portability and Accountability Act of 1996 (“HIPAA”) Audit...more

OCR Phase 2 HIPAA Audits Are Here: What to Expect While You’re Expecting (an Audit)

Davis Wright Tremaine LLP on 3/29/2016

The Phase 2 audit program for HIPAA compliance is under way. The U.S. Department of Health and Human Services’ Office for Civil Rights (OCR) announced that it had launched the Phase 2 audits to examine and assess how covered...more

Phase 2 of HIPAA Audits Is Underway – Covered Entities and Business Associates Beware

Akerman LLP - Health Law Rx on 3/23/2016

The U.S. Department of Health and Human Services Office of Civil Rights (OCR) recently announced that it has started obtaining and verifying entity contact information to identify covered entities and business associates for...more

OIG Reports Insufficient Oversight Of HIPAA Compliance

King & Spalding on 10/12/2015

The HHS Office for Civil Rights (OCR) must improve its oversight and enforcement of patient information privacy and security rules by “covered entities” and their business associates under the Health Information Portability...more

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