News & Analysis as of

Covered Entities Breach Notification Rule

Health Care Compliance Association (HCCA)

OCR: Rule Halts Disclosures Under ‘Presumption of Lawfulness,’ Shares Model Attestation Form

Attestations are at the heart of permissible disclosures under the HHS Office for Civil Rights’ (OCR) new reproductive health privacy rule—and OCR wants covered entities (CEs) and business associates (BA) to use them now. The...more

Fenwick & West LLP

Change Breach Results in Notification Clarity

Fenwick & West LLP on

On May 31, 2024, more than four months after the February 2024 Change Healthcare ransomware attack, the U.S. Department of Health and Human Services (HHS) Office for Civil Rights (OCR) updated its Change Healthcare FAQs. ...more

Holland & Knight LLP

HIPAA Breach Notice Can Be Delegated to Change Healthcare

Holland & Knight LLP on

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

Holland & Hart LLP

Avoiding HIPAA Penalties: A Checklist for Covered Entities

Holland & Hart LLP on

The HIPAA Privacy, Security, and Breach Notification Rules apply to healthcare providers who engage in certain electronic transactions, healthcare clearinghouses, and health plans, including employee group health plans with...more

BakerHostetler

FTC Vastly Expands Reach of the Health Breach Notification Rule

BakerHostetler on

On April 26, the Federal Trade Commission (FTC) announced its final rule (Final Rule) making changes to the Health Breach Notification Rule (HBNR)....more

ArentFox Schiff

Key Takeaways from OCR’s CY22 HIPAA Reports to Congress

ArentFox Schiff on

On February 14, the US Department of Health and Human Services (HHS) Office for Civil Rights (OCR) issued its annual reports to Congress detailing its actions to enforce the privacy, security, and breach notification...more

Benesch

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

Benesch on

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

BakerHostetler

HHS OCR Provides Annual Report to Congress Detailing 2022 Enforcement Activities

BakerHostetler on

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

Health Care Compliance Association (HCCA)

OCR Targets Three Dentists in New Enforcement Actions; Nixes Political Use of PHI, Review Backlash

Report on Patient Privacy 22, no. 4 (April, 2022) - By many measures, David Northcutt’s unsuccessful 2018 bid for the Alabama senate was a costly one. Northcutt, a dentist, loaned his campaign $73,000 throughout the...more

Davis Wright Tremaine LLP

The Clock Is Ticking: HIPAA Small Breach Notifications Due March 1st

March 1, 2022, is the date by which HIPAA-covered entities must notify the U.S. Department of Health and Human Services Office for Civil Rights (OCR) of "small" breaches of unsecured protected health information that were...more

Holland & Knight LLP

Important FTC Rules for Health Apps Outside of HIPAA

Holland & Knight LLP on

The Federal Trade Commission (FTC) adopted a policy statement on Sept. 15, 2021, emphasizing that developers of digital health apps, connected devices and other health products have obligations under the Health Breach...more

McDermott Will & Emery

[Webinar] Protecting the Telehealth Consumer: FTC and State-Based Considerations - June 22nd, 12:00 pm - 1:00 pm EDT

McDermott Will & Emery on

As the COVID-19 pandemic in the United States is easing, telemedicine is facing an important crossroads. While telehealth services have demonstrated their value as an integral part of care delivery, federal and state waivers...more

Davis Wright Tremaine LLP

Calendar Year 2020 HIPAA Small Breach Notifications Due March 1, 2021

March 1, 2021, is the due date for HIPAA-covered entities to notify the U.S. Department of Health and Human Services Office for Civil Rights (OCR) about "small" breaches of unsecured protected health information discovered...more

Health Care Compliance Association (HCCA)

[Event] Healthcare Privacy Compliance Academy - November 2nd - 5th, Nashville, TN

Dive into a broad spectrum of topics affecting healthcare organizations. Explore the latest laws, regulations, and developments to help you effectively manage your organization’s privacy compliance program. Our Academies are...more

Butler Snow LLP

Privacy Versus Pandemic: Must HIPAA Yield to a Public Health Emergency?

Butler Snow LLP on

The worldwide COVID-19 pandemic visited on America in the past several months has quickly reinvigorated the foundational and important debate concerning where, in a free society, individual autonomy ends (or should end) and...more

Foley & Lardner LLP

HIPAA: Failure to Report Breach Costs Hospital $2.175 Million

Foley & Lardner LLP on

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

Mintz - Health Care Viewpoints

HIPAA Updates: New Guidance for Business Associates and Continued Data Breaches

The HHS Office for Civil Rights (OCR) released a new guidance document regarding which HIPAA violations business associates (BAs) can and cannot be held directly liable for. In the guidance, OCR states that BAs can be held...more

Saul Ewing LLP

OCR Clarifies Direct Liability of Business Associates Under HIPAA

Saul Ewing LLP on

On May 24, 2019, the U.S. Department of Health and Human Services (HHS), Office for Civil Rights (OCR), released a new fact sheet describing 10 ways in which a “business associate” can be liable under HIPAA. ...more

Snell & Wilmer

HHS to Start Randomly Selecting Health Plans for HIPAA Compliance – Are You Ready?

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The CMS Division of National Standards, on behalf of HHS, is launching the Compliance Review Program (the “Program”) to ensure compliance among covered entities with HIPAA Administrative Simplification rules for electronic...more

Patterson Belknap Webb & Tyler LLP

The Long Arm of HIPAA: Furniture Maker Reports Healthcare Hack

When you think about reporting a healthcare data breach to authorities, family-owned furniture manufacturers nestled in the serenity of North Carolina aren’t exactly at the top of the list....more

Eversheds Sutherland (US) LLP

Vietnam sheds light on impending cybersecurity law

As this eventful year for new privacy and cybersecurity regulations winds down, multinational companies still need to look ahead to new regulations that will come online in 2019, including Vietnam’s Law on Cybersecurity. ...more

BCLP

Healthcare Data Breach Enforcements and Fines

BCLP on

The Department of Health and Human Services’ (“HHS”) Office for Civil Rights (“OCR”) is responsible for enforcing the Privacy and Security Rules of the Health Insurance Portability and Accountability Act of 1996 (“HIPAA”)....more

Mitchell, Williams, Selig, Gates & Woodyard,...

Hospitals In The Crosshairs: Managing Cybersecurity Risk (Part 1)

From the recent headline-grabbing attacks on hospitals and municipalities, the specter of cybersecurity threats looms large. As a result, spending on cybersecurity initiatives is expected to reach $96 billion this year....more

Ward and Smith, P.A.

HIPAA: Responding to Law Enforcement and Administrative Requests and Demands Part I

Ward and Smith, P.A. on

The Health Insurance Portability and Accountability Act ("HIPAA") Privacy Rule attempts to strike a balance between the protection of a patient's privacy and the performance of important law enforcement functions. This...more

Holland & Hart LLP

Minimizing Liability For Business Associate Misconduct

Holland & Hart LLP on

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

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