News & Analysis as of

Covered Entities Breach Notification Rule Health Care Providers

Holland & Knight LLP

HIPAA Breach Notice Can Be Delegated to Change Healthcare

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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

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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

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

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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

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

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?

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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

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

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

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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

Robinson+Cole Data Privacy + Security Insider

Lessons Learned from Recent OCR HIPAA Audits

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

Carlton Fields

New HHS Cybersecurity Preparedness Checklist

Carlton Fields on

The Department of Health and Human Services’ Office of Civil Rights (OCR) recently published a checklist to guide HIPAA-covered entities and business associates through an appropriate response to a ransomware or cybersecurity...more

Snell & Wilmer

HIPAA Checkup – How Good Are Your Policies and Procedures?

Snell & Wilmer on

Although it is not a new requirement, it is important and therefore worth a reminder: HIPAA requires covered entities to establish and implement written policies and procedures that are consistent with its Privacy and...more

Davis Wright Tremaine LLP

HIPAA Small Breach Notification Due March 1: “In Like a Lion, Out Like a Lamb” if You Submit Timely

March 1, 2017 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

BakerHostetler

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

BakerHostetler on

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

Ballard Spahr LLP

HHS Designates Cloud Service Providers as Business Associates Under HIPAA

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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

Bradley Arant Boult Cummings LLP

Taking Measure of HIPAA Enforcement

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

Winstead PC

No HIPAA Hall Pass for Business Associates and Small Breaches

Winstead PC on

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

Patterson Belknap Webb & Tyler LLP

HSS Issues New Guidance on Ransomware Attacks Against HIPAA-Covered Entities

Ransomware attacks at hospitals and other healthcare facilities have dramatically increased over the last several years, putting healthcare providers in the uncomfortable position of having to consider paying thousands of...more

Foley & Lardner LLP

Ransomware Reporting Requirements & New HHS Guidance

Foley & Lardner LLP on

Ransomware is malicious software that denies access to data, usually by encrypting the data with a private encryption key that is only provided once a ransom is paid. Sometimes the ransomware will actually destroy, steal, or...more

Mintz - Health Care Viewpoints

OCR Sends Notification Letters to Phase 2 HIPAA Auditees

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

Ballard Spahr LLP

Check Your Desk: HIPAA Audits for Covered Entities Have Arrived

Ballard Spahr LLP on

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

Mintz - Health Care Viewpoints

“Your Money or Your PHI”: OCR Releases Guidance on Ransomware

On July 11, 2016, the Office for Civil Rights (OCR) released important new guidance on ransomware for hospitals and other healthcare providers and finally addressed the question of whether electronic protected health...more

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