News & Analysis as of

Covered Entities Breach Notification Rule Office of Civil Rights

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

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

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

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

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

Ruder Ware

Lessons Learned from Recent OCR Settlements

Ruder Ware on

We can learn some valuable lessons about compliance with the Health Insurance Portability and Accountability Act of 1996 (HIPAA) from settlements that are announced by the U.S. Department of Health and Human Services, Office...more

Mintz - Health Care Viewpoints

Recent HIPAA Enforcement Actions

The U.S. Department of Health and Human Services, Office for Civil Rights (OCR) recently announced the first ever settlement related to a Covered Entity’s untimely breach notification in violation of HIPAA. Presence Health,...more

Davis Wright Tremaine LLP

Time Waits for No One: OCR Announces First HIPAA Settlement for Lack of Timely Breach Notification

On Jan. 9, 2017, the Department of Health and Human Services Office for Civil Rights (“OCR”) announced the first HIPAA enforcement action for failure to timely report a breach. Often investigating and making formal...more

Obermayer Rebmann Maxwell & Hippel LLP

Time is of the Essence When Reporting a Breach of PHI

The failure to timely report a breach of unsecured protected health information (PHI) has cost Presence Health (one of the largest health systems in Illinois) almost half of a million dollars. Earlier this month,...more

Arnall Golden Gregory LLP

HHS OCR Levies Significant HIPAA Penalties in a Series of Recent Settlements: Covered Entities and Business Associates Alike...

Between June and November 2016, the Department of Health and Human Services Office of Civil Rights (HHS OCR) has announced seven high-dollar settlements to resolve alleged violations of the HIPAA privacy, security, and breach...more

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