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Covered Entities Civil Monetary Penalty Office of Civil Rights

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

Health Care Compliance Association (HCCA)

Privacy Briefs: May 2024

Kaiser Permanente is notifying 13.4 million current and former members that their personal information may have been compromised when it was transmitted to tech giants Google, Microsoft Bing and X (formerly Twitter) when...more

Holland & Hart LLP

Business Associate Agreements: Requirements and Suggestions

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The HIPAA Privacy and Security Rules generally require covered entities (including most healthcare providers) to execute written agreements (“business associate agreements” or “BAAs”) with their business associates before...more

ArentFox Schiff

Disclosing Patient Information in Responses to Online Reviews: Recent OCR Enforcement Action Is a Cautionary Tale

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The HHS Office for Civil Rights (OCR) recently imposed a $50,000 civil monetary penalty on a dental practice that disclosed patient-identifying information in response to a negative online review. The case is a reminder that...more

Health Care Compliance Association (HCCA)

OCR: Current Fines Too Low to Spur Compliance; Agency Also Seeks Funding Boost, Injunctive Relief

Report on Patient Privacy 22, no. 5 (May, 2022) - Compared to other agencies, the HHS Office for Civil Rights (OCR) is a little fish in the big federal pond, but it has an outsize effect on HIPAA covered entities (CEs) and...more

Baker Donelson

Office For Civil Rights Seeks Input on Implementation of HITECH Amendments

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On April 6, 2022, the U.S. Department of Health and Human Services (HHS) Office for Civil Rights (OCR) released a Request for Information (RFI) seeking public comment on "recognized security practices" and on sharing civil...more

Health Care Compliance Association (HCCA)

Facing Escalating Attacks, AHA Presses OCR to Expedite Security Practices Rule

Report on Patient Privacy 21, no. 12 (December, 2021) - Amid the letters of congratulations to new HHS Office for Civil Rights (OCR) Director Lisa Pino is a plea from the American Hospital Association (AHA): “victims” of...more

Faegre Drinker Biddle & Reath LLP

Fifth Circuit Decision Motivates Covered Entities to Appeal Unreasonable Enforcement Outcomes

The United States Court of Appeals for the Fifth Circuit (the “Court”) vacated a $4,348,000 civil monetary penalty (“CMP”) imposed by the U.S. Department of Health and Human Services’ Office for Civil Rights (“HHS-OCR”) in...more

McGuireWoods LLP

5th Circuit Weakens HHS’ Ability to Enforce HIPAA Safeguards

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Healthcare providers and other covered entities are not required by HIPAA regulations to have “bulletproof” protections for safeguarding patient information stored in electronic form, according to a January 14, 2021 decision...more

Mintz - Privacy & Cybersecurity Viewpoints

A New Decade of HIPAA – What Can We Expect?

As the decade winds down, it’s hard to believe that the HIPAA Privacy and Security Rules are almost twenty years old. It has been ten years since the U.S. Department of Health and Human Services (HHS) Office for Civil Rights...more

Health Care Compliance Association (HCCA)

As MD Anderson Keeps Up Its Legal Fight, U. Rochester Pays OCR $3M

Report on Research Compliance 17, no. 1 (January 2020) - Ah, those pesky residents. If you’re a teaching hospital, you can’t live without them, right? But sometimes living with them is mighty costly, as the University of...more

Faegre Drinker Biddle & Reath LLP

$2.15 Million Civil Money Penalty for HIPAA Violations

The Office for Civil Rights (OCR) at the U.S. Department of Health and Human Services imposed a $2,154,000 civil money penalty (CMP) against Jackson Health System (JHS) for violations of the Health Insurance Portability and...more

King & Spalding

OCR Imposes $2.15 Million Penalty Against Hospital System for Alleged HIPAA Violations

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On October 23, 2019, the Office for Civil Rights (OCR) at HHS announced the imposition of a $2,154,000 civil monetary penalty against a Florida hospital system (Hospital System) for alleged violations of the HIPAA Security...more

Tucker Arensberg, P.C.

$2,154,000 Civil Money Penalty for Numerous HIPAA Violations by Jackson Health System

Tucker Arensberg, P.C. on

On October 23, 2019, the U.S. Department of Health and Human Services, Office for Civil Rights (“HHS”) announced a $2,154,000 civil money penalty for numerous violations of the Health Insurance Portability and Accountability...more

McDermott Will & Emery

OCR Corrects Past Misinterpretation of HIPAA Annual Penalty Limits, Signaling Potential Relief for Entities Facing Enforcement

McDermott Will & Emery on

On April 26, 2019, the US Department of Health and Human Services (HHS), Office for Civil Rights (OCR) issued a Notification of Enforcement Discretion Regarding HIPAA Civil Money Penalties (the Notice) to inform the public...more

Ballard Spahr LLP

HHS Decreases Maximum HIPAA Penalties

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The Department of Health and Human Services has announced that it is lowering the maximum amount it will assess for most types of HIPAA violations. Although the change is couched as an exercise of discretion, HHS states that...more

Mintz - Health Care Viewpoints

Physician's Response to a Public Patient Complaint Leads to Penalty under HIPAA

The U.S. Department of Health and Human Services (HHS), Office for Civil Rights (OCR) recently announced a no-fault settlement, including a $125,000 penalty and a two year corrective action plan for Allergy Associates of...more

Sheppard Mullin Richter & Hampton LLP

Are You a “Hybrid Entity” under the Health Insurance Portability and Accountability Act of 1996? The $4,348,000 Question

A single, multidisciplinary entity, like a university, may include certain departments that use PHI, and other departments that do not. Such institutions are eligible to (and should) self-identify as “hybrid entities” to...more

Locke Lord LLP

OCR For The Win: MD Anderson HIPAA Enforcement Action

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Once again, an Administrative Law Judge (“ALJ”) upheld the imposition of civil money penalties charged against a covered entity by the Office for Civil Rights of the Department of Health and Human Services (“OCR”) for...more

Perkins Coie

Recent HIPAA Privacy and Security Settlements and Lessons Learned

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Although the fate of the Affordable Care Act remains undecided, enforcement of the HIPAA privacy and security regulations by the Office for Civil Rights (OCR) of the U.S. Department of Health and Human Services is ongoing,...more

Williams Mullen

2017 HIPAA Enforcement: New Settlements and Penalties Already Total Over $11,000,000

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In our last post, we highlighted the 2016 settlements between the Office for Civil Rights (OCR) and various covered entities (and business associates), in one of OCR’s most active years. As of now, 2017 is proving to be on...more

BCLP

How to Avoid Being the Next OCR Target for a HIPAA CMP

BCLP on

In 2016, the Office for Civil Rights (“OCR”) imposed civil monetary penalties (“CMPs”) of over $22.8 million on 12 entities, including a business associate. The most frequent violations of the Health Insurance Portability and...more

Mintz - Health Care Viewpoints

Latest OCR HIPAA Settlement Provides Lessons for Covered Entities

Capping off a busy month of HIPAA settlements, on August 4, the Office for Civil Rights (“OCR”) announced a $5.55 million settlement with Advocate Health Care Network (“Advocate”), the largest fully-integrated healthcare...more

Jackson Lewis P.C.

HIPAA and $15 Million in 2016

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For years, many questioned whether the HIPAA privacy and security rules would be enforced. The agency responsible for enforcement, Health and Human Services’ Office for Civil Rights (OCR), promised it would enforce the rules,...more

Poyner Spruill LLP

First Ever OCR Settlement of Enforcement Action against HIPAA Business Associate Due to PHI Breach

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On June 30, the Office of Civil Rights (OCR) announced the first HIPAA settlement agreement with a business associate. This follows recent settlements with two HIPAA covered entities under HIPAA due, in large part, to the...more

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