News & Analysis as of

Department of Health and Human Services (HHS) Business Associates Agreement (BAA)

Gardner Law

Amidst Legal Fight, HHS Revises Online Tracking Guidance

Gardner Law on

On March 18, 2024, the Office for Civil Rights (OCR) of the U.S. Department of Health and Human Services (HHS) issued revised guidance on the use of tracking technologies by HIPAA-covered entities and business associates....more

Health Care Compliance Association (HCCA)

[Event] Regional Healthcare Compliance Conference - March 1st, St. Louis, MO

Looking for compliance education and networking in your area? HCCA’s Regional Healthcare Compliance Conferences offer practitioners convenient, local compliance education on a wide variety of current and emerging topics...more

Hendershot Cowart P.C.

HIPAA & Telemedicine in Texas: Are Audio-Only Telemedicine Services Allowed?

In June 2022, the U.S. Department of Health and Human Services (HHS) issued new guidance on the use of remote communication technologies to deliver audio-only telemedicine in compliance with the Health Insurance Portability...more

Mintz - Health Care Viewpoints

Are You Ready? How to Prepare for the End of OCR’s Public Health Emergency HIPAA Enforcement Discretion

In April, 2020, in an effort to facilitate a national pivot to telehealth in light of the COVID-19 Public Health Emergency (PHE), the U.S. Department of Health & Human Services Office for Civil Rights (OCR) announced a policy...more

Quarles & Brady LLP

It’s the End of the PHE as We Know It

Quarles & Brady LLP on

The Biden Administration announced that the federal COVID-19 Public Health Emergency (PHE) will expire at the end of the day on May 11, 2023. As we draw closer to the expiration date of the PHE, do you feel fine about your...more

Procopio, Cory, Hargreaves & Savitch LLP

HIPAA and Cookies: A Potentially Dangerous Combination

Websites using data tracking and collection software risk potentially serious consequences under the Health Insurance Portability and Accountability Act of 1996, commonly referred to as “HIPAA.” In a Bulletin issued December...more

King & Spalding

OCR Publishes Bulletin on HIPAA’s Requirements for Online Tracking Technology

King & Spalding on

On December 1, 2022, the HHS Office for Civil Rights (OCR) issued a bulletin on the requirements imposed by the Health Insurance Portability and Accountability Act of 1996 (HIPAA) for online tracking technologies regarding...more

King & Spalding

HHS Office for Civil Rights Issues Guidance Regarding HIPAA Requirements for Online Tracking Technologies

King & Spalding on

On December 1, the Office for Civil Rights (OCR) at the U.S. Department of Health and Human Services provided guidance on the intersection of the Health Insurance Portability and Accountability Act (HIPAA) and the use of...more

Epstein Becker & Green

HHS Warns HIPAA Covered Entities and Business Associates That Use of Website Cookies, Pixels and Other Tracking Technology May...

Epstein Becker & Green on

On December 1, 2022, the Office for Civil Rights (OCR) at the U.S. Department of Health and Human Services (HHS) published a bulletin warning that commonly used website technologies, including cookies, pixels, and session...more

Stevens & Lee

Overview of HHS Guidance on Audio-Only Telehealth Services

Stevens & Lee on

The COVID-19 pandemic accelerated the evolution of the role of technology in medical care, giving rise to novel issues in the absence of formal governmental guidance. Responding to certain challenges brought on by the...more

Foley & Lardner LLP

HIPAA & Telehealth: FAQs from HHS Guidance on Audio-Only Telehealth

Foley & Lardner LLP on

Preparation for operations after the end of the Public Health Emergency (PHE) have commenced. HHS released guidance on using remote communication technologies for audio-only telehealth services in compliance with HIPAA. In...more

McCarter & English Blog: Government Contracts...

Prevention v. Cure: Supply Chain Hygiene Is The Key To Defending Enforcement

As COVID-19 antibodies begin flooding the immune systems of most Americans, it is important to remember the important role that hygiene has played over the past fifteen months. For many, the risks and dangers of the pandemic...more

Health Care Compliance Association (HCCA)

After a Breach Is Too Late: Ensure BA, Subcontractor Compliance Now

Report on Patient Privacy 21, no. 3 (March 2021) - Sometime during the fall, a worker for a subcontractor of Humana Inc. decided to share actual member information from medical records via a Google document with people he...more

Carlton Fields

Health Care Providers Are Under Attack. Are You Ready for 2021?

Carlton Fields on

2020 can rightfully be called the year for remote health care. Fueled by necessity and accompanying loosened regulations, telehealth and the demand for remote patient monitoring boomed. Signs that this progress is here to...more

K&L Gates LLP

K&L Gates Triage: HIPAA: Do Hospitals Need a Business Associate Agreement with their Health System Parent Corporation?

K&L Gates LLP on

In this week’s episode, Rebecca Schaefer and Hannah Maroney discuss a string of recent HIPAA enforcement actions which demonstrate that the HHS Office of Civil Rights (OCR), the agency tasked with enforcing HIPAA, is...more

Buchalter

First Circuit Decision Underlines Risk of Criminal HIPAA Enforcement

Buchalter on

On August 6, 2020, the U.S. Court of Appeals for the First Circuit affirmed the conviction of Massachusetts gynecologist Rita Luthra for criminal HIPAA violations and obstructing a health care investigation. Although such...more

Foley & Lardner LLP

COVID-19: HHS Permits Business Associates to Use and Disclose PHI for Public Health and Health Oversight Purposes Without Amending...

Foley & Lardner LLP on

The Department of Health and Human Services (HHS) announced on April 2 that HHS is exercising its enforcement discretion to permit business associates to use and disclose protected health information (PHI) for public health...more

Holland & Hart - Health Law Blog

Use of PHI for Non-Patient Purposes

In an era of decreasing reimbursement and rapidly expanding opportunities associated with “big data”, healthcare entities may be looking for ways to monetize protected health information (“PHI”) for their own, non-patient...more

Health Care Compliance Association (HCCA)

'Misinterpretation' of Breach Rule, Lack of Internal BAA Cost Hospital Group $2.1M

Report on Patient Privacy 19, no. 12 (December 2019) - Sentara Hospitals, a nonprofit group of 12 medical centers in Virginia and North Carolina, will implement a fairly minimal two-year corrective action plan (CAP) and...more

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