News & Analysis as of

Department of Health and Human Services (HHS) Health Insurance Portability and Accountability Act (HIPAA) Disclosure

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

Chambliss, Bahner & Stophel, P.C.

OCR Finalizes Post-Dobbs HIPAA Regulatory Changes Impacting Health Care Organizations

On April 22, 2024, the Office for Civil Rights (OCR) at the U.S. Department of Health and Human Services announced final regulatory updates to the Privacy Rule under the Health Insurance Portability and Accountability Act of...more

J.S. Held

Litigation Surge From the Use of Tracking Technology & the Sharing of Healthcare and Personal Data

J.S. Held on

Introduction: Tracking Software in the Healthcare Industry - Privacy-related concerns have become increasingly prominent in recent years, especially with the widespread use of third-party tracking tools such as tracking...more

Spilman Thomas & Battle, PLLC

OCR and HIPAA Compliance – The Next Step

Recently, lawsuits have been filed against Duke and WakeMed regarding their use of Meta’s Meta Pixel tracking product and the alleged improper disclosure of patients’ protected health information (“PHI”). The U.S. Department...more

Pullman & Comley - Connecticut Health Law

Factors for Connecticut Health Providers to Consider When Responding to “Required by Law” Requests for Disclosure of Protected...

In June 2022, the HHS Office for Civil Rights issued new HIPAA Privacy Rule Guidance in response to the Supreme Court’s decision in Dobbs v Jackson Women’s Health Organization and state legislation which followed the decision...more

K&L Gates LLP

Privacy of Health Information After Dobbs: OCR Guidance on Disclosures of PHI and the Privacy of Personal Information on Devices

K&L Gates LLP on

On 28 June 2022, in the wake of the U.S. Supreme Court’s ruling in Dobbs vs. Jackson Women’s Health Organization, the U.S. Department of Health and Human Services (HHS) Secretary Xavier Becerra directed the Office for Civil...more

Troutman Pepper

OCR Issues Guidance Regarding Disclosures Related to Reproductive Health Care

Troutman Pepper on

In the wake of the Supreme Court’s decision to overturn Roe v. Wade, which interpreted a right to abortion in the Constitution through the 14th Amendment, the Department of Health and Human Services (HHS) Office of Civil...more

Cozen O'Connor

Office of Civil Rights Releases Patient Privacy Guidance in the Wake of Dobbs Decision

Cozen O'Connor on

Patient privacy concerns are at an all-time high following the Supreme Court’s ruling in Dobbs v. Jackson Women’s Health Organization. Following their statements affirming that abortion constitutes basic and essential health...more

Rivkin Radler LLP

OCR Issues Guidance on COVID-19 Vaccination Disclosures and HIPAA

Rivkin Radler LLP on

On September 30, the U.S. Department of Health and Human Services’ Office for Civil Rights (OCR) announced that it issued guidance to clarify that the HIPAA Privacy Rule does not prohibit businesses from asking customers,...more

Bricker Graydon LLP

[Webinar] HIPAA in 2021: Proposed Changes to the Privacy Rule - January 25th, 12:00 pm - 1:00 pm EST

Bricker Graydon LLP on

On December 10, 2020, the Department of Health and Human Services (HHS) announced proposed revisions to the HIPAA Privacy Rule that would significantly impact the day-to-day operations of HIPAA covered entities. In this...more

McDermott Will & Emery

OCR Issues Proposed Modifications to HIPAA Privacy Rule to Remove Barriers to Coordination of Care and Reduce Regulatory Burden

McDermott Will & Emery on

On December 10, 2020, the US Department of Health and Human Services (HHS) Office for Civil Rights (OCR) issued a Notice of Proposed Rulemaking (NPRM) with proposed modifications to the Standards for the Privacy of...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

Morgan Lewis - ML Benefits

HIPAA Privacy Rule Still Applies for Employers Amid 2019 Novel Coronavirus Outbreak

Since the 2019 Novel Coronavirus (COVID-19) was first detected in December, the death toll has continued to rise as the virus quickly spreads. Centers for Disease Control (CDC) officials have stated that while the immediate...more

Robinson+Cole Data Privacy + Security Insider

HHS Issues Timely Reminder of Applicability of HIPAA to Outbreak Situations

On February 3, 2020, the U.S. Department of Health and Human Services (HHS) issued a bulletin (the Bulletin) to remind covered entities and business associates of how patient information may be shared under HIPAA in the event...more

Foley & Lardner LLP

HIPAA: OCR Releases New FAQs Clarifying Disclosures Amongst Covered Entities

Foley & Lardner LLP on

On June 26, 2019, the Department of Health and Human Services Office for Civil Rights (OCR) issued two new FAQs that clarify: The parameters around covered entities sharing protected health information (PHI) for a...more

Holland & Knight LLP

Public Information is Still Protected by HIPAA

Holland & Knight LLP on

Allergy Associates of Hartford, P.C., entered into a Resolution Agreement and agreed to pay $125,000 to the U.S. Department of Health and Human Services, Office for Civil Rights (HHS) in order to settle certain Health...more

Holland & Knight LLP

A New HIPAA Accounting Rule on the Horizon?

Holland & Knight LLP on

Under HIPAA, patients have a right to information about certain disclosures, referred to as an accounting. Under the current iteration of the regulations, covered entities and business associates need not account for...more

Snell & Wilmer

Required Reporting of Privileged Information

Snell & Wilmer on

Arizona physicians must report to the Medical Board “any information that appears to show that a doctor of medicine is or may be medically incompetent, is or may be guilty of unprofessional conduct or is or may be mentally or...more

McDermott Will & Emery

New HIPAA Privacy Rule Permits Disclosures to Background Check System

McDermott Will & Emery on

On January 6, 2016, the U.S. Department of Health and Human Services (HHS) issued a final rule amending the Health Insurance Portability and Accountability Act (HIPAA) Privacy Rule to strengthen the current background check...more

Blank Rome LLP

Health Care Providers Responding to Ebola: HHS Issues Guidance Reminding Covered Entities that HIPAA Allows the Sharing of PHI in...

Blank Rome LLP on

The Department of Health and Human Services (“HHS”) Office of Civil Rights (“OCR”) has issued guidance to remind HIPAA-covered entities of the ways in which they are permitted under HIPAA to share protected health information...more

Cozen O'Connor

“Cha-Ching” – HIPAA Settlement Reaches New Heights and Signals More To Come

Cozen O'Connor on

In the largest HIPAA enforcement action to date, the Department of Health and Human Services (HHS) Office for Civil Rights (OCR) extracted $4.8 million from two leading New York institutions, New York-Presbyterian Hospital...more

Franczek P.C.

HHS Releases Guidance On Disclosure Of Mental Health Information Under HIPAA

Franczek P.C. on

The HHS Office for Civil Rights issued guidance in question-and-answer format clarifying when a provider may release information regarding a patient’s mental health to family members, friends, law enforcement, and others. The...more

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