News & Analysis as of

Department of Health and Human Services (HHS) Office of Civil Rights Health Information Technologies

Quarles & Brady LLP

HHS OCR Withdraws Tracking Technologies Appeal in AHA v. Becerra

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On August 29, 2024, the U.S. Department of Health and Human Services (HHS) Office for Civil Rights (OCR) withdrew its appeal of the U.S. District Court for the Northern District of Texas’s (Court) June 20, 2024 decision in...more

McDermott Will & Emery

HHS’s CARES Act Final Rule Better Aligns Part 2 Substance Use Disorder Patient Records Confidentiality Regulations with HIPAA

McDermott Will & Emery on

On February 8, 2024, the US Department of Health and Human Services (HHS) Office for Civil Rights (OCR) and Substance Abuse and Mental Health Services Administration (SAMHSA) jointly issued a final rule to amend the...more

King & Spalding

OCR Issues Revised Guidance on Use of Online Tracking Technologies as AHA Lawsuit Looms

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On March 18, 2024, the Office for Civil Rights (OCR) of the Department of Health and Human Services (HHS) updated the guidance first issued in December 2022 regarding the use of online tracking technologies in the...more

ArentFox Schiff

OIG Finalizes Rule Authorizing Civil Monetary Penalties Against Information Blocking Violators

ArentFox Schiff on

A final rule published on July 3, 2023, empowers the US Department of Health and Human Services (HHS) Office of Inspector General (OIG) to impose civil monetary penalties (CMP) of up to $1 million for unlawful acts of...more

McDermott Will & Emery

FTC and HHS-OCR Spotlight Use of Tracking Tech by Healthcare Providers

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On Thursday, July 20, 2023, the Federal Trade Commission and HHS Office for Civil Rights issued a rare joint press release announcing that approximately 130 hospital systems and telehealth providers received a letter alerting...more

Bond Schoeneck & King PLLC

2022 Health Law Outlook

Eye on Health Information Exchange, Data Privacy and Alignment of Federal Standards – Information Blocking, HIPAA Updates and Part 2 Flexibility As we struggle to emerge from the effects of the pandemic, several key federal...more

Woods Rogers

Patient’s Right to Access Medical Records: HHS-OCR Targets Healthcare Providers Large and Small

Woods Rogers on

Elizabeth Barry Heddleston Associate Now is a great time for healthcare providers to assess their compliance with HIPAA’s right of access requirements. Not only is this a hot area of enforcement, patients’ rights to access...more

Rivkin Radler LLP

Warning: OCR HIPAA Audits Reveal Widespread Noncompliance

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The U.S. Department of Health and Human Services’ Office for Civil Rights (OCR) recently released an audit report on HIPAA compliance by 166 covered entities and 41 business associates during 2016-2017. The audits included...more

Foley Hoag LLP - Security, Privacy and the...

Proposed Amendments to HIPAA Regulations to “Empower Patients, Improve Coordinated Care, and Reduce Regulatory Burdens”

Nearly 20 years to the day after the first HIPAA privacy regulations were announced, HHS has posted proposed revisions to HIPAA, evidence that even after twenty years, HIPAA privacy remains a work in progress. These proposed...more

Foley Hoag LLP - Security, Privacy and the...

Cybersecurity 2020 — The Year in Preview: Changes in Health Data Privacy Legislation

Editors’ Note: This is the fourth in our fourth-annual end-of-year series examining important trends in data privacy and cybersecurity in the coming year. Our previous entry discussed the CCPA, energy, and Brexit. Up next:...more

Health Care Compliance Association (HCCA)

Report on Medicare Compliance Volume 28, Number 40. News Briefs - November 2019 #2

Report on Medicare Compliance Volume 28, Number 40. (November 11, 2019) - - In a new Medicare compliance review, the HHS Office of Inspector General (OIG) said Angels Care Home Health in Salina, Kansas, didn’t comply with...more

Sheppard Mullin Richter & Hampton LLP

Information Blocking And The Right To Access Initiative: Why Patients Struggle to Obtain their Medical Records and what the Office...

Access to healthcare information (or lack thereof) has always been touted as one of the key factors/necessities to realizing the promise of technology in the delivery of healthcare. Despite various legislative, judicial,...more

Bradley Arant Boult Cummings LLP

Summary Judgment: Recent HIPAA Case Emphasizes Encryption, Action on Risk Analysis - AHLA Health Information and Technology...

On June 18, 2018, the U.S. Department of Health and Human Services (“HHS”) Office for Civil Rights (“OCR”) announced that an HHS Administrative Law Judge (“ALJ”) granted summary judgment to OCR in an enforcement action...more

Bass, Berry & Sims PLC

21st Century Cures Act - HIPAA & Other Privacy Considerations

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On December 13, 2016, President Obama signed the 21st Century Cures Act (the Cures Act) into law. The Cures Act addresses a wide range of healthcare topics including clinical research, treatment of mental health and substance...more

McDermott Will & Emery

OCR Explains How Information Blocking Violates HIPAA

McDermott Will & Emery on

The US Department of Health and Human Services Office for Civil Rights recently posted guidance clarifying that a business associate such as an information technology vendor generally may not block or terminate access by a...more

McCarter & English, LLP

Health Law Insights Newsletter - Issue 7 - March 2016

McCarter & English, LLP’s Health Care Group presents Issue 7 of the Health Law Insights, which discusses the latest legal issues in the health care industry. NATIONAL - Providers’ Obligation to Report Medicare...more

Mintz - Health Care Viewpoints

OCR Launches Platform for Developer HIPAA Questions

The HHS Office for Civil Rights (OCR) has released a new platform to provide mobile health developers (and any other interested stakeholders) a sounding board to ask questions, voice concerns, and “spitball” ideas about HIPAA...more

King & Spalding

OIG Reports Insufficient Oversight Of HIPAA Compliance

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The HHS Office for Civil Rights (OCR) must improve its oversight and enforcement of patient information privacy and security rules by “covered entities” and their business associates under the Health Information Portability...more

Womble Bond Dickinson

Is Your HIPAA Compliance Program Ready for the FTC?

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Everyone in healthcare knows that the next round of HIPAA audits is coming. Covered entities and business associates have long been advised to review and update their HIPAA security risk analyses, have business associate...more

Davis Wright Tremaine LLP

Time for a HIPAA Security Check-Up!

The 2015 HIPAA Security conference held by the National Institute of Standards and Technology (“NIST”) and the U.S. Department of Health and Human Services, Office for Civil Rights (“OCR”) kicked off last week with OCR’s...more

Baker Donelson

HIPAA Settlement Regarding Use of Internet Applications

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On July 10, 2015, the U.S. Department of Health and Human Services, Office for Civil Rights (OCR) announced a settlement agreement with St. Elizabeth's Medical Center (SEMC) in Brighton, Massachusetts, regarding potential...more

Akerman LLP - Health Law Rx

Recent HHS Settlement Highlights Risks of Electronically-Sharing Protected Health Information

On July 10, 2015, the United States Department of Health and Human Services Office for Civil Rights (OCR) announced its second settlement of the year for violations of the Health Insurance Portability and Accountability Act...more

Mintz - Health Care Viewpoints

ONC Releases Privacy and Security Guidance Geared Toward Small Providers

The HHS Office of the National Coordinator for Health Information Technology (“ONC”) recently released a new and improved version 2.0 of their Guide to Privacy and Security of Electronic Health Information. This revamped...more

Bradley Arant Boult Cummings LLP

Privacy and Security Alert: January 9th, 2014

On December 5, 2013, the Office of Inspector General (OIG) reported on the Office for Civil Rights’ (OCR) compliance as of May 2011 with oversight and enforcement of the Security Rule and compliance with federal cybersecurity...more

Stinson LLP

Health Law Alert: Deficient Data Security On Mobile Devices Leads To First HIPAA Breach Settlement Involving Less Than 500...

Stinson LLP on

On January 2, 2013, the U.S Department of Health and Human Services, Office of Civil Rights (OCR) announced its first HIPAA breach settlement involving less than 500 patients. OCR took action against a hospice provider in...more

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