News & Analysis as of

Department of Health and Human Services (HHS) Office of Civil Rights HIPAA Security Rule

BakerHostetler

6 Important Takeaways for HIPAA Covered Entities and Business Associates from 2024 NIST HHS OCR Conference

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On October 23-24, 2024, the Department of Health and Human Services (HHS) Office for Civil Rights (OCR) and the National Institute of Standards and Technology (NIST) Information Technology Laboratory hosted the Safeguarding...more

Williams Mullen

Ransomware Hat Trick: OCR Scores Three Major Enforcement Actions in 2024

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Ransomware attacks are a growing threat in the health care sector due to the value of personal health information (PHI). In addition to being expensive, these attacks can cripple health care operations, delay patient care,...more

McDermott Will & Emery

OCR Withdraws Appeal in AHA v. Becerra

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

McDermott Will & Emery

OCR Files Notice of Appeal in Online Tracking Technologies Case

McDermott Will & Emery on

On August 19, 2024, the US Department of Health and Human Services Office for Civil Rights (OCR) filed a notice of appeal of the US District Court for the Northern District of Texas’s June 20, 2024, decision in American...more

BakerHostetler

The Future for Healthcare Is So Loper Bright, I Gotta Wear Shades

BakerHostetler on

On June 28, in Loper Bright Enterprises v. Raimondo (Loper Bright), the U.S. Supreme Court overturned the doctrine of Chevron deference, upending 40 years of precedent and significantly shifting power to the courts to...more

ArentFox Schiff

Providers Face HIPAA Compliance Questions After Change Healthcare Cyberattack

ArentFox Schiff on

Who will notify the potentially millions of individuals whose information might have been jeopardized by the massive cyberattack on Change Healthcare? Since the affiliate of UnitedHealth Group (UHG) first reported the...more

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

Holland & Knight LLP

What HIPAA Security Rule Surprises Await Healthcare Providers for the Second Half of 2024?

Holland & Knight LLP on

The U.S. Department of Health and Human Services (HHS) Office for Civil Rights (OCR) has, as part of its mandate, the responsibility to enforce the Health Insurance Portability and Accountability Act (HIPAA) Security Rule....more

Skadden, Arps, Slate, Meagher & Flom LLP

HHS Office for Civil Rights Reaches Second Health Care Ransomware Settlement

The Department of Health and Human Services (HHS) Office for Civil Rights (OCR) recently announced its second settlement in four months growing out of a ransomware attack on a health care business. Maryland-based Green Ridge...more

Ogletree, Deakins, Nash, Smoak & Stewart,...

Federal Regulators Unveil Revised Final Guidance for Healthcare Cybersecurity and HIPAA Compliance

On February 14, 2024, the U.S. Department of Health and Human Services (HHS) Office for Civil Rights (OCR) and the National Institute of Standards and Technology (NIST) published a new, final version of their guidance for...more

Health Care Compliance Association (HCCA)

OCR Ends Year With Settlements That Tread Old Ground, Says New Rules Are Coming—Someday

If the penultimate enforcement settlement of 2023 issued by the HHS Office for Civil Rights (OCR) sounds familiar, that’s with good reason. And the last one of the year should ring some bells, too....more

Bricker Graydon LLP

HHS Issue Six Figure Penalty for Ransomware Attack

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Late last year, the Department of Health and Human Services (HHS) issued its first HIPAA settlement agreement involving a ransomware attack. In the press release announcing the settlement, HHS stated that they began...more

King & Spalding

Hospital Settles HIPAA Investigation Over Allegations of Medical Record Access by Security Guards

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On June 15, 2023, OCR announced a settlement with Yakima Valley Memorial Hospital (Yakima) after completing a HIPAA investigation regarding allegations that hospital security guards accessed medical records of 419 patients....more

Kerr Russell

Cybersecurity for Medical Practices: Addressing the HIPAA in the Room

Kerr Russell on

Cybersecurity attacks, such as malware, phishing emails, and password attacks, are a growing threat to patients and medical practices. Cyber attacks can significantly disrupt patient care, including by exposing confidential...more

Holland & Hart LLP

OCR Cracks Down on Electronic Protected Health Information Breaches under HIPAA

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The U.S. Department of Health and Human Services Office for Civil Rights (“OCR”) entered into a Resolution Agreement (“Agreement”) with Banner Health on behalf of Banner Health Affiliated Covered Entities (“Banner”) to remedy...more

Faegre Drinker Biddle & Reath LLP

HIPAA Regulation of Online Tracking Technologies

In a December 2022 bulletin published by the Office for Civil Rights at the U.S. Department of Health and Human Services (HHS), HHS made clear that the use of third-party tracking technologies by covered entities and business...more

Health Care Compliance Association (HCCA)

2016 Breach Costs OK State Medical Center $875K; System Initially Missed Vulnerability

Report on Patient Privacy 22, no. 8 (August, 2022) - Oklahoma State University Center for Health Sciences’ (OSUCHS) breach might not have seemed all that serious at the time: No data is believed to have been misused,...more

Akerman LLP - Health Law Rx

OCR Releases Guidance on HIPAA Compliance When Providing Audio-Only Telehealth

The U.S. Department of Health and Human Services (“HHS”) Office for Civil Rights (“OCR”) recently released new guidance (the “Guidance”) to help ensure that individuals may continue to benefit from audio-only telehealth...more

Robinson+Cole Health Law Diagnosis

HHS Issues HIPAA Guidance to Support Audio-Only Telehealth Services

The Department of Health and Human Services (HHS) Office for Civil Rights (OCR) recently issued new guidance (Guidance) on the use of remote communication technologies to deliver audio-only telehealth in accordance with...more

King & Spalding

Department of Health and Human Services Seeks Input on HIPAA “Safe Harbor”

King & Spalding on

On April 6, 2022, the Department of Health and Human Services Office for Civil Rights (OCR) issued a Request for Information (RFI) to solicit public comments on the implementation of the “safe harbor” under the Health...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

Miles & Stockbridge P.C.

Understanding HIPAA Compliance Can Help Protect Health Care Providers Too

It’s no secret that the Health Insurance Portability and Accountability Act of 1996 (HIPAA) exists to protect the privacy of patients and their sensitive health information. However, understanding the importance of HIPAA...more

Holland & Hart LLP

Cybersecurity and HIPAA: Government Issues New Warning and Guidance in Wake of Increased Threats

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The U.S. Department of Health and Human Service’s Office for Civil Rights in Action (OCR) issued a warning that cybercriminals are attempting to exploit a critical vulnerability in VMware software. This alert originates from...more

Mintz - Health Care Viewpoints

The Risks of HIPAA Non-Compliance Can Survive – and Even Grow – Post Closing

A recent settlement agreement between a clinical laboratory and the Office for Civil Rights (OCR) at the U.S. Department of Health and Human Services (HHS) to resolve potential HIPAA Security Rule violations proves to be a...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

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