News & Analysis as of

Department of Health and Human Services (HHS) Protected Health Information Civil Monetary Penalty

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

Davis Wright Tremaine LLP

Old Rule, New Tricks: HHS Finalizes Most Substantial Changes to Substance Use Disorder Confidentiality Rule in Decades

The long-anticipated final rule addressing substance use disorder (SUD) records at 42 C.F.R. Part 2, commonly referred to as Part 2, is here. The final rule is a joint undertaking by the U.S. Department of Health and Human...more

ArentFox Schiff

Key Takeaways from OCR’s Latest Annual HIPAA Reports to Congress

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On February 17, 2023, the US Department of Health and Human Services Office for Civil Rights (OCR) released two companion reports to Congress detailing its actions in 2021 to enforce the privacy, security, and breach...more

Fenwick & West LLP

Increased Regulatory Scrutiny on Health Technology Companies’ Use of Advertising Technologies

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The proliferation of health apps and connected devices that allow individuals to track their health conditions, treatment, medications, fitness, fertility, sleep, mental health, diet and other vital areas has led to increased...more

Foley & Lardner LLP

HIPAA Breaches and Compliance: Key Findings & Lessons Learned from OCR’s Reports to Congress

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The Office of Civil Rights (OCR) at the U.S. Department of Health and Human Services (HHS) recently submitted two annual reports to Congress setting forth a summary of complaints and breaches reported to the OCR during...more

Health Care Compliance Association (HCCA)

Report on Patient Privacy Volume 22, Number 11. MD Anderson Won Against OCR, But Agency’s Response—Including on Fines—Keeps...

Report on Patient Privacy Volume 22, Number 11. (November 2022) Nearly five years passed from the time the University of Texas MD Anderson Cancer Center reported to the HHS Office for Civil Rights (OCR) that three...more

ArentFox Schiff

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

ArentFox Schiff on

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

Saul Ewing LLP

HHS Announces Four HIPAA Compliance Enforcement Actions With Health Care Providers

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On March 28, 2022, the United States Department of Health and Human Services (“HHS”), Office for Civil Rights (“OCR”) announced the resolution of three investigations and one matter before an Administrative Law Judge related...more

Mintz - Health Care Viewpoints

ONC Publishes Report, Commentary on Information Blocking Rule Claims Trends

The Office of the National Coordinator for Health Information Technology (ONC) published noteworthy information blocking claim submission trends to date in its recent Information Blocking Claims: By the Numbers post on the...more

Holland & Knight LLP

Healthcare Law Update: February 2021

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To date, there has been little consistency in how Health Insurance Portability and Accountability Act (HIPAA) requirements are enforced by the U.S. Department of Health and Human Services (HHS), or the amount of settlements...more

Foley & Lardner LLP

Appeals Court Vacates HIPAA Penalty Imposed Against M.D. Anderson

Foley & Lardner LLP on

On January 14, 2021, the U.S. Court of Appeals for the Fifth Circuit vacated the civil monetary penalty (CMP) imposed by the Department of Health and Human Services (HHS) against the University of Texas M.D. Anderson Cancer...more

McGuireWoods LLP

5th Circuit Weakens HHS’ Ability to Enforce HIPAA Safeguards

McGuireWoods LLP on

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

Rivkin Radler LLP

New Haven Settles HIPAA Breach For $202K

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The city of New Haven, Connecticut recently agreed to pay $202,400 to the U.S. Department of Health and Human Services’ Office for Civil Rights (OCR) to settle multiple HIPAA violations in connection with a 2016 incident at...more

Dorsey & Whitney LLP

2020’s a Bust, but HIPAA Enforcement Is on a Roll!

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The Office for Civil Rights (OCR) at the U.S. Department of Health and Human Services (HHS) has been actively enforcing HIPAA regulations this year, including a series of seven settlements under OCR’s Right of Access...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

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

Faegre Drinker Biddle & Reath LLP

$1.6 Million Civil Money Penalty for HIPAA Breach Impacting 6,617 Individuals

The Office for Civil Rights (OCR) at the U.S. Department of Health and Human Services imposed a $1.6 million civil money penalty (CMP) against the Texas Health and Human Services Commission, Department of Aging and Disability...more

Robinson+Cole Data Privacy + Security Insider

HHS Increases Civil Monetary Penalties under HIPAA

In accordance with the Inflation Adjustment Act, the Department of Health and Human Services (HHS) has updated its regulations to reflect required annual inflation-related increases to civil monetary penalties, including...more

Tucker Arensberg, P.C.

$3,000,000 Settlement by University of Rochester Medical Center for Numerous HIPAA Violations

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On November 5, 2019, the U.S. Department of Health and Human Services, Office for Civil Rights (“HHS”) announced a $3,000,000 settlement with the University of Rochester Medical Center (“URMC”) for violations of the Health...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

Harris Beach PLLC

A HIPAA Compliance Program “In Disarray” Leads to OCR Imposing a $2.15 Million Civil Monetary Penalty

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Last week, the U.S. Department of Health and Human Services Office for Civil Rights (“OCR”) imposed a civil monetary penalty (“CMP”), to the tune of $2.15 million, against Jackson Health System (“JHS”). The CMP stemmed from...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

Polsinelli

Important Highlights from the NIST/OCR HIPAA Security Conference Last Week

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Every year, the National Institute of Standards and Technology (NIST) and the Department of Health and Human Services, Office for Civil Rights (OCR) jointly sponsor a conference to “address the dynamic and challenging...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

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