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Effective June 25, 2024, the U.S. Department of Health & Human Services’ Office for Civil Rights (HHS) issued a Final Rule modifying the HIPAA Privacy Rule to enhance reproductive health care privacy. This change follows the...more
The Department of Health and Human Services issued a final rule amending the HIPAA privacy rules (“2024 Privacy Rule”). The 2024 Privacy Rule limits the use or disclosure of an individual’s PHI in connection with reproductive...more
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
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
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
Substance Use Disorder (SUD) programs and HIPAA-regulated entities seeking to streamline their privacy and security practices and workflows received welcome news from the U.S. Department of Health & Human Services (HHS) last...more
Why is everyone talking about provider disclosures to law enforcement of late? The Senate Finance Committee authored a letter to Xavier Becerra, Secretary of the U.S. Department of Health and Human Services (HHS), outlining...more
On November 20, 2023, the U.S. Department of Health and Human Services (HHS), Office for Civil Rights (OCR) announced a settlement with Saint Joseph’s Medical Center for potential violations of the Health Insurance...more
On July 20, 2023, the Department of Health and Human Services (DHHS) through the Office of Civil Rights (OCR) and the Federal Trade Commission (FTC) issued a joint letter to hospitals and telehealth providers alerting them to...more
On December 1, 2022, the Office for Civil Rights (OCR) of the U.S. Department of Health and Human Services (HHS) issued a Bulletin to highlight the obligations of HIPAA-covered entities and business associates when using...more
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
On June 29, in response to the U.S. Supreme Court’s decision in Dobbs v. Jackson Women’s Health Organization, the U.S. Department of Health & Human Services Office for Civil Rights (HHS OCR) issued guidance on when entities...more
On December 10, 2020, the Department of Health and Human Services, Office for Civil Rights (OCR) issued a Notice of Proposed Rulemaking (NPRM) to revise the HIPAA Privacy Rule. The proposed revisions to the Privacy Rule seek...more
On June 12, the U.S. Department of Health and Human Services Office for Civil Rights (OCR) issued timely HIPAA guidance (Guidance) regarding solicitations of blood and plasma donations from recovered COVID-19 patients....more
With the COVID-19 pandemic demands for Personal Health Information (PHI) from law enforcement, the press, politicians and the public are increasing. While there may be good reasons behind many of these demands, healthcare...more
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
On December 14, 2018, the U.S. Department of Health and Human Services (HHS), Office for Civil Rights (OCR) issued a Request for Information (RFI) seeking comments on potential modifications to the HIPAA Rules focused on...more
The nuances of the HIPAA right of access rule continue to pose challenges for health systems. Guidance previously released by The U.S. Department of Health and Human Services (HHS) included extensive information on all...more
With an increased focus on opioid use and addiction, the Department of Health and Human Services (“HHS”) Office of Civil Rights (“OCR”) has issued guidance related to the Health Insurance Portability and Accountability Act of...more
We previously reported that the 30 year old regulations (last updated in 1987) relating to the disclosure of substance abuse treatment information has been updated by SAMHSA to bring it into the modern world of electronic...more
There are arguments that there is a dearth of guidance by both the Office for Civil Rights (OCR) and Federal Trade Commission (FTC), so when guidance comes out, we listen. But the most recent guidance jointly issued by the...more
On January 25, 2013, the Department of Health and Human Services (HHS) published final regulations that modify the Privacy, Security, Enforcement and Breach Notification Rules issued pursuant to the Health Insurance...more
On January 17, 2013, the Office for Civil Rights of the U.S. Department of Health and Human Services (HHS) issued the long-awaited omnibus final rule (the Rule) implementing changes in current regulations under the Health...more