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Because of pervasive misunderstanding of the Health Insurance Portability and Accountability Act (HIPAA), providers all too frequently create impermissible barriers to patient access to medical records. In many cases, such...more
On October 21, 2024, the U.S. Department of Health and Human Services (“HHS”) Office for Civil Rights (“OCR”) announced a civil monetary penalty (“CMP”) of $70,000 against a solo dental practice that provides family dental...more
On August 1, 2024, the U.S. Department of Health and Human Services (“HHS”) Office for Civil Rights (“OCR”) announced a civil monetary penalty of $115,200 against American Medical Response (“AMR”) based on a complaint that...more
On August 1, 2024, the U.S. Department of Health and Human Services, Office for Civil Rights (“OCR”) announced the imposition of a civil monetary penalty (“CMP”) of $115,200 collected against American Medical Response...more
Start with a records request. Add a seven months’ wait. Stir in the chaos of the pandemic, with most employees working from home. Blend in a perhaps-neglected post office box. Bake for two-and-a-half years....more
In late August, the HHS Office for Civil Rights ("OCR") announced an $80,000 settlement with United Healthcare Insurance Company ("United") relating to OCR's right of access initiative (the "Initiative") which requires that...more
In 2019, the U.S. Department of Health & Human Services, Office for Civil Rights (OCR) announced its Right of Access Initiative, promising to prioritize patients’ rights to receive timely copies of their medical...more
On July 15, 2022, the Office for Civil Rights (OCR) within the U.S. Department of Health and Human Services (HHS) announced the resolution of eleven investigations as part of its Health Insurance Portability and...more
In recent weeks, the U.S. Department of Health and Human Services (“HHS”) Office for Civil Rights (“OCR”) has announced 12 resolution agreements settling alleged violations of the HIPAA rules. Covered entities and business...more
On March 28, 2022, Health and Human Services, Office for Civil Rights (OCR) announced the resolution of four enforcement actions, three resolved in 2021 and one resolved in 2022. There are some interesting aspects of this...more
On March 28, the U.S. Department of Health and Human Services (HHS) Office for Civil Rights (OCR) announced four new enforcement actions against healthcare providers for HIPAA violations....more
On November 30, 2021, the United States Department of Health and Human Services (HHS), Office for Civil Rights (OCR) announced its five actions – four settlements and corrective action plans, and one civil money penalty in...more
OCR Cracks Down on Healthcare Providers in Right to Access Initiative - “For too long, healthcare providers have slow-walked their duty to provide patients their medical records out of a sleepy bureaucratic inertia. We...more
On June 2, 2021, the Office for Civil Rights (OCR) within the U.S. Department of Health and Human Services (HHS), announced that the Diabetes, Endocrinology & Lipidology Center, Inc., (DELC) agreed to pay $5,000, enter into a...more
The Office of Civil Rights (OCR) at the U.S. Department of Health and Human Services (HHS) recently settled two additional enforcement actions as part of its HIPAA Right of Access Initiative, which is a program implemented by...more
Recent regulatory and enforcement developments in the area of access to patient information create significant new risks for radiology providers. In particular, imaging providers should pay close attention to these...more
A March 11 article in the Health Care Compliance Association’s Report on Patient Privacy, “In Wake of 16th OCR Settlement, Time For CEs, BAs to Take Right of Access Seriously,” discussed the Right of Access Initiative that...more
Report on Patient Privacy 21, no. 2 (February 2021) - Unless an extension is granted or the notice of proposed rulemaking (NPRM) is withdrawn, covered entities (CEs) and business associates (BAs) have until late March to...more
Report on Medicare Compliance 30, no. 7 (February 22, 2021) - A Michigan woman is the first in the nation to be charged criminally with misappropriating money from the Provider Relief Fund (PRF), the Department of Justice...more
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
2020 was an active year for HIPAA regulatory activity by the U.S. Department of Health and Human Services (HHS) Office for Civil Rights (OCR). In this article, we take a look at some of the HIPAA highlights from 2020 and...more
Report on Medicare Compliance 30, no. 2 (January 18, 2021) - Recovery audit contractors (RACs) may soon be auditing positron emission tomography (PET) for initial treatment strategy in oncologic conditions for compliance...more
The U.S. Department of Health and Human Services’ Office for Civil Rights (OCR) announced the 14th settlement in its ongoing HIPAA Right of Access Initiative. Banner Health, a Phoenix-based health system that operates 30...more
The Office of Civil Rights (OCR) at the U.S. Department of Health and Human Services recently published its findings from audits conducted in 2016 and 2017 of covered entities’ and business associates’ compliance with...more
Report on Patient Privacy 18, no. 1 (January 2021) - The HHS Office for Civil Rights (OCR) settled its 13th enforcement action in its Right of Access Initiative, first announced in 2019 to support individuals’ rights to...more