News & Analysis as of

Health Insurance Portability and Accountability Act (HIPAA) Department of Health and Human Services (HHS) Privacy Rule

Husch Blackwell LLP

HHS Changes HIPAA Privacy Rule to Restrict the Disclosure of Reproductive Health Care Information

Husch Blackwell LLP on

On April 26, 2024, the U.S. Department of Health and Human Services (“HHS”) issued a final rule (the “Final Rule”) along with guidance updating the Health Insurance Portability and Accountability Act (“HIPAA”) regulations at...more

Jackson Lewis P.C.

New HIPAA Final Rule Imposes Added Protections for Reproductive Health Care Privacy

Jackson Lewis P.C. on

On April 22, 2024, the federal Department of Health and Human Services’ Office for Civil Rights (OCR) announced a final rule enhancing privacy protections relating to reproductive health care. Specifically, the final rule...more

Jackson Lewis P.C.

Sanction Policies Can Help Drive Cybersecurity and HIPAA Compliance, OCR Says

Jackson Lewis P.C. on

Many HIPAA covered entities and business associates struggle with developing and implementing a sanctions policy. What should it say, is zero-tolerance required, do we have to impose discipline in every case, etc. These are...more

Manatt, Phelps & Phillips, LLP

Is OCR Correct That Website Metadata Is Regulated by HIPAA? Chicago Federal Court Asks

The plaintiff’s bar continues to bring new wiretapping claims over pixels and analytics programs in courts around the country, including against hospitals and other entities covered by the Health Insurance Portability and...more

McGlinchey Stafford

Nice Try, But HIPAA Privacy Doesn’t Stop Vaccine Inquiries by Employers and Businesses

McGlinchey Stafford on

HIPAA privacy rules do not prevent employers and businesses from asking employees and visitors about their COVID-19 vaccination status, the government recently reiterated. In guidance issued on September 30, 2021, the U.S....more

Foley Hoag LLP

HHS OCR Issues Guidance on HIPAA, COVID-19 Vaccinations, and the Workplace

Foley Hoag LLP on

On September 30, 2021, the U.S. Department of Health and Human Services’ (HHS) Office for Civil Rights (OCR)issued guidance to help the public understand when the Health Insurance Portability and Accountability Act of 1996...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

Butler Snow LLP

Privacy Versus Pandemic: Must HIPAA Yield to a Public Health Emergency?

Butler Snow LLP on

The worldwide COVID-19 pandemic visited on America in the past several months has quickly reinvigorated the foundational and important debate concerning where, in a free society, individual autonomy ends (or should end) and...more

Robinson+Cole Health Law Diagnosis

Texas Health System MD Anderson Seeks 5th Circuit Review of HHS Determination that HIPAA Required Encryption of its ePHI

On April 8, 2019, The University of Texas MD Anderson Cancer Center (MDA) filed a petition with the U.S. Court of Appeals for the Fifth Circuit seeking review of a decision by the Department of Health & Human Services’s (HHS)...more

Hogan Lovells

HHS Seeking Input on HIPAA Changes

Hogan Lovells on

The Department of Health and Human Services (HHS) announced a Request for Information (RFI) regarding how the HIPAA Privacy, Security, and Breach Notification Rules could be modified to reduce regulatory burdens and to...more

Manatt, Phelps & Phillips, LLP

Healthcare Litigation - April 2018

Mental Health and Minors: Proceed With Caution! - Imagine representing a party in a lawsuit concerning coverage for mental health services. The lawsuit was brought by the parents of a minor child. The client received a...more

King & Spalding

Medical Records Production Company Sues to Prohibit Enforcement of HIPAA Medical Record Payment Policies

King & Spalding on

On January 8, 2018, CIOX Health, LLC filed a complaint challenging two HHS policies limiting whether and how much a HIPAA covered entity can charge for providing copies of medical records. According to the lawsuit filed in...more

BCLP

Healthcare Data Breach Enforcements and Fines

BCLP on

The Department of Health and Human Services’ (“HHS”) Office for Civil Rights (“OCR”) is responsible for enforcing the Privacy and Security Rules of the Health Insurance Portability and Accountability Act of 1996 (“HIPAA”)....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

Mintz - Health Care Viewpoints

HHS Publishes Guidance on HIPAA and Cloud Computing

On October 7, 2016, the U.S. Department of Health and Human Services’ Office for Civil Rights (OCR) published guidance to assist cloud service providers (CSPs) and their customers with HIPAA compliance. As discussed below,...more

Baker Donelson

Help with HIPAA!

Baker Donelson on

The U.S. Department of Health & Human Services has published answers to some frequently asked questions about an individual’s right to access identifiable health information. Are the FAQs boring? Absolutely. But are they...more

Davis Wright Tremaine LLP

Second CMP Assessed for HIPAA Violations: Do You Know Where Your Data Is?

For only the second time in its history, the U.S. Department of Health and Human Services’ (HHS) Office for Civil Rights (OCR) has imposed a civil money penalty (CMP) on a covered entity for allegedly violating the HIPAA...more

Davis Wright Tremaine LLP

Are Attorneys Entitled to “HIPAA Rate”?

Over the past year, numerous lawsuits and complaints to the HHS Office for Civil Rights (“OCR”) have been filed by plaintiffs’ attorneys over a seemingly obscure HIPAA issue – the rate that health care providers and their...more

Robinson+Cole Data Privacy + Security Insider

OIG report spurs OCR to announce phase 2 audits

On September 29, it was revealed that the HHS Office for Civil Rights (OCR) will commence Phase 2 of its HIPAA audit program in “early 2016.” OCR’s revelation regarding the Phase 2 audits, which had been the subject of...more

Saul Ewing LLP

Reports Instruct Office of Civil Rights to Increase HIPAA Enforcement Activities

Saul Ewing LLP on

On September 29, 2015, the Office of Inspector General (OIG) released two reports that reviewed the Office of Civil Rights’ (OCR) enforcement of the Health Insurance Portability and Accountability Act of 1996 (HIPAA). The...more

Orrick, Herrington & Sutcliffe LLP

Don’t Wait for It; Recent HIPAA Enforcement Action Signal More to Come in Phase 2 Audits

Officials at the U.S. Department of Health and Human Services Office of Civil Rights (HHS OCR) have recently selected a vendor to conduct the second wave of HIPAA audits. These so-called “Phase 2 Audits” are set to commence...more

Orrick, Herrington & Sutcliffe LLP

Don't Wait for It; Recent HIPAA Enforcement Action Signal More to Come in Phase 2 Audits

Officials at the U.S. Department of Health and Human Services Office of Civil Rights (HHS OCR) have recently selected a vendor to conduct the second wave of HIPAA audits. These so-called "Phase 2 Audits" are set to commence...more

Robinson+Cole Data Privacy + Security Insider

OCR settlement reiterates importance of proactive security rule compliance

On September 2, 2015, the U.S. Department of Health & Human Services (HHS) announced that Cancer Care Group, P.C. (CCG), a physician practice located in Indiana, agreed to pay $750,000 as part of a settlement to resolve...more

Benesch

Be Prepared – HIPAA Audits are Coming in 2014

Benesch on

Later this year, the Department of Health and Human Services (“DHHS”) is expected to launch its permanent HIPAA Audit Program. The HIPAA Audit Program is authorized under Section 13411 of the HITECH Act, and is designed to...more

Spilman Thomas & Battle, PLLC

3 Weeks Left: Is Your Business Ready for HIPAA Compliance?

The September 23, 2013 deadline for covered entities, business associates and their subcontractors to implement the new HIPAA rules is approaching quickly. In case you missed it, on January 25, 2013, the U.S. Department of...more

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