News & Analysis as of

Medical Records Department of Health and Human Services (HHS) Electronic Protected Health Information (ePHI)

Jones Day

U.S. District Court Invalidates HHS Guidance Overreading HIPAA's Application to Online Technologies

Jones Day on

On June 20, 2024, a U.S. federal district court held, in a suit brought by Jones Day, that the Department of Health and Human Services ("HHS") had misapplied the Health Insurance Portability and Accountability Act ("HIPAA")...more

Manatt, Phelps & Phillips, LLP

[Webinar] Understanding Recent Developments in Health Care Privacy Laws - July 24th, 10:00 am - 11:00 am PST

This year, the federal government has made significant changes to longstanding health care privacy rules, while state lawmakers continue to enact privacy restrictions on consumer health data. These reforms modify legal...more

Stevens & Lee

How Do Personal Health Records Relate to HIPAA?

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It is important for health care providers and their lawyers to understand Personal Health Records (“PHRs”) and how they relate to the Health Insurance Portability and Accountability Act (“HIPAA”). A PHR grants a patient...more

Health Care Compliance Association (HCCA)

Report on Patient Privacy Volume 22, Number 10. Privacy Briefs: October 2022

Report on Patient Privacy 22, no. 10 (October, 2022) - Thirty Democratic senators led by Sen. Patty Murray, D-Wash., have called on HHS to strengthen federal privacy protections under HIPAA to broadly restrict providers...more

BakerHostetler

2022 DSIR Report Deeper Dive: OCR’s Right of Access Initiative

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​​​​​​​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

Health Care Compliance Association (HCCA)

Report on Patient Privacy Volume 22, Number 9. Privacy Briefs: September 2022

Report on Patient Privacy 22, no. 9 (September, 2022) - More than 92% of patients believe privacy is a right and their health data should not be available for purchase, according to a survey from the American Medical...more

Health Care Compliance Association (HCCA)

Report on Patient Privacy Volume 22, Number 8. Privacy Briefs: August 2022

Report on Patient Privacy 22, no. 8 (August, 2022) - The Department of Justice (DOJ) seized around $500,000 in Bitcoin ransom paid by two health care organizations in Kansas and Colorado to North Korean ransomware actors...more

Arnall Golden Gregory LLP

The Latest HIPAA Enforcement News From HHS OCR

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

Baker Donelson

Trusted Exchange Framework and the Common Agreement

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Data sharing and interoperability have been key objectives for health care providers, health plans and other industry participants for several years, and the U.S. Department of Health and Human Services' (HHS) Office of the...more

Kaufman & Canoles

Healthcare Client Alert – July 2021

Kaufman & Canoles on

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

Woods Rogers

Patient’s Right to Access Medical Records: HHS-OCR Targets Healthcare Providers Large and Small

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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

Davis Wright Tremaine LLP

Will the Biden Administration Complete the "Regulatory Sprint" With HHS' Proposed HIPAA Amendments?

On January 21, 2021, the Department of Health and Human Services (HHS) published proposed changes to the privacy rule (Privacy Rule) of the Health Insurance Portability and Accountability Act (HIPAA). This Notice of Proposed...more

Arnall Golden Gregory LLP

HIPAA Compliance: Highlights from 2020 and Focus Areas for 2021

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

Health Care Compliance Association (HCCA)

Report on Patient Privacy Volume 21, Number 1. Privacy Briefs: January 2021

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

BakerHostetler

Welcome to the Digital Transformation and Digital Economy Newsletter – January 2021 Issue

BakerHostetler on

Across the economy, businesses are using digital technology to pivot into innovative service lines, accelerate growth and transform their businesses altogether. These businesses’ digital strategies and data assets play...more

Bricker Graydon LLP

[Webinar] HIPAA in 2021: Proposed Changes to the Privacy Rule - January 25th, 12:00 pm - 1:00 pm EST

Bricker Graydon LLP on

On December 10, 2020, the Department of Health and Human Services (HHS) announced proposed revisions to the HIPAA Privacy Rule that would significantly impact the day-to-day operations of HIPAA covered entities. In this...more

Bricker Graydon LLP

OCR continues aggressive HIPAA Right of Access enforcement activities

Bricker Graydon LLP on

The U.S. Department of Health and Human Services (HHS) Office of Civil Rights (OCR) has announced a flurry of enforcement actions in the last quarter of 2020 as part of its Right of Access Initiative....more

Holland & Hart - Health Law Blog

Use of PHI for Non-Patient Purposes

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

Fisher Phillips

Reminder: Coronavirus Emergency Does Not Trump HIPAA Privacy Rule

Fisher Phillips on

The government just sent a stern reminder to all employers, especially those involved in providing healthcare, that they must still comply with the protections contained in the HIPAA Privacy Rule during the Coronavirus...more

Foley & Lardner LLP

Compliance: Top Takeaways from Foley and PYA’s Annual “Let’s Talk Compliance” Event

Foley & Lardner LLP on

For the second year in a row, Foley & Lardner LLP and PYA hosted a compliance master class on various health-related compliance issues. “Let’s Talk Compliance” is an annual one-day event featuring a panel of presenters that...more

Holland & Hart - Health Law Blog

Modified HIPAA Rules for Sending Records to Third Parties

Thanks to a federal judge, the Office for Civil Rights has modified its rules for sending records to third parties. Covered entities are no longer required by HIPAA to send non-electronic protected health information (“PHI”)...more

Holland & Hart - Health Law Blog

HIPAA, Psychotherapy Notes, and Other Mental Health Records

The HIPAA privacy rules give special protection to “psychotherapy notes,” but providers often misunderstand what are and are not covered and how they differ from other mental health records. I. “Psychotherapy Notes”...more

Chambliss, Bahner & Stophel, P.C.

New Guidance for Protecting Student Health Care Information

On December 19, 2019, the U.S. Department of Health and Human Services (HHS) and the U.S. Department of Education (DOE) provided new joint guidance on the release of certain student records. In summary, this HHS/DOE release...more

Sheppard Mullin Richter & Hampton LLP

Information Blocking And The Right To Access Initiative: Why Patients Struggle to Obtain their Medical Records and what the Office...

Access to healthcare information (or lack thereof) has always been touted as one of the key factors/necessities to realizing the promise of technology in the delivery of healthcare. Despite various legislative, judicial,...more

Womble Bond Dickinson

Are Non-Covered Activities And Programs At Your Campus/Institution Leaving You Overly Vulnerable to HIPAA? A “Hybrid” Designation...

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Executive Summary: If an institution doesn’t designate which functions are and are not covered by HIPAA, the assumption is that all activities fall under the HIPAA compliance umbrella. Recent federal actions against...more

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