News & Analysis as of

Medical Records Health Care Providers Department of Health and Human Services (HHS)

Health Care Compliance Association (HCCA)

Privacy Briefs: November 2024

Change Healthcare Inc. has amended its initial breach report to the HHS Office for Civil Rights (OCR) to state that 100 million individuals were impacted by its mammoth ransomware attack and breach. However, as of Oct. 24,...more

Williams Mullen

Will 50 Enforcement Actions Be Sufficiently “Loud and Clear” that HIPAA’s Right of Access Must Be Honored?

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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

Saul Ewing LLP

A “Scary” OCR CMP Imposed Upon a Solo Dental Practice

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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

Dentons

Ep. 35 – What You Need to Know About Part 2 Regulations – Even if You’re Not a Part 2 Provider

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Earlier this year, the US Department of Health & Human Services (“HHS”) released updated regulations governing the use and disclosure of substance use disorder records, referred to as “Part 2.”  The Part 2 rules protect...more

Dentons

Ep. 34 – Implementing Changes to Part 2 Regulations Governing Substance Use Disorder Records

Dentons on

On March 27, 2020, Congress enacted the Coronavirus Aid, Relief & Economic Security Act (CARES Act) which included provisions requiring the U.S. Department of Health & Human Services (“HHS”) to better align the federal...more

Saul Ewing LLP

OCR Imposes $115,200 CMP Against HIPAA-Covered Entity

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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

Arnall Golden Gregory LLP

OCR Announces Latest in Right of Access Enforcement Actions With Imposition of Civil Monetary Penalty

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

Jones Day

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

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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

Health Care Compliance Association (HCCA)

Privacy Briefs: May 2024

Kaiser Permanente is notifying 13.4 million current and former members that their personal information may have been compromised when it was transmitted to tech giants Google, Microsoft Bing and X (formerly Twitter) when...more

Holland & Hart LLP

Idaho's New Parental Access Law v. HIPAA

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As discussed in our prior health law update, New Limits on Minor Consents in Idaho, effective July 1, 2024, parents generally will have the right to access the medical records of their unemancipated minor children subject to...more

Epstein Becker & Green

2024 Update: Regulators Use “Carrots and Sticks” to Incentivize Healthcare Sector Cybersecurity Compliance

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Healthcare organizations continue to be prime targets of cyberattacks. It is well-established that cyberattacks can lead to financial loss, reputational damage, and, in some cases, risks to patient care and safety. The recent...more

Venable LLP

Sharing of Addiction Treatment Records Gets Biden HHS Overhaul

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After a nearly two-year delay, the U.S. Department of Health & Human Services (HHS), through the Substance Abuse and Mental Health Services Administration (SAMHSA) and the Office for Civil Rights, promulgated a Final Rule...more

Health Care Compliance Association (HCCA)

News Briefs: January 8, 2024

H. Lee Moffitt Cancer Center & Research Institute Hospital Inc. in Tampa, Florida, has agreed to pay $19.564 million to settle false claims allegations over claims submitted to federal health care programs for items and...more

Hogan Lovells

HHS finalizes Part 2 substance use disorder rules enhancing privacy protections and care integration

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The U.S. Department of Health and Human Services (HHS) has finalized amendments to more closely align the Part 2 substance use disorder (SUD) regulations with HIPAA. These changes have the potential to streamline compliance...more

Orrick, Herrington & Sutcliffe LLP

Confidentiality of Substance Use Disorder Patient Records: What to Know About Updates to Part 2

The U.S. Department of Health & Human Services (HHS), through the Substance Abuse and Mental Health Services Administration (SAMHSA) and the Office for Civil Rights (OCR), has announced a final rule (the Rule) updating the...more

Williams Mullen

42 CFR Part 2 Final Rule Harmonizes Substance Use Disorder Confidentiality Protections with HIPAA

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On February 8, 2024, the federal Confidentiality of Substance Use Disorder (SUD) Patient Records regulations at 42 CFR Part 2 (Part 2) were revised in part to increase patient protection and streamline patient consent...more

Polsinelli

HHS Finalized Part 2 Revisions: What Has Changed?

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On February 8, 2024, the U.S. Department of Health and Human Services, through its Office for Civil Rights (OCR) and the Substance Abuse and Mental Health Services Administration (SAMHSA), released final rule (Final Rule)...more

Robinson+Cole Health Law Diagnosis

HHS Finalizes Updates to “Part 2” Regulations to Align Disclosure Rules with HIPAA and Promote More Coordinated Substance Use...

On February 8, 2024, the U.S. Department of Health and Human Services (HHS) issued a final rule (Final Rule) updating federal “Part 2” regulations to more closely align the requirements applicable to substance use disorder...more

Arnall Golden Gregory LLP

Healthcare Authority Newsletter - November 2023 #1

News Briefs - Biden Executive Order Aims to Bolster AI Security in Healthcare - The Biden Administration issued what it's calling a "landmark" executive order designed to help channel the significant promise and manage the...more

Health Care Compliance Association (HCCA)

OCR: UHC Admitted Worker ‘Error’ Left Records Request Languishing in the Mail, Pays $80,000

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

Saul Ewing LLP

National Payor Agrees to Pay $80,000 to Settle HIPAA Right of Access Investigation

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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

Nelson Mullins Riley & Scarborough LLP

Proposed Changes to Confidentiality of Substance Use Disorder Patient Records Rules Would Support Better Care, Decrease Stigma,...

Amid the ongoing proliferation of headlines about the mental health crisis in the United States, of which substance use disorder is a large part, the recent issuance by the U.S. Department of Health and Human Services (HHS)...more

Hogan Lovells

HHS proposes significant changes to Part 2 substance use disorder records regulations

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The U.S. Department of Health and Human Services (HHS) has proposed to significantly revise rules governing patient records in substance use disorder (SUD) programs, commonly known as the Part 2 rules, with important...more

Brownstein Hyatt Farber Schreck

Part 2 Redo: HHS Issues Rulemaking on SUD Privacy Laws

For years, federal privacy laws relating to substance abuse disorder (SUD) treatment records have differed in significant ways from federal privacy laws relating to other medical records. Changes, however, are afoot. Almost...more

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