News & Analysis as of

Medical Records HIPAA Privacy Rule Health Care Providers

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

Hendershot Cowart P.C.

Stricter Than HIPAA: Is Your Substance Abuse Or Mental Health Program In Compliance With 42 CFR Part 2? - UPDATED May 2024

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To protect patients seeking addiction treatment, the federal government passed strict regulations limiting the disclosure of substance abuse patient records. Substance abuse treatment programs must not only comply with the...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

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

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

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

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

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

Akerman LLP - Health Law Rx

Healthcare Providers: Add OCR’s Latest Right of Access Settlements to Your Summer Reading List

The Office for Civil Rights (“OCR”) at the U.S. Department of Health and Human Services (“HHS”) announced on July 15, 2022, that it has resolved 11 investigations conducted under the Health Insurance Portability and...more

Kaufman & Canoles

Healthcare Client Alert – July 2021

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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

Health Care Compliance Association (HCCA)

Awaiting New Leader, OCR Collects NPRM Feedback, Closes Breach, 14th Access Case

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

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

Health Care Compliance Association (HCCA)

Report on Medicare Compliance Volume 30, Number 2. News Briefs: January 2021 #2

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

Bricker Graydon LLP

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

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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

Fox Rothschild LLP

No Signs Of Slowing Down: The OCR Settles Another Investigation Under The HIPAA Right Of Access Initiative

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Prior to the holiday, the OCR settled its thirteenth enforcement action under the HIPAA Right of Access Initiative, which involved a primary care physician practicing in the State of Georgia. Dr. Peter Wrobel, M.D., P.C.,...more

Steptoe & Johnson PLLC

HIPAA Right to Access Failures – Continued Penalties for Providers

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Under the HIPAA Privacy Rule, individuals have a right to timely access their medical records at a reasonable cost. With some exceptions, a health care provider must provide those records without reasonable delay and within...more

Bricker Graydon LLP

COVID-19 Update: New Ohio orders require nursing homes and residential care facilities to notify residents of COVID-19 cases and...

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On April 14 and 15, 2020, Ohio Department of Health (ODH) Director Amy Acton issued two new orders mandating certain disclosures of COVID-19 case information. ...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

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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

Health Care Compliance Association (HCCA)

Updated joint guidance on privacy and student education and health records

Compliance Today (February 2020) - On December 19, the U.S. Department of Education and the Office for Civil Rights at the U.S. Department of Health and Human Services announced the release of the “updated joint guidance...more

Society of Corporate Compliance and Ethics...

[Event] Regional Compliance & Ethics Conference - February 27th - 28th, Anchorage, AK

This two-day Regional Compliance and Ethics Conferences provide attendees with a forum to interact with local compliance professionals, share information about your compliance successes and challenges, and create educational...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

McDermott Will & Emery

SAMHSA Proposed Rule Would Reduce Barriers to Care Coordination

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SAMHSA has released a long-awaited proposed rule that would modify the federal regulations at 42 CFR Part 2 (Part 2) governing the confidentiality of substance use disorder (SUD) patient records created by federally assisted...more

Ballard Spahr LLP

HIPAA Right to Access Information Enforced

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With all of the attention on Health Insurance Portability and Accountability Act (HIPAA) requirements to safeguard the privacy and security of a patient’s health information, covered entities sometimes overlook the HIPAA...more

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