News & Analysis as of

Office of Civil Rights

Carlton Fields

Cybersecurity May Be OCR’s New Year’s Resolution

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The U.S. Department of Health and Human Services Office for Civil Rights (OCR) appears to have made cybersecurity its New Year’s resolution. The first few weeks of 2025 have already brought with them proposed amendments to...more

Bass, Berry & Sims PLC

Proposed Rulemaking to Strengthen HIPAA Security Rule

Bass, Berry & Sims PLC on

On January 6, the Department of Health and Human Services Office for Civil Rights (OCR) published a notice of proposed rulemaking (Proposed Rule) that would strengthen the requirements of the security rule promulgated...more

McGuireWoods LLP

Department of Education OCR Issues Guidance on How Schools Analyze NIL Activity Under Title IX

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On Jan. 16, 2025, the Department of Education’s Office for Civil Rights (OCR) issued guidance regarding how it will analyze name, image and likeness (NIL) activity under Title IX of the Education Amendments of 1972. The...more

Husch Blackwell LLP

Federal District Court Vacates 2024 Title IX Regs

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On January 9, 2025, the U.S. District Court for the Eastern District of Kentucky vacated the Biden administration’s 2024 Title IX regulations. The vacatur applies nationwide, meaning the 2020 Title IX final rule and Title IX...more

Parker Poe Adams & Bernstein LLP

Title IX Gender Equity Mandate Applies to NIL Activity, Department of Education Confirms

In long-awaited guidance, the U.S. Department of Education’s Office for Civil Rights (OCR) officially confirmed what many Title IX practitioners and athletics administrators thought to be true: Title IX’s gender equity...more

King & Spalding

OCR Proposes Updates to Strengthen the HIPAA Security Rule

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On December 27, 2024, the Office for Civil Rights (OCR) at HHS issued a Notice of Proposed Rulemaking (the Proposed Rule) intended to update the Security Rule under the Health Insurance Portability and Accountability Act...more

BCLP

OCR Confirms Title IX Applies to Institutions’ Direct NIL and Revenue-Sharing

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On January 16, 2025, the Office of Civil Rights of the Department of Education – the agency responsible for enforcing Title IX at institutions of higher education – issued a Fact Sheet confirming that OCR will apply...more

Hogan Lovells

Slew of OCR activity underscores agency’s focus on security and AI

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Recent enforcement actions, audit activity, proposed rulemakings, and guidance issued by the U.S. Department of Health and Human Services (“HHS”), Office for Civil Rights (“OCR”) highlight the agency’s focus on health data...more

Ogletree, Deakins, Nash, Smoak & Stewart,...

Department of Education Warns NCAA Schools That NIL Deals May Implicate Title IX Obligations

The U.S. Department of Education warned National Collegiate Athletic Association (NCAA) schools that payments to athletes for the use of their names, images, and likenesses (NIL) implicate the gender equal opportunity...more

Dechert LLP

Dechert Cyber Bits - Issue 68

Dechert LLP on

DOJ Final Rule: New US Restrictions on Nearly All Foreign Access to Personal Data - The National Security Division of the United States Department of Justice has issued a sweeping final rule that would prevent access to...more

Epstein Becker & Green

Recent Developments in Health Care Cybersecurity and Oversight: 2024 Wrap Up and 2025 Outlook

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As Cyberattacks targeting the health care sector have continued to intensify over the past year, including ransomware attacks that have resulted in major data breaches impacting health care organizations, the protection of...more

Bradley Arant Boult Cummings LLP

Introducing Bradley’s Series on HHS’s Proposed HIPAA Security Rule Updates

Bradley is launching a multipart blog series on the U.S. Department of Health and Human Services’ (HHS) proposed changes to strengthen cybersecurity protections for electronic protected health information (ePHI) regulated...more

Shipman & Goodwin LLP

OCR Confirms That the 2024 Title IX Regulations Are Vacated

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On January 9, 2025, a federal district court in Kentucky ruled that the 2024 Title IX Regulations “are invalid and must be set aside.” Despite some ambiguity in the text of the decision, we concluded that the ruling likely...more

Foley & Lardner LLP

New Artificial Intelligence (AI) Regulations and Potential Fiduciary Implications

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Fiduciaries should be aware of recent developments involving AI, including emerging and recent state law changes, increased state and federal government interest in regulating AI, and the role of AI in ERISA litigation. While...more

Bowditch & Dewey

Update – Key Developments in Title IX Regulations

Bowditch & Dewey on

On January 9, 2025, the United States District Court for the Eastern District of Kentucky issued a landmark decision vacating the 2024 Title IX regulations nationwide. As we discussed in our previous alert, this ruling has...more

Husch Blackwell LLP

OCR Announces Proposed Updates to HIPAA Security Rule, Raises the Bar for Healthcare Cybersecurity

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On December 27, 2024, the U.S. Department of Health and Human Services (HHS), through its Office for Civil Rights (OCR), issued proposed changes to the Health Insurance Portability and Accountability Act of 1996 (HIPAA)...more

McDermott Will & Emery

ASTP Adopts New Protecting Care Access Exception

McDermott Will & Emery on

On December 17, 2024, the US Department of Health and Human Services (HHS) Assistant Secretary for Technology Policy/Office of the National Coordinator for Health Information Technology (ASTP) published the Health Data,...more

Wyrick Robbins Yates & Ponton LLP

Analyze This: OCR Kicks Off 2025 with Two New HIPAA Enforcement Actions Against Business Associates as Part of New Risk Analysis...

Just two weeks into the year, 2025 is already shaping up to be a busy year for privacy lawyers, especially those tasked with helping covered entities and business associates comply with the HIPAA Security Rule.  As we...more

Ballard Spahr LLP

HHS Proposes Significant Updates to HIPAA Security Rule

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On January 6, 2025, the U.S. Department of Health and Human Services (“HHS”) Office for Civil Rights (“OCR”) published a Notice of Proposed Rulemaking (“NPRM”) to amend the Health Insurance Portability and Accountability Act...more

Baker Donelson

Proposed HIPAA Security Rule Updates

Baker Donelson on

The Office for Civil Rights (OCR) at the U.S. Department of Health and Human Services (HHS) issued a Notice of Proposed Rulemaking (NPRM) on December 27, 2024, to update the Health Insurance Portability and Accountability Act...more

Whiteford

Client Alert: HIPAA Happenings: U.S. Department of Health and Human Services Proposes Updated HIPAA Cybersecurity Rules

Whiteford on

On January 6, 2025, the U.S. Department of Health and Human Services (“DHHS”) Office of Civil Rights (“OCR”) published a proposed rule entitled, “HIPAA Security Rule to Strengthen the Cybersecurity of Electronic Health...more

McDermott Will & Emery

HHS OCR Proposes Significant Modifications to HIPAA Security Rule

§ 160.101 Statutory basis and purpose. The requirements of this subchapter implement sections 1171–1180 of the Social Security Act (the Act), sections 262 and 264 of Public Law 104–191, section 105 of Public Law 110–233,...more

Akerman LLP - Health Law Rx

New Year, New HIPAA Security Rule Requirements? OCR Proposes Sweeping Changes for HIPAA Security Rule to Bolster Cybersecurity

The U.S. Department of Health and Human Services (HHS) Office for Civil Rights (OCR) recently proposed a sweeping rewrite of the HIPAA Security Rule that, if finalized, will require that many Covered Entities and their...more

Saul Ewing LLP

Two CMPs and One Settlement Close Out 2024 HIPAA Enforcement

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December 2024 was an active month for the U.S. Department of Health and Human Services ("HHS"), Office for Civil Rights ("OCR"). OCR announced (i) a $1.19 million civil monetary penalty ("CMP") against Gulf Coast Pain...more

Davis Wright Tremaine LLP

HIPAA Security Rule Resolves To Hit the Gym and Bulk Up

For more than 20 years, the HIPAA Security Rule has been virtually unchanged other than extending its scope beyond covered entities to also include business associates. During that time, technology has changed, cybersecurity...more

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