News & Analysis as of

Office of Civil Rights Electronic Medical Records Department of Health and Human Services (HHS)

Ballard Spahr LLP

2024 HIPAA Developments

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Over the course of the past few months, the Office of Civil Rights (OCR) and the Office of the National Coordinator for Health Information Technology (ONC), both of which are divisions of the U.S. Department of Health and...more

Quarles & Brady LLP

Substance Abuse Disorder Records (42 CFR Part 2) Final Rule Is Here!

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The U.S. Department of Health and Human Services (HHS) Office for Civil Rights (OCR) and Substance Abuse and Mental Health Services Administration (SAMHSA) released its anticipated Final Rule last week. The Final Rule revises...more

BakerHostetler

BakerHostetler Files Amicus Brief on Behalf of 30 Hospitals and Health Systems

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As noted back in December 2022, the U.S. Department of Health and Human Services Office for Civil Rights (OCR) has issued dramatic guidance (often called the Bulletin) that targets the use of so-called Internet “tracking...more

Sheppard Mullin Richter & Hampton LLP

Regulators Send Warning Letter to Hospitals and Telehealth Providers About Tracking Technology Use

The FTC and OCR at HHS are continuing to scrutinize the use of tracking technologies that may reveal information about a person’s health or health status. Both agencies recently sent a letter to a reported 130 hospitals and...more

Alston & Bird

HHS and FTC Fire a Warning Shot at Healthcare Companies Using Online Tracking Technologies

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On July 20, 2023, the Office for Civil Rights (“OCR”) of the U.S. Department of Health and Human Services (“HHS”), and the Federal Trade Commission (“FTC”) published a joint letter sent to approximately 130 hospital systems...more

McDermott Will & Emery

HIPAA Compliance 101: Lessons from a Recent OCR Settlement

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The US Department of Health and Human Services Office for Civil Rights (OCR) recently announced a settlement with a community hospital resolving an investigation under the Health Insurance Portability and Accountability Act...more

Akerman LLP - Health Law Rx

All Good Things Must Come to an End: The Expiration of OCR’s Enforcement Discretion

On April 11, 2023, the Department of Health and Human Services’ Office for Civil Rights (OCR) confirmed that four notifications of enforcement discretion regarding enforcement of the HIPAA Privacy, Security, and Breach...more

BakerHostetler

OCR Guidance on Use of Tracking Technologies Warrants Review of Website Tech

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The U.S. Department of Health and Human Services Office for Civil Rights (OCR) issued guidance regarding covered entities’ and business associates’ use of tracking technologies (the Guidance). As discussed in greater detail...more

Bricker Graydon LLP

Are you regulated under HIPAA? Ensure your website or app’s user tracking is HIPAA compliant

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On December 1, 2022, the Centers for Medicare and Medicaid Services’ Office of Civil Rights (OCR) issued new guidance to covered entities and business associates regarding website and application user data tracking and how...more

Hogan Lovells

Not so fast: HHS OCR warns that HIPAA applies to online tracking technologies

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Covered Entities and Business Associates must comply with HIPAA in their use of online tracking technologies, including cookies, pixels or similar code. The U.S. Department of Health and Human Services (HHS), Office for Civil...more

Health Care Compliance Association (HCCA)

Report on Medicare Compliance Volume 30, Number 7. News Briefs: February 2021 #2

Report on Medicare Compliance 30, no. 7 (February 22, 2021) - A Michigan woman is the first in the nation to be charged criminally with misappropriating money from the Provider Relief Fund (PRF), the Department of Justice...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

HHS OCR announces results of most recent round of HIPAA audits

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On December 17, 2020, the U.S. Department of Health and Human Services (HHS) Office for Civil Rights (OCR) issued its Industry Report on the HIPAA audits it conducted in 2016 and 2017. OCR found widespread noncompliance with...more

Ruder Ware

Major Changes Proposed to HIPAA Privacy Rules

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Late last week, the United States Department of Health and Human Services (HHS), Office for Civil Rights issued a Notice of Proposed Rulemaking (NPR) to make significant revisions to the Health Insurance Portability and...more

Saul Ewing LLP

Academic Medical Center Agrees to Pay $65,000 in the 12th OCR Settlement as Part of OCR’s HIPAA Right of Access Initiative

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On November 19, 2020, the Office for Civil Rights (“OCR”) at the U.S. Department of Health and Human Services (“HHS”) announced it had settled its 12th enforcement action in its HIPAA Right of Access Initiative (the...more

Rivkin Radler LLP

OCR Updates Mobile Health App Resources

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The U.S. Department of Health and Human Services’ Office for Civil Rights (OCR) recently unveiled a new website with updated guidance and resources for mobile health app developers regarding the HIPAA Privacy, Security, and...more

Rivkin Radler LLP

OCR Announces Five HIPAA “Right of Access” Settlements

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On September 15, the U.S. Department of Health and Human Services’ Office for Civil Rights (OCR) announced five new settlements relating to enforcement of HIPAA’s right of access rule. Under HIPAA, patients have the right to...more

Foley & Lardner LLP

COVID-19: HHS Permits Business Associates to Use and Disclose PHI for Public Health and Health Oversight Purposes Without Amending...

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The Department of Health and Human Services (HHS) announced on April 2 that HHS is exercising its enforcement discretion to permit business associates to use and disclose protected health information (PHI) for public health...more

Saul Ewing LLP

Solo Practitioner Agrees to $100,000 Settlement for HIPAA Security Rule Violations

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On March 3, 2020, the Office for Civil Rights (OCR) at the U.S. Department of Health and Human Services (HHS) announced a $100,000 settlement and corrective action plan with Steven A. Porter, M.D. to resolve potential...more

Epstein Becker & Green

HHS Addresses Federal Court Invalidation of Certain Provisions of the HIPAA rule Relating to the Third-Party Requests for Patient...

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On January 28, 2020, the Department of Health & Human Services (“HHS”) Office for Civil Rights (“OCR”) addressed a federal court’s January 23rd invalidation of certain provisions of the Health Insurance Portability and...more

Troutman Pepper

Google Health's Partnerships Raise Privacy Concerns

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Google Health’s Partnerships Raise Privacy Concerns - Recently, Google has been at the center of privacy concerns due to its health- sharing collaborations with the University of Chicago Medical Center (the Medical Center)...more

Robinson+Cole Health Law Diagnosis

Texas Health and Human Services Fined $1.6 Million for HIPAA Violations

The Office for Civil Rights (OCR) announced that it has fined the Texas Health and Human Services Commission (TXHHS) $1.6 million for HIPAA violations. This is one of the few fines the OCR has levied against a state agency....more

Polsinelli

Important Highlights from the NIST/OCR HIPAA Security Conference Last Week

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Every year, the National Institute of Standards and Technology (NIST) and the Department of Health and Human Services, Office for Civil Rights (OCR) jointly sponsor a conference to “address the dynamic and challenging...more

Hogan Lovells

OCR Provides Insight into Enforcement Priorities and Breach Trends

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Regulators, industry experts, and researchers provided insight into health privacy and security enforcement trends, emerging threats, and new tools at a recent conference focused on the Health Insurance Portability and...more

Ballard Spahr LLP

HIPAA Guidance and Enforcement: A New Alignment?

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The Office of Civil Rights (OCR) of the U.S. Department of Health and Human Services (HHS) announced that it has entered into a settlement with a business associate that provides electronic medical records services to health...more

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