News & Analysis as of

Office of Civil Rights Health Insurance Portability and Accountability Act (HIPAA) Disclosure

Health Care Compliance Association (HCCA)

OCR: Rule Halts Disclosures Under ‘Presumption of Lawfulness,’ Shares Model Attestation Form

Attestations are at the heart of permissible disclosures under the HHS Office for Civil Rights’ (OCR) new reproductive health privacy rule—and OCR wants covered entities (CEs) and business associates (BA) to use them now. The...more

Chambliss, Bahner & Stophel, P.C.

OCR Finalizes Post-Dobbs HIPAA Regulatory Changes Impacting Health Care Organizations

On April 22, 2024, the Office for Civil Rights (OCR) at the U.S. Department of Health and Human Services announced final regulatory updates to the Privacy Rule under the Health Insurance Portability and Accountability Act of...more

Bressler, Amery & Ross, P.C.

OCR Issues Further Guidance on Use of Web Trackers by Regulated Entities

On March 18, 2024, The Office for Civil Rights OCR revised its guidance on “Use of Online Tracking Technologies by HIPAA Covered Entities and Business Associates” and issued a bulletin to remind regulated entities and the...more

Bradley Arant Boult Cummings LLP

FTC and OCR Take Aim at Tracking Pixels in Joint Letter Warning Hospitals and Telehealth Providers About Privacy and Security...

In July 2023, the Federal Trade Commission (FTC) and the U.S. Department of Health and Human Services Office of Civil Rights (OCR) sent a joint letter to approximately 130 hospital systems and telehealth providers raising...more

Sheppard Mullin Richter & Hampton LLP

State Attorneys General Pen Letter to OCR Advocating for Greater Privacy Protection of Reproductive Health Care Information

On June 16, 2023, nearly half of the State Attorneys General penned a letter (the “Letter”) to the U.S. Department of Health and Human Services, Office for Civil Rights (“OCR”) advocating for broader privacy protections...more

Spilman Thomas & Battle, PLLC

OCR and HIPAA Compliance – The Next Step

Recently, lawsuits have been filed against Duke and WakeMed regarding their use of Meta’s Meta Pixel tracking product and the alleged improper disclosure of patients’ protected health information (“PHI”). The U.S. Department...more

Pullman & Comley - Connecticut Health Law

Factors for Connecticut Health Providers to Consider When Responding to “Required by Law” Requests for Disclosure of Protected...

In June 2022, the HHS Office for Civil Rights issued new HIPAA Privacy Rule Guidance in response to the Supreme Court’s decision in Dobbs v Jackson Women’s Health Organization and state legislation which followed the decision...more

K&L Gates LLP

Privacy of Health Information After Dobbs: OCR Guidance on Disclosures of PHI and the Privacy of Personal Information on Devices

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On 28 June 2022, in the wake of the U.S. Supreme Court’s ruling in Dobbs vs. Jackson Women’s Health Organization, the U.S. Department of Health and Human Services (HHS) Secretary Xavier Becerra directed the Office for Civil...more

Troutman Pepper

OCR Issues Guidance Regarding Disclosures Related to Reproductive Health Care

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In the wake of the Supreme Court’s decision to overturn Roe v. Wade, which interpreted a right to abortion in the Constitution through the 14th Amendment, the Department of Health and Human Services (HHS) Office of Civil...more

Amundsen Davis LLC

Keeping an Eye on PHI: OCR Guidance Concerning Permissible Disclosures of Reproductive Health PHI following Dobbs

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On June 29, 2022, the U.S. Department of Health and Services’ Office for Civil Rights (OCR) issued guidance for healthcare providers and patients concerning the privacy protections afforded to a patient’s health information...more

Cozen O'Connor

Office of Civil Rights Releases Patient Privacy Guidance in the Wake of Dobbs Decision

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Patient privacy concerns are at an all-time high following the Supreme Court’s ruling in Dobbs v. Jackson Women’s Health Organization. Following their statements affirming that abortion constitutes basic and essential health...more

Steptoe & Johnson PLLC

New HIPAA Guidance from OCR on COVID-19 Vaccines and the Workplace

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The U.S. Department of Health and Human Services Office for Civil Rights (“OCR”) issued guidance regarding the Health Insurance Portability and Accountability Act of 1996 (“HIPAA”) privacy rule (the “Privacy Rule”) in the...more

Rivkin Radler LLP

OCR Issues Guidance on COVID-19 Vaccination Disclosures and HIPAA

Rivkin Radler LLP on

On September 30, the U.S. Department of Health and Human Services’ Office for Civil Rights (OCR) announced that it issued guidance to clarify that the HIPAA Privacy Rule does not prohibit businesses from asking customers,...more

Jackson Lewis P.C.

OCR Speaks To HIPAA, COVID-19 Vaccinations, Privacy, And The Workplace

Jackson Lewis P.C. on

When use or disclosure of an individual’s health information or medical records is at issue, the assumption seems to be, much more often than not, that the HIPAA privacy and security rules apply. This has certainly been the...more

McDermott Will & Emery

OCR Issues Proposed Modifications to HIPAA Privacy Rule to Remove Barriers to Coordination of Care and Reduce Regulatory Burden

McDermott Will & Emery on

On December 10, 2020, the US Department of Health and Human Services (HHS) Office for Civil Rights (OCR) issued a Notice of Proposed Rulemaking (NPRM) with proposed modifications to the Standards for the Privacy of...more

Foley Hoag LLP - Medicaid and the Law

New Developments in HIPAA and Related Issues in Health Information Law

Halloween or HIPAA: Which is Scarier? HIPAA and the Pandemic - Telehealth: - On Friday, March 20, 2020, OCR announced it will “exercise its enforcement discretion and will not impose penalties for noncompliance with...more

Butler Snow LLP

Privacy Versus Pandemic: Must HIPAA Yield to a Public Health Emergency?

Butler Snow LLP on

The worldwide COVID-19 pandemic visited on America in the past several months has quickly reinvigorated the foundational and important debate concerning where, in a free society, individual autonomy ends (or should end) and...more

Bricker Graydon LLP

COVID-19 Update: Providers beware – OCR reiterates that HIPAA restrictions on disclosures to the media apply during the pandemic

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On May 5, 2020, the Office for Civil Rights (OCR) issued additional guidance on HIPAA compliance during the COVID-19 pandemic. OCR affirmed that the restrictions on disclosures of protected health information...more

Robinson+Cole Health Law Diagnosis

U.S. Health & Human Services – Office of Civil Rights Issued Guidance Regarding HIPAA Privacy and Novel Coronavirus

The Office of Civil Rights (OCR) last month provided guidance and a reminder to HIPAA covered entities and their business associates regarding the sharing of patient health information (PHI) under the Health Insurance...more

Morgan Lewis - ML Benefits

HIPAA Privacy Rule Still Applies for Employers Amid 2019 Novel Coronavirus Outbreak

Since the 2019 Novel Coronavirus (COVID-19) was first detected in December, the death toll has continued to rise as the virus quickly spreads. Centers for Disease Control (CDC) officials have stated that while the immediate...more

Foley & Lardner LLP

HIPAA: OCR Releases New FAQs Clarifying Disclosures Amongst Covered Entities

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On June 26, 2019, the Department of Health and Human Services Office for Civil Rights (OCR) issued two new FAQs that clarify: The parameters around covered entities sharing protected health information (PHI) for a...more

Sheppard Mullin Richter & Hampton LLP

OCR Seeks Ideas on HIPAA Rule Changes to Promote Value-Based Care and Coordinated Care

The Office for Civil Rights (“OCR”) issued a request for information (“RFI”) to assist OCR in identifying provisions of the Health Insurance Portability and Accountability Act (“HIPAA”) privacy and security regulations (the...more

Holland & Knight LLP

A New HIPAA Accounting Rule on the Horizon?

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Under HIPAA, patients have a right to information about certain disclosures, referred to as an accounting. Under the current iteration of the regulations, covered entities and business associates need not account for...more

Blank Rome LLP

Health Care Providers Responding to Ebola: HHS Issues Guidance Reminding Covered Entities that HIPAA Allows the Sharing of PHI in...

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The Department of Health and Human Services (“HHS”) Office of Civil Rights (“OCR”) has issued guidance to remind HIPAA-covered entities of the ways in which they are permitted under HIPAA to share protected health information...more

Cozen O'Connor

“Cha-Ching” – HIPAA Settlement Reaches New Heights and Signals More To Come

Cozen O'Connor on

In the largest HIPAA enforcement action to date, the Department of Health and Human Services (HHS) Office for Civil Rights (OCR) extracted $4.8 million from two leading New York institutions, New York-Presbyterian Hospital...more

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