News & Analysis as of

Penalties Health Care Providers Health Insurance Portability and Accountability Act (HIPAA)

Holland & Knight LLP

Five Red Flags in De-identification and Data Monetization for Healthcare Companies

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Healthcare providers running on thin margins or just seeking new (and in the case of tax-exempt providers, permissible) revenue sources may jump at the chance when third party vendors offer to help them monetize their patient...more

King & Spalding

FTC Announces Final Rule Sweeping Consumer Digital Health Tech Under the Health Breach Notification Rule

King & Spalding on

On April 26, the Federal Trade Commission (FTC) approved its Final Rule revising the Health Breach Notification Rule (HBNR) (“Final Rule”) by a 3-2 vote. The HBNR requires vendors of personal health records (PHR) and related...more

Holland & Hart LLP

Avoiding HIPAA Penalties: A Checklist for Covered Entities

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The HIPAA Privacy, Security, and Breach Notification Rules apply to healthcare providers who engage in certain electronic transactions, healthcare clearinghouses, and health plans, including employee group health plans with...more

Proskauer - Health Care Law Brief

OIG Issues Final Information Blocking Enforcement Rule and Highlights the Potential for Referrals to the FTC and FCA Liability

On June 27, 2023, the Office of Inspector General (“OIG”) for the U.S. Department of Health and Human Services (“HHS”) released its final rule (“Final Rule”) implementing penalties for information blocking....more

Health Care Compliance Association (HCCA)

Revised Privacy Rule May Not Emerge for Two Years; Info Blocking Penalty Regulation Published

Report on Patient Privacy Volume 23, no 7 (July 2023) In two public talks this spring, Melanie Fontes Rainer, director of the HHS Office for Civil Rights (OCR), said completing the 2021 proposed regulation extensively...more

Snell & Wilmer

HHS Proposed Changes To Part 2 Rules To Align With HIPAA Privacy Rules

Snell & Wilmer on

On November 28, 2022, the U.S. Department of Health and Human Services (“HHS”) proposed sweeping changes to the rules that govern use and disclosure of protected health information (“PHI”) about patients receiving substance...more

Robinson+Cole Data Privacy + Security Insider

New Jersey Settles with Cancer Center Over Business Email Compromise

One of the challenging things about HIPAA (Health Insurance Portability and Accountability Act) enforcement is the fact that both the Office for Civil Rights and State AGs have jurisdiction to assess fines and penalties for...more

Mintz - Health Care Viewpoints

FTC Personal Health Records Breach Rule Applies to Health App and Connected Device Developers

On September 15, 2021, in response to the “proliferation of apps and connected devices that capture sensitive health data” the Federal Trade Commission (FTC) issued a Policy Statement (the Statement) offering guidance on the...more

Sheppard Mullin Richter & Hampton LLP

California Issues New Health Facility Breach Reporting Requirements

On July 1, 2021, the California Department of Public Health (“CDPH”) issued new regulations (the “Regulations”) effective immediately that more narrowly limit the circumstances under which instances of unauthorized access to...more

Steptoe & Johnson PLLC

OCR Waives HIPAA Penalties Against Providers Using Electronic COVID-19 Vaccine Scheduling

On February 24, 2021, the Office for Civil Rights at the U.S. Department of Health and Human Services (“OCR”) announced that it will not impose penalties against covered entities or their business associates that use online...more

Wiley Rein LLP

Safeguarding Health Information in the Apps Ecosystem: A Reminder from the California AG

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California Attorney General Xavier Becerra charged Glow, Inc. (Glow), a fertility health app, with privacy and basic security failures that allegedly put women’s “deeply-sensitive” personal and medical information at risk....more

Steptoe & Johnson PLLC

HIPAA Right to Access Failures – Continued Penalties for Providers

Steptoe & Johnson PLLC on

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

Ballard Spahr LLP

HIPAA 2019 Year in Review: OCR’s Enforcement of HIPAA Security Rule

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Although the U.S. Department of Health and Human Services (HHS) Office for Civil Rights (OCR) may yet announce one or two year-end settlements, it appears that 2019 will be known more for the implementation of changes in...more

Baker Donelson

Physicians, Think Before You Yelp??

Baker Donelson on

Health care providers should take heed of the $10,000 settlement announced on October 2, 2019 between the U.S. Department of Health and Human Service (HHS) Office for Civil Rights (OCR) and a small dental practice based on...more

Hogan Lovells

HIPAA Penalty Caps to Be Reduced and Tied to Culpability Level

Hogan Lovells on

In a dramatic turn, the US Department of Health and Human Services (HHS) has announced that effective immediately, penalties for many HIPAA violations will be subject to substantially reduced limits. ...more

Bricker Graydon LLP

Judge upholds fourth largest HIPAA penalty of $4.3 million for Texas cancer center

Bricker Graydon LLP on

The U.S. Department of Health and Human Services Office of Civil Rights (OCR) announced that an administrative law judge has upheld its fourth largest HIPAA penalty against the University of Texas MD Anderson Cancer Center....more

Ballard Spahr LLP

Appeals Board Upholds $4.3 Million in HIPAA Penalties Against Hospital

Ballard Spahr LLP on

The Departmental Appeals Board of the Department of Health and Human Services (“Board”) has granted summary judgment against the University of Texas MD Anderson Cancer Center (“Center”) and upheld the imposition of $4.3...more

K&L Gates LLP

K&L Gates Triage: Protecting Patient Information in Bankruptcy Cases

K&L Gates LLP on

In this episode, Margaret Westbrook discusses privacy issues that may affect health care providers when filing proofs of claim in the bankruptcy court. Given the potential for public access of these records, it is important...more

Akerman LLP - Health Law Rx

Lack of Timely Action and Knowledge of Risk Results in $3.2 Million Civil Monetary Penalty for HIPAA Violations

Children’s Medical Center of Dallas (Children’s) was hit with a $3.2 million civil penalty from the U.S. Department of Health and Human Services, Office for Civil Rights (OCR) for failing to take steps to properly protect...more

Ballard Spahr LLP

OCR Announces First HIPAA Enforcement Action against a Business Associate

Ballard Spahr LLP on

The U.S. Department of Health and Human Services Office for Civil Rights (OCR) announced an agreement with Catholic Health Services of the Archdiocese of Philadelphia (CHCS), settling allegations that CHCS violated the Health...more

Winstead PC

New ADA and GINA Wellness Regulation Changes Complicate Wellness Program Compliance Analysis and Risks

Winstead PC on

Wellness programs should all be reviewed considering the Americans with Disabilities Act (“ADA”) and the Genetic Information Nondiscrimination Act (“GINA”) regulatory changes because noncompliance with the new requirements do...more

Womble Bond Dickinson

A Detailed Analysis of Changes to HIPAA and the Implications for Healthcare Providers and Others in the Healthcare Industry: HIPAA...

Womble Bond Dickinson on

Changes to the HIPAA Enforcement Rule - Background: On October 30, 2009, HHS issued an interim final rule revising the Enforcement Rule to incorporate provisions of the HITECH Act. The NPRM then proposed a number of...more

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