News & Analysis as of

Protected Health Information Health Care Providers Disclosure Requirements

Gardner Law

Navigating HIPAA and State Privacy Laws for Drug and Device Manufacturers

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The Health Insurance Portability and Accountability Act of 1996 as amended and implemented through regulations at 45 C.F.R. §§ 160 and 164 (“HIPAA”) regulates the privacy and security of health information. For drug and...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

Rivkin Radler LLP

[Webinar] Lunch and Learn Series: Conducting HIPAA Breach Assessments and Disclosures: Requirements and Tips for Success - June...

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On Thursday, June 13, the next installment of Rivkin Radler’s Healthcare Compliance Lunch & Learn series, will be presented by Rivkin Radler Partner Ashley Algazi and moderated by Robert Hussar. The program, “Conducting HIPAA...more

Quarles & Brady LLP

Key Considerations for Healthcare Providers Responding to Law Enforcement Requests

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Why is everyone talking about provider disclosures to law enforcement of late? The Senate Finance Committee authored a letter to Xavier Becerra, Secretary of the U.S. Department of Health and Human Services (HHS), outlining...more

Holland & Hart LLP

Business Associate Agreements: Requirements and Suggestions

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The HIPAA Privacy and Security Rules generally require covered entities (including most healthcare providers) to execute written agreements (“business associate agreements” or “BAAs”) with their business associates before...more

Holland & Hart LLP

HIPAA and Subpoenas, Orders, and Administrative Demands

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The HIPAA privacy rules (45 CFR § 164.501 et seq.) generally prohibit healthcare providers and their business associates from disclosing protected health information in response to subpoenas and other government demands...more

Health Care Compliance Association (HCCA)

[Webinar] Managing the Disclosure of PHI to Law Enforcement during Crisis Encounters - September 25th, 12:00 pm - 1:30 pm CT

Learning objectives - Becoming familiar with the HIPAA and 42 CFR Part 2 restrictions to sharing PHI with law enforcement when responding to a crisis - A review of the permissible disclosures of PHI to law enforcement...more

King & Spalding

FTC Proposes Enforcement Action Prohibiting GoodRx from Disclosing Users’ Health Information for Advertising

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On February 1, 2023, the Federal Trade Commission (FTC) announced that it has taken enforcement action for the first time under its Health Breach Notification Rule (HBNR) against GoodRx Holdings Inc. (GoodRx), for allegedly...more

Rivkin Radler LLP

[Webinar] Lunch and Learn Series: Conducting HIPAA Breach Assessments and Disclosures: Requirements and Tips for Success -...

Rivkin Radler LLP on

Please join us as Rivkin Radler Associate Ashley Algazi presents the September Lunch and Learn. The program will: - Review HIPAA breach definition - Discuss the analysis and investigation process to determine if a...more

Mintz - Health Care Viewpoints

Protecting Health Information Post Roe – Part 2: Steps for Health Care Providers

State laws that restrict or criminalize abortions will require significant amounts of health information to enforce, putting new pressure on health care providers caught in the middle of competing obligations to their...more

Holland & Hart LLP

Employee Vaccine Information: Privacy Concerns

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Given the COVID-19 vaccine mandates, employers—including healthcare entities—will need to confirm their employees’ vaccination status. Employers and healthcare providers must ensure they comply with privacy rules relating to...more

Health Care Compliance Association (HCCA)

Compliance Perspectives: Permissible Disclosures under HIPAA, Especially in the Time of COVID-19

With the COVID-19 pandemic demands for Personal Health Information (PHI) from law enforcement, the press, politicians and the public are increasing. While there may be good reasons behind many of these demands, healthcare...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

Hinshaw & Culbertson - Health Care

Exceptions Under the HIPAA Privacy Rule for Disclosure of PHI Without Patient Authorization

The Novel Coronavirus (COVID-19) has presented the healthcare industry with an abundance of issues and questions, most of which revolve around public health and safety. Recognizing the wide-reaching effects of COVID-19, the...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

Akerman LLP - Health Law Rx

Healthcare Providers Must Remember HIPAA Before Responding to Online Reviews

The latest HIPAA resolution agreement by the U.S. Department of Health and Human Services Office for Civil Rights (OCR) is a reminder that healthcare providers must take the high road when responding to unflattering online...more

Ballard Spahr LLP

OCR Announces $10,000 Settlement for Disclosure of Patients’ PHI through Social Media

Ballard Spahr LLP on

The Office for Civil Rights (OCR) at the Department of Health and Human Services announced it reached a settlement with Elite Dental Associates of Dallas (Elite) to resolve a complaint alleging Elite impermissibly disclosed a...more

Cranfill Sumner LLP

HIPAA Compliance in Response to a Subpoena

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We are frequently approached by health care providers who have received a subpoena demanding patient records for a lawsuit to which the health care provider is not a party. Often times these subpoenas arrive without warning...more

Ballard Spahr LLP

The Office for Civil Rights Speaks: HIPAA Liabilities Contained (Except When They Aren’t)

Ballard Spahr LLP on

After a quiet winter, the Department of Health and Human Services’ Office for Civil Rights (OCR) revived with the spring, issuing a set of frequently asked questions and two recent announcements. ...more

Bass, Berry & Sims PLC

Modifying the HIPAA Rules: The Next Leg in HHS’s Sprint to Coordinated Care

Bass, Berry & Sims PLC on

On December 14, 2018, the U.S. Department of Health and Human Services (HHS), Office for Civil Rights (OCR) issued a Request for Information (RFI) seeking comments on potential modifications to the HIPAA Rules focused on...more

Ward and Smith, P.A.

HIPAA: Responding to Law Enforcement and Administrative Requests and Demands Part I

Ward and Smith, P.A. on

The Health Insurance Portability and Accountability Act ("HIPAA") Privacy Rule attempts to strike a balance between the protection of a patient's privacy and the performance of important law enforcement functions. This...more

Bricker Graydon LLP

HIPAA access versus authorization

Bricker Graydon LLP on

The nuances of the HIPAA right of access rule continue to pose challenges for health systems. Guidance previously released by The U.S. Department of Health and Human Services (HHS) included extensive information on all...more

Burr & Forman

Office of Civil Rights Issues Guidance on HIPAA in Light of Opioid Crisis

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With an increased focus on opioid use and addiction, the Department of Health and Human Services (“HHS”) Office of Civil Rights (“OCR”) has issued guidance related to the Health Insurance Portability and Accountability Act of...more

Baker Donelson

"Breaking Bad" News: Sharing PHI During Opioid Crisis

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In response to President Trump's declaration of the opioid crisis as a public health emergency, the Office for Civil Rights (OCR) released guidance intended to educate health care providers on how they can respond to requests...more

Nossaman LLP

Don’t Forget HIPAA’s “Minimum Necessary” Rule When Making Health Information Disclosures

Nossaman LLP on

When Covered Entities or Business Associates or their counsel analyze whether a particular disclosure of Protected Health Information (or “PHI,” as defined in HIPAA) is permissible, they should be sure also to analyze whether...more

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