News & Analysis as of

Policies and Procedures Risk Management Department of Health and Human Services (HHS)

Whiteford

New CMS EMTALA Portal Signals CMS Continued Focus on Enforcement Fight Against State Abortion Bans

Whiteford on

On May 21, the Centers for Medicare and Medicaid Services (CMS) announced a new option on CMS.gov to allow individuals to more easily file an Emergency Medical Treatment and Labor Act (EMTALA) complaint. Before launching the...more

Health Care Compliance Association (HCCA)

Privacy Briefs: October 2023

Report on Patient Privacy 23, no. 10 (October, 2023) Kaiser Foundation Health Plan Inc. and Kaiser Foundation Hospitals will pay California $49 million to resolve allegations that they unlawfully disposed of hazardous waste,...more

Fox Rothschild LLP

L.A. Care to Pay $1.3 Million Settlement Over HIPAA Violations: What You Need to Know

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A recent settlement entered into by the nation’s largest publicly operated health plan serves as a stark warning to all entities and business associates subject to the Health Insurance Portability and Accountability Act:...more

WilmerHale

HHS OCR Settles with iHealth Solutions Over Alleged HIPAA Violations

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On June 28, the US Department of Health and Human Services (HHS) Office for Civil Rights (OCR) announced a settlement (resolution agreement and corrective action plan) with iHealth Solutions (also known as Advantum Health)...more

Tarter Krinsky & Drogin LLP

HIPAA Compliance Lessons for Covered Entities

The recent settlement between the U.S. Department of Health and Human Services Office for Civil Rights (OCR) and a community hospital is a reminder of the importance of HIPAA compliance for all healthcare organizations. The...more

King & Spalding

Hospital Settles HIPAA Investigation Over Allegations of Medical Record Access by Security Guards

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On June 15, 2023, OCR announced a settlement with Yakima Valley Memorial Hospital (Yakima) after completing a HIPAA investigation regarding allegations that hospital security guards accessed medical records of 419 patients....more

Harris Beach PLLC

NIOSH-Approved Masks Defined as Covered Countermeasures for Liability Immunity Under Amended PREP Act Declaration

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As concern about availability of personal protective equipment (“PPE”) continues to grow amid the COVID-19 pandemic, the federal government continues to take action aimed at increasing the availability of PPE with important...more

McDermott Will & Emery

HHS OCR Issues Guidance Reminding Healthcare Providers to Avoid Discrimination in Making Care Decisions

As healthcare providers face surging demand for services arising out of the COVID-19 pandemic, they are simultaneously dealing with related equipment, space and workforce limitations. In this environment, the US Department of...more

Robinson+Cole Data Privacy + Security Insider

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

How Hospitals Can Balance Public Health Concerns, Patient Privacy in Responding to Coronavirus

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Recent guidance from the Office for Civil Rights and the Centers for Medicare and Medicaid Services reiterates that existing privacy laws and emergency preparedness standards provide an effective framework for providers...more

Epstein Becker & Green

Public Health vs. Patient Privacy – How Coronavirus is Putting HIPAA to the Test

In a recent blog post, colleagues in our Employment, Labor & Workforce Management practice addressed the legal framework pertaining to coronavirus (COVID-19) risks in the workplace. As the number of cases continues to the...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

Faegre Drinker Biddle & Reath LLP

$3 Million OCR HIPAA Settlement Due to Lost Flash Drive and Stolen Laptop

The University of Rochester Medical Center (URMC) and the Office for Civil Rights (OCR) at the U.S. Department of Health and Human Service (HHS) entered into a $3 million no-fault settlement agreement and two year corrective...more

Holland & Knight LLP

$500K HIPAA Mistake for Florida Healthcare Company

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Another government settlement demonstrates that not having a HIPAA compliance program can be costly. U.S. Department of Health and Human Services (HHS)'s Office for Civil Rights (OCR) announced, on Dec. 4, 2018, that Advanced...more

Holland & Knight LLP

CMS Memorandum Requires Legionella Risk Reduction in Healthcare Facilities

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According to a recent review of Legionnaires' disease outbreaks, 34 percent were associated with long-term care facilities and hospitals. Patients at risk of contracting Legionnaires' disease include smokers, those with...more

Bradley Arant Boult Cummings LLP

OIG Publishes New Tool for Measuring Compliance Program Effectiveness

The Department of Health and Human Services, Office of Inspector General (OIG), in conjunction with the Health Care Compliance Association, recently released a resource document to help healthcare organizations measure the...more

McDermott Will & Emery

OCR Enforcement Trends

On April 27, 2015, the U.S. Department of Health and Human Services (HHS) Office for Civil Rights (OCR) announced a resolution agreement with Cornell Prescription Pharmacy (CPP) pursuant to which CPP paid a $125,000...more

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