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Tell Me Again: What Can Covered Entities (Or Their Business Associates) Charge For Medical Records Requests?

The answer to this question has changed yet again. I’ve blogged on this topic several times in the past, and described the question as a wriggling worm. Plaintiff Ciox Health, LLC has finally managed to catch that worm and...more

Back To School And Back To BAAs: OCR Guidance Provides Reason To Review BAA Provisions

Last May, around the time many schools let out for the summer, the Office for Civil Rights (“OCR”) published guidance entitled “Direct Liability of Business Associates” (the “Guidance”), which focuses, not surprisingly, on...more

Too Much (Protected Health) Information Exposed + Too Little Response = $3M And Corrective Action Plan For Medical Imaging Company

“TMI” usually means “too much information”, but it was used aptly by the Office for Civil Rights (OCR) as an acronym for a covered entity that exposed protected health information (PHI) of more than 300,000 patients through...more

HIPAA Security And “Zero Day” Exploits: How To Stay Ahead Of The Hack

HHS Office for Civil Rights (OCR)’s April 3, 2019 cybersecurity newsletter highlights one of the more challenging cybersecurity vulnerabilities faced by covered entities and business associates. OCR reminds covered entities...more

To BAA Or Not To BAA? The Question A Florida Provider Should Have Asked In 2011 Results In A Half Million Dollar Payment In 2018

Yesterday’s listserv announcement from the Office for Civil Rights (OCR) within the U.S. Department of Health and Human Services (HHS) brought to mind this question. The post announces the agreement by a Florida company,...more

When HIPAA Compliance Is Not Enough: The Territorial Scope Of GDPR

The European Union’s General Data Protection Regulation (GDPR) went into effect on May 25, 2018. Whereas HIPAA applies to particular types or classes of data creators, recipients, maintainers or transmitters (U.S. covered...more

Top 5 Common HIPAA Mistakes To Avoid In 2018

Heading into its 22nd year, HIPAA continues to be misunderstood and misapplied by many, including health care industry professionals who strive for (or at least claim the mantle of) HIPAA compliance. Here is my “top 5” list...more

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