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OCR’s Risk Analysis Initiative: Lessons From Recent HIPAA Enforcement Actions

Health care organizations are under pressure to shore up their cybersecurity response efforts. Much of this pressure is coming from the US Department of Health and Human Services Office for Civil Rights (OCR), which has made...more

Implications of New Federal Immigration Policies for Health Care Facilities, Part 2: Patient Privacy Concerns

On January 20, the US Department of Homeland Security (DHS) rescinded 2021 guidelines that previously designated hospitals, clinics, and other health care facilities as “protected areas” and limited immigration enforcement...more

HIPAA Reproductive Privacy Rule Takes Effect Amid Legal and Political Uncertainties

As of December 23, health care providers, health plans, and health care clearinghouses (covered entities) and their business associates (collectively, regulated entities) must comply with new reproductive health care privacy...more

Providers Face HIPAA Compliance Questions After Change Healthcare Cyberattack

Who will notify the potentially millions of individuals whose information might have been jeopardized by the massive cyberattack on Change Healthcare? Since the affiliate of UnitedHealth Group (UHG) first reported the...more

OCR Finalizes HIPAA Privacy Rule to Support Reproductive Health Care Privacy

On April 26, the US Department of Health and Human Services Office for Civil Rights (OCR) published a Final Rule that adds protections under the Health Insurance Portability and Accountability Act (HIPAA) Privacy Rule...more

Key Takeaways from OCR’s CY22 HIPAA Reports to Congress

On February 14, the US Department of Health and Human Services (HHS) Office for Civil Rights (OCR) issued its annual reports to Congress detailing its actions to enforce the privacy, security, and breach notification...more

California Adopts Privacy Protections for Digital Reproductive and Sexual Health Information

With the recent passage of Assembly Bill (AB) 254 and AB 1697, California’s Confidentiality of Medical Information Act (CMIA) will extend privacy protections to reproductive and sexual health information on mobile...more

OIG Finalizes Rule Authorizing Civil Monetary Penalties Against Information Blocking Violators

A final rule published on July 3, 2023, empowers the US Department of Health and Human Services (HHS) Office of Inspector General (OIG) to impose civil monetary penalties (CMP) of up to $1 million for unlawful acts of...more

Nevada and Washington State Pass Far-Reaching Consumer Health Data Privacy Laws

As more states adopt consumer data privacy laws, Nevada and Washington stand out for their recent passage of legislation aimed specifically at protecting “consumer health data.” Both states’ laws are notably broad in their...more

Telehealth Flexibilities Continue After End of COVID-19 Emergency

Telehealth experienced massive growth during the COVID-19 pandemic, due in no small part to various regulatory and reimbursement policies that federal agencies implemented following a declaration by the US Department of...more

Key Takeaways from OCR’s Latest Annual HIPAA Reports to Congress

On February 17, 2023, the US Department of Health and Human Services Office for Civil Rights (OCR) released two companion reports to Congress detailing its actions in 2021 to enforce the privacy, security, and breach...more

DOJ Prosecutes Physician and Pharmaceutical Sales Representative for Criminal HIPAA Scheme

Most violations of the Health Information Portability and Accountability Act (HIPAA) are addressed through administrative enforcement action. But, in some circumstances of improper conduct affecting the privacy or security of...more

Disclosing Patient Information in Responses to Online Reviews: Recent OCR Enforcement Action Is a Cautionary Tale

The HHS Office for Civil Rights (OCR) recently imposed a $50,000 civil monetary penalty on a dental practice that disclosed patient-identifying information in response to a negative online review. The case is a reminder that...more

HHS COVID-19 Public Health Emergency Persists as California COVID-19 Policies Are Set To Expire

The US Department of Health and Human Services’ (HHS) declaration that COVID-19 remains a public health emergency (PHE) will continue through July 15, 2022, and is expected to be renewed again through October 13, 2022....more

OCR Seeks Public Comments on HIPAA/HITECH Security and Enforcement Provisions

The HHS Office for Civil Rights is requesting comments about HIPAA covered entities’ and business associates’ implementation of “recognized security practices” and payments to “harmed individuals” from funds the agency...more

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