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Reporting Deadline for 2022 Small HIPAA Breaches: March 1, 2023

With 2023 underway, healthcare providers and other “covered entities,” as defined under the Health Insurance Portability and Accountability Act (“HIPAA”), should be mindful of the upcoming annual reporting deadline for small...more

Recent OCR HIPAA Enforcement Actions and Request for Information on HITECH Implementation

Enforcement Actions - In its first announcement of enforcement actions in 2022, the U.S. Department of Health and Human Services (“HHS”) Office for Civil Rights (“OCR”) simultaneously announced the resolution of three...more

Deadline Approaching to Report 2020 Small HIPAA Breaches

With 2021 underway, covered entities should be mindful of the annual Health Insurance Portability and Accountability Act (HIPAA) small breach reporting deadline. HIPAA requires covered entities to report breaches of unsecured...more

HHS Proposes Major Changes to the HIPAA Privacy Rule

Overview - On December 10th, the Office for Civil Rights (OCR) at the U.S. Department of Health and Human Services (HHS) announced significant proposed changes to the Health Insurance Portability and Accountability Act...more

HHS OCR Reaches $1.04 Million HIPAA Settlement with Affiliated Covered Entity

On July 27, 2020, the U.S. Department of Health and Human Services (HHS) Office for Civil Rights (OCR) announced a resolution agreement with Lifespan Health System Affiliated Covered Entity (Lifespan ACE) to resolve alleged...more

No Good Deed Goes Unpunished: Reporting Business Associate’s HIPAA Breach Results in Liability for Covered Entity

A recent Resolution Agreement between a solo practitioner physician practice and the U.S. Department of Health and Human Services Office for Civil Rights (OCR) reveals how complying with HIPAA by reporting a business...more

Good News for Covered Entities and Business Associates: Recent HHS HIPAA Pronouncements Acknowledge Realities and Soften Impact

In two recent pronouncements, the United States Department of Health and Human Services (HHS) has taken a balanced approach to interpreting the Health Insurance Portability and Accountability Act (HIPAA) regulations that...more

HIPAA Compliance for 2019: Enforcement Trends and Lessons Learned from 2018

After a relatively slow first six months, 2018 turned into an active year for HIPAA enforcement, with the Department of Health and Human Services’ (HHS) Office of Civil Rights (OCR) announcing the largest-ever HIPAA...more

Liability for HIPAA Violations Continues after a Business Ceases Operations

On February 13, 2018, the U.S. Department of Health and Human Services (HHS) Office for Civil Rights (OCR) announced its settlement with Filefax, Inc. to resolve alleged violations of the HIPAA Privacy Rule. Filefax was a...more

2017 HIPAA Enforcement: Year to Date Lessons

With the announcements from OCR of three resolution agreements and one civil money penalty as of mid-February, OCR is off to a record start for HIPAA enforcement in 2017, with double the announcements as the same time last...more

New OCR Guidance for Phase II HIPAA Audits

HHS Office for Civil Rights (OCR) recently issued guidance addressing its approach to the 2016 Phase II HIPAA Desk Audits. In its announcement of the guidance, OCR emphasized the broader applicability of these resources...more

OCR Update: HIPAA Phase 2 Audit Notices—Responses Due July 22, 2016

On July 11, 2016, e-mail notification was sent to 167 covered entities alerting them of their inclusion in the desk audit portion of OCR’s 2016 HIPAA audit program. Selected covered entities must respond no later than July...more

Charges for Medical Records: Are You Compliant with HIPAA?

Through a series of releases in the first half of 2016, HHS Office for Civil Rights (“OCR”) issued guidance on the individual right of access to protected health information (“PHI”) provided under HIPAA. One topic with...more

Phase 2 HIPAA Audits Underway: What Covered Entities and Business Associates Need to Know

On March 21, 2016, the Department of Health and Human Services (HHS) Office for Civil Rights (OCR) announced the beginning of Phase 2 of its HIPAA audits of covered entities and their business associates. Per the OCR...more

Upcoming Annual Deadline for HIPAA Breach Reporting: February 29, 2016

HIPAA covered entities should note the looming February 29, 2016 reporting deadline for breaches of unsecured protected health information that occurred in 2015 and involved fewer than 500 individuals. This Alert provides a...more

Four Questions to Ask before Disclosing (or Withholding) PHI in Transaction Due Diligence

HIPAA’s restrictions on the use or disclosure of protected health information (“PHI”) by a covered entity or business associate may be familiar to many in healthcare. Also familiar may be the exception that allows covered...more

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