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OCR Issues Proposed Rule to Strengthen Cybersecurity for ePHI

The Office for Civil Rights (“OCR”) under the U.S. Department of Health and Human Services (“HHS”) recently issued a Notice of Proposed Rulemaking (the “Proposed Rule”) to modify the Health Insurance Portability and...more

OCR Announces Risk Analysis Initiative

The U.S. Department of Health and Human Services, Office for Civil Rights (“OCR”), which enforces HIPAA, recently announced a new enforcement initiative, the Risk Analysis Initiative, in conjunction with OCR’s seventh...more

OCR Announces Latest in Right of Access Enforcement Actions With Imposition of Civil Monetary Penalty

On August 1, 2024, the U.S. Department of Health and Human Services, Office for Civil Rights (“OCR”) announced the imposition of a civil monetary penalty (“CMP”) of $115,200 collected against American Medical Response...more

HHS Finalizes Healthcare Provider Disincentives for Information Blocking

Recently, the United States Department of Health and Human Services (“HHS”), Centers for Medicare & Medicaid Services (“CMS”), and Office of the National Coordinator for Health Information Technology (“ONC”) announced the...more

Responding to a Third-Party Data Breach: Practical Legal and Compliance Steps

Cyberattacks and data incidents are rapidly increasing, and third-party services companies are a frequent source of exposure for healthcare providers. Healthcare is a prime target for cybercriminals, with ransomware and...more

OCR Settles First Phishing Cyber-Attack Investigation with a Louisiana Medical Group

On December 7, 2023, the U.S. Department of Health and Human Services (“HHS”) Office for Civil Rights (“OCR”) announced its first-ever settlement involving a phishing attack under the Health Insurance Portability and...more

Information Blocking Penalties for Healthcare Providers: HHS Proposed Rule

The U.S. Department of Health and Human Services (“HHS”) on October 30, 2023, issued a Notice of Proposed Rulemaking (“NPRM”) to establish penalties for healthcare providers found to have committed information blocking. This...more

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

The Latest HIPAA Enforcement News From HHS OCR

In recent weeks, the U.S. Department of Health and Human Services (“HHS”) Office for Civil Rights (“OCR”) has announced 12 resolution agreements settling alleged violations of the HIPAA rules. Covered entities and business...more

Upcoming Annual Deadline for HIPAA Small Breach Reporting: March 1, 2022

HIPAA-covered entities should note the quickly approaching March 1, 2022 deadline for reporting breaches of unsecured protected health information that occurred in 2021 and involved fewer than 500 individuals. This article...more

OCR Reaches Its Twentieth Settlement Under the Two-Year-Old Right of Access Initiative

The Office for Civil Rights (OCR) at the U.S. Department of Health and Human Services (HHS) recently announced the 20th Resolution Agreement in its Health Insurance Portability and Accountability Act (HIPAA) Right of Access...more

OIG to Audit Telehealth Services Provided During Pandemic by Part B and Home Health Providers

The U.S. Department of Health and Human Services (HHS), Office of Inspector General (OIG) recently updated its 2021 Work Plan in January to include audits of Medicare Part B and home health telehealth services by OIG’s Office...more

HIPAA Compliance: Highlights from 2020 and Focus Areas for 2021

2020 was an active year for HIPAA regulatory activity by the U.S. Department of Health and Human Services (HHS) Office for Civil Rights (OCR). In this article, we take a look at some of the HIPAA highlights from 2020 and...more

AGG Food & Drug Newsletter - December 2020

Arnall Golden Gregory LLP's Food & Drug Newsletter is a monthly update of legal and regulatory issues that affect the FDA-regulated community and highlights articles from members of our Food & Drug practice, as well as from...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

The Year Ahead: Telehealth in 2021 - Will Auld Acquaintance Be Forgot?

As the end of 2020 approaches, the melody to “Auld Lang Syne” inevitably comes to mind. The meaning of this song is particularly appropriate as we consider what will stay, and what will pass when it comes to telehealth in...more

Compliance Takeaways from OCR’s Eighth and Ninth Settlements in HIPAA Right of Access Initiative

Last week, the Office for Civil Rights (OCR) at the U.S. Department of Health and Human Services (HHS) continued in its recent trend of rapid settlement agreement announcements. With two more settlements announced in quick...more

Playing Catch Up? HHS OCR Announces Eight New HIPAA Settlements in September

In a flurry of recent activity, the U.S. Department of Health and Human Services (HHS) Office for Civil Rights (OCR) has announced eight resolution agreements since September 15, 2020. These resolution agreements settle...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

HHS OCR Reaches HIPAA Settlement with Small Rural Health Care Provider

On July 23, 2020, the Department of Health and Human Services (HHS) Office for Civil Rights (OCR) announced a resolution agreement with a small health care provider regarding an alleged breach of HIPAA Security Rule...more

HHS Renews Public Health Emergency Declaration for COVID-19

On July 23, 2020, U.S. Department of Health and Human Services (HHS) Secretary Alex Azar renewed the declaration that a national public health emergency (PHE) exists due to the COVID-19 pandemic....more

HIPAA Waivers and Compliance in COVID-19 Pandemic

In this update, we incorporate information on waivers of penalties for noncompliance with the regulatory requirements under the HIPAA Rules against covered health care providers in connection with the good faith provision of...more

HIPAA 2019 Enforcement Trends and Compliance Focus Areas for 2020

After a quiet start, 2019 developed into another active enforcement year for HIPAA, with a notable flurry of activity in the last three months of 2019....more

D.C. Court Throws Out Portion of HIPAA Regulations and Guidance: HHS Position Reversed Regarding Access and Copy Fees for Third...

The U.S. District Court for the District of Columbia has vacated controversial portions of the U.S. Department of Health and Human Service’s (“HHS”) regulations and guidance regarding access and copy fees for third party...more

In $3 Million HIPAA Settlement, OCR Again Emphasizes Importance of Security Rule Compliance and Timely Breach Response

In its second HIPAA resolution agreement of 2019, the U.S. Department of Health and Human Services, Office for Civil Rights (OCR) again emphasizes the importance of compliance with the HIPAA Security Rule and of both timely...more

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