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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

AGG Talks: Women in Tech Law Podcast - Episode 2: Legal and Compliance Strategies for Healthcare Providers Navigating the AI... [Audio]

In this episode, AGG Women in Tech Law attorneys Jackie Cooney, Madison Pool, and Michelle Davis discuss the intersection of AI and healthcare, focusing on how providers can effectively deploy AI tools while navigating the...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

OCR Issues Updated Guidance on “Use of Online Tracking Technologies by HIPAA Covered Entities and Business Associates”

The U.S. Department of Health and Human Services Office for Civil Rights (“OCR”) recently released a revised version of its guidance titled “Use of Online Tracking Technologies by HIPAA Covered Entities and Business...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 Announces 46th Right of Access Settlement

The U.S. Department of Health and Human Services, Office for Civil Rights (“OCR”) recently announced its 46th settlement under its Right of Access Initiative since it was initially launched in 2019. Allegations in the recent...more

Changing With the Times: OIG’s New “General Compliance Program Guidance” Expands Focus to New Industry Stakeholders and Updates...

The U.S. Department of Health and Human Services, Office of Inspector General (“OIG”) recently published a new resource titled General Compliance Program Guidance (“GCPG”), which is described as a reference guide for the...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

A Midsummer’s Review – Cybersecurity Is the Word: HIPAA Enforcement and Guidance Trends

Summer is in full swing, but the U.S. Department of Health and Human Services Office for Civil Rights (“OCR”) is doing anything but taking a vacation from HIPAA. In May and June, OCR issued five resolution agreements...more

HIPAA Compliance Alert: OCR Anticipates the End of Enforcement Discretion for Telehealth Use

A popular saying is that it takes 21 days to form a habit and about 66 days on average for a behavior to become automatic. If that is correct, the three-year period of unprecedented waivers and flexibilities in the provision...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

Brace Yourself: OCR HIPAA Enforcement for Dental Practices Continue to Focus on Patient Right of Access

Recently, the U.S. Department of Health and Human Services (“HHS”) Office for Civil Rights (“OCR”) announced three more resolution agreements settling alleged violations of the HIPAA right of access. These agreements bring...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

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

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

DOJ National Health Care Fraud Enforcement Action Results in Charges Involving Over $1.4 Billion in Alleged Losses

On Friday, September 17, 2021, the Department of Justice announced criminal charges against 138 defendants, consisting of 42 doctors, nurses, and other medical professionals in 31 federal districts across the United States....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

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

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

Medicare Telehealth Post-PHE: Expiring Flexibilities and Preparing to Return to “Normal”

In response to the COVID-19 pandemic, the Centers for Medicare and Medicaid Services (CMS) has issued numerous telehealth waivers and flexibilities aimed at alleviating burdens for health care providers and facilitating the...more

OCR Issues HIPAA Telehealth FAQs

On March 20, 2020, the U.S. Department of Health and Human Services Office for Civil Rights (“OCR”) issued guidance in the form of FAQs in follow up to its Notification of Enforcement Discretion for good faith provision of...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

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