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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 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

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

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

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

OCR’s HIPAA Enforcement Discretion: Business Associates May Use and Disclose PHI for Public Health and Health Oversight Activities...

We have previously commented on OCR’s exercise of enforcement discretion and accompanying FAQs for covered entities during the COVID-19 public health emergency....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

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

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

OCR's First HIPAA Right of Access Enforcement Action

On September 9, 2019, the U.S. Department of Health and Human Services Office for Civil Rights (OCR) announced the first enforcement action and settlement in its Right of Access Initiative (the “Initiative”). ...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

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

Heightened Importance for March 1, 2017 HIPAA Small Breach Reporting Deadline

With OCR’s recent announcement of its first enforcement action for lack of timely breach notification and its increased focus on small breaches, the upcoming annual reporting deadline for small breaches takes on increased...more

HHS Office for Civil Rights to Increase Investigation of Small HIPAA Breaches

The Office for Civil Rights within the U.S. Department of Health and Human Services (OCR) recently announced that it has increased its review of breaches of protected health information affecting fewer than 500 individuals....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

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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