News & Analysis as of

Business Associates Department of Health and Human Services (HHS) Risk Assessment

Business Associates can refer broadly to individuals engaged in business relationships with one another. However, in the HIPAA context, the term has a specific statutory meaning and those characterized as... more +
Business Associates can refer broadly to individuals engaged in business relationships with one another. However, in the HIPAA context, the term has a specific statutory meaning and those characterized as business associates have expanded data protection obligations and duties. Essentially, a business associate under HIPAA is a person or entity that performs certain functions or services which necessitates exposure to protected health information on behalf of a covered entity. Typical business associate functions include: claims processing or administration, data analysis, billing, etc.    less -
Ogletree, Deakins, Nash, Smoak & Stewart,...

2025 Enforcement Trends: Risk Analysis Failures at the Center of HHS’s Multimillion-Dollar HIPAA Penalties

In the first five months of 2025, the U.S. Department of Health and Human Services’ (HHS) Office for Civil Rights (OCR) announced it had entered into ten Health Insurance Portability and Accountability Act (HIPAA) resolution...more

Bradley Arant Boult Cummings LLP

Top 10 takeaways from the new HIPAA security rule NPRM

On Jan. 6, 2025, the U.S. Department of Health and Human Services (HHS) proposed new regulations to enhance cybersecurity protections for electronic protected health information (ePHI) under the Health Insurance Portability...more

Groom Law Group, Chartered

Biden Administration Proposes Beefed-Up HIPAA Security Rule… But Prognosis Uncertain

On January 6, 2025, the Biden Administration issued a new proposed rule updating the HIPAA Security Standards ( “Proposed Rule”). The original HIPAA Security Standards were issued in 2003 and updated in 2013 and require that...more

Cozen O'Connor

Proposed Changes to the HIPAA Security Rule Will Have a Significant Impact on the Health Care Sector

Cozen O'Connor on

A few days ago, the U.S. Department of Health and Human Services (“HHS”), through its Office for Civil Rights, issued the proposed rule HIPAA Security Rule to Strengthen the Cybersecurity of Electronic Protected Health...more

BakerHostetler

6 Important Takeaways for HIPAA Covered Entities and Business Associates from 2024 NIST HHS OCR Conference

BakerHostetler on

On October 23-24, 2024, the Department of Health and Human Services (HHS) Office for Civil Rights (OCR) and the National Institute of Standards and Technology (NIST) Information Technology Laboratory hosted the Safeguarding...more

Holland & Knight LLP

What HIPAA Security Rule Surprises Await Healthcare Providers for the Second Half of 2024?

Holland & Knight LLP on

The U.S. Department of Health and Human Services (HHS) Office for Civil Rights (OCR) has, as part of its mandate, the responsibility to enforce the Health Insurance Portability and Accountability Act (HIPAA) Security Rule....more

Health Care Compliance Association (HCCA)

2022 Outlook: More Dangerous Ransomware Coupled With Inadequate Security Practices

Report on Patient Privacy 22, no. 1 (January, 2022) - As the COVID-19 pandemic enters its third year, real “security fatigue” with pandemic-related issues will combine with cybercriminals’ increasingly sophisticated...more

Ballard Spahr LLP

HIPAA Guidance and Enforcement: A New Alignment?

Ballard Spahr LLP on

The Office of Civil Rights (OCR) of the U.S. Department of Health and Human Services (HHS) announced that it has entered into a settlement with a business associate that provides electronic medical records services to health...more

Arnall Golden Gregory LLP

HHS OCR Levies Significant HIPAA Penalties in a Series of Recent Settlements: Covered Entities and Business Associates Alike...

Between June and November 2016, the Department of Health and Human Services Office of Civil Rights (HHS OCR) has announced seven high-dollar settlements to resolve alleged violations of the HIPAA privacy, security, and breach...more

Ballard Spahr LLP

HHS Designates Cloud Service Providers as Business Associates Under HIPAA

Ballard Spahr LLP on

Cloud service providers that process electronic protected health information (ePHI) are business associates under the Health Insurance Portability and Accountability Act of 1996 (HIPAA), even if the PHI is encrypted and the...more

Orrick, Herrington & Sutcliffe LLP

Don’t Wait for It; Recent HIPAA Enforcement Action Signal More to Come in Phase 2 Audits

Officials at the U.S. Department of Health and Human Services Office of Civil Rights (HHS OCR) have recently selected a vendor to conduct the second wave of HIPAA audits. These so-called “Phase 2 Audits” are set to commence...more

McDermott Will & Emery

Pressure Points: OCR Enforcement Activity in 2014

McDermott Will & Emery on

During 2014, the Office for Civil Rights (OCR) of the U.S. Department of Health & Human Services initiated six enforcement actions in response to security breaches reported by entities covered by the Health Insurance...more

FordHarrison

Legal Alert: Final HIPAA Regulations Released: Time To Review Your HIPAA Policies?

FordHarrison on

The U.S. Department of Health and Human Services ("HHS") recently released long-awaited final HIPAA Regulations. The new regulations finalize many changes previously proposed to the Privacy, Security, and Enforcement Rules,...more

Mintz - Privacy & Cybersecurity Viewpoints

The New HIPAA Omnibus Rule & Your Liability — A Detailed Review

As we have reported in this blog, the Department of Health and Human Services (HHS) Office for Civil Rights (OCR) recently released final regulations containing modifications to the HIPAA Privacy, Security, Enforcement, and...more

BakerHostetler

Health Law Update - What Covered Entities and Business Associates Need to do to Prepare for the New HIPAA/HITECH Requirements

BakerHostetler on

The U.S. Department of Health and Human Services (HHS) issued, on January 17, 2013, its final omnibus rule modifying the Health Insurance Portability and Accountability Act of 1996 (HIPAA) privacy and security rules as well...more

BakerHostetler

What Covered Entities and Business Associates Need to Do to Prepare for the New HIPAA/HITECH Requirements (Part I)

BakerHostetler on

The Department of Health and Human Services (HHS) issued, on January 17, 2013, its Final Omnibus Rule modifying the Health Insurance Portability and Accountability Act of 1996 (“HIPAA”) Privacy and Security Rules as well as...more

Morgan Lewis

HHS Releases HIPAA/HITECH Omnibus Final Rule

Morgan Lewis on

Rule finalizes many provisions of the proposed rule, imposing new privacy and security obligations directly on business associates and modifying the definition of "breach" and the required factors to be considered in a risk...more

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