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Business Associates › Enforcement Actions › Department of Health and Human Services (HHS)

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

Ogletree, Deakins, Nash, Smoak & Stewart,... on

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

Health Care Compliance Association (HCCA)

Former OCR Director Fontes Rainer Reflects On ‘Imperfect’ RSP Law, Urges Final Security Reg

Health Care Compliance Association (HCCA) on

In October, the HHS Office for Civil Rights (OCR) fined Providence Medical Institute (PMI) $240,000, an amount that reflected a 20% discount for having “recognized security practices” (RSPs) in place. But many more covered...more

Jackson Lewis P.C.

Health Fitness, OCR’s Risk Analysis Initiative, and the ERISA Fiduciary Duty to Select Plan Service Providers

Jackson Lewis P.C. on

On Friday, the U.S. Department of Health and Human Services (HHS), Office for Civil Rights (OCR) announced the fifth enforcement action under its Risk Analysis Initiative. In this case, OCR reached a settlement with Health...more

Holland & Knight LLP

HIPAA Tidings: A Look at OCR's Recent Enforcement Actions

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In addition to holiday celebrations, the month of December typically ushers in a final round of enforcement actions by the U.S. Department of Health and Human Services' (HHS) Office of Civil Rights (OCR), and 2024 is no...more

BakerHostetler

DSIR Deeper Dive: Tracking the Crackdown on Tracking/Pixel Technologies: Web Litigation and Regulatory Landscape - Part 2

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In the first part of this blog post, we looked into the OCR and FTC’s focus on third-party tracking technologies. We also reviewed the AHA Lawsuit and its impact for the use of tracking technologies. In this blog post, we...more

Health Care Compliance Association (HCCA)

Recognized Security Practices ‘Saved’ Covered Entity $60K of $300K Fine, But Which Ones Remain a Mystery

Health Care Compliance Association (HCCA) on

Covered entities (CEs) and business associates (BAs) may receive a “discount” for having recognized security practices (RSPs) in place when the HHS Office for Civil Rights (OCR) calculates financial penalties for Security...more

BakerHostetler

HHS OCR Provides Annual Report to Congress Detailing 2022 Enforcement Activities

BakerHostetler on

On Feb. 16, the U.S. Department of Health and Human Services (HHS) Office for Civil Rights (OCR) published its 2022 Annual Report to Congress. ...more

BakerHostetler

HHS OCR Announces Largest Civil Monetary Penalty Imposed Since 2021 for Snooping Incident

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Nearly two months after settlement was reached, the Department of Health and Human Services Office for Civil Rights (HHS OCR) announced on Feb. 6 that it obtained a resolution agreement with Montefiore Medical Center over...more

Bricker Graydon LLP

HHS Issue Six Figure Penalty for Ransomware Attack

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Late last year, the Department of Health and Human Services (HHS) issued its first HIPAA settlement agreement involving a ransomware attack. In the press release announcing the settlement, HHS stated that they began...more

Brooks Pierce

Business Associate Victim of Ransomware Attack Pays $100,000 to HHS OCR

Brooks Pierce on

Is your organization a business associate? You could be subject to enforcement action if you fail to protect health information within your control from ransomware attacks. In October, for the first time, the U.S....more

Health Care Compliance Association (HCCA)

[Event] 2023 Healthcare Enforcement Compliance Conference - November 5th - 7th, Washington, DC

Health Care Compliance Association (HCCA) on

Hear directly from the enforcement community - Want to gain insight into properly monitoring, detecting, investigating, and managing violations? Join us at HCCA’s Annual Healthcare Enforcement Compliance Conference to...more

Dorsey & Whitney LLP

HHS OCR Settles HIPAA Investigation with Business Associate for $350,000

Dorsey & Whitney LLP on

Over the past decade, the number of health care data breaches reported to the U.S. Department of Health and Human Services’ Office for Civil Rights (“OCR”) has increased dramatically. From 2009 to 2022, over 5,000 data...more

Health Care Compliance Association (HCCA)

[Event] Regional Healthcare Compliance Conference - January 27th, Lake Buena Vista, FL

Health Care Compliance Association (HCCA) on

Looking for compliance education and networking in your area? HCCA’s Regional Healthcare Compliance Conferences offer practitioners convenient, local compliance education, including updates on the latest news in regulatory...more

Health Care Compliance Association (HCCA)

OCR: Current Fines Too Low to Spur Compliance; Agency Also Seeks Funding Boost, Injunctive Relief

Health Care Compliance Association (HCCA) on

Report on Patient Privacy 22, no. 5 (May, 2022) - Compared to other agencies, the HHS Office for Civil Rights (OCR) is a little fish in the big federal pond, but it has an outsize effect on HIPAA covered entities (CEs) and...more

Williams Mullen

Has the Bear Awakened From Its Hibernation? OCR Announces Four HIPAA Enforcement Actions

Williams Mullen on

On March 28, 2022, the U.S. Department of Health and Human Services Office for Civil Rights (OCR) reported four new Health Insurance Portability and Accountability Act (HIPAA) enforcement actions. After a multi-month hiatus...more

Health Care Compliance Association (HCCA)

OCR Investigator: Goal Is to Uncover ‘Root Cause,’ Remedy Harm From Violations

Health Care Compliance Association (HCCA) on

Report on Patient Privacy 21, no. 5 (May 2021) - Given the hundreds of thousands of HIPAA covered entities (CEs) and business associates (BAs) and the two dozen or so enforcement actions the HHS Office for Civil Rights...more

K&L Gates LLP

K&L Gates Triage: HIPAA: Do Hospitals Need a Business Associate Agreement with their Health System Parent Corporation?

K&L Gates LLP on

In this week’s episode, Rebecca Schaefer and Hannah Maroney discuss a string of recent HIPAA enforcement actions which demonstrate that the HHS Office of Civil Rights (OCR), the agency tasked with enforcing HIPAA, is...more

Akin Gump Strauss Hauer & Feld LLP

HHS OCR to Exercise Enforcement Discretion to Allow Business Associates to Share PHI for Public Health and Health Oversight...

Akin Gump Strauss Hauer & Feld LLP on

On April 2, 2020, the U.S. Department of Health and Human Services (HHS) Office for Civil Rights (OCR) announced that the agency will exercise enforcement discretion with respect to certain uses and disclosures of protected...more

Seyfarth Shaw LLP

HIPAA Update - OCR Enforcement Discretion to Allow Business Associates to Disclose PHI for Public Health Activities and Health...

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On Thursday, April 2, 2020, the Office for Civil Rights (“OCR”) issued a Notification of Enforcement Discretion under the Health Insurance Portability and Accountability Act (“HIPAA”)....more

Health Care Compliance Association (HCCA)

Payment Dispute Triggered First 2020 OCR Settlement

Health Care Compliance Association (HCCA) on

Report on Patient Privacy 20, no. 3 (March 2020) - A gastroenterologist in Utah who felt he was being held captive by an electronic health record (EHR) vendor found his 2013 complaint to the HHS Office for Civil Rights...more

Harris Beach Murtha PLLC

A Reminder That Covered Entities Of All Sizes Need To Comply With HIPAA Security Rule

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On March 3, 2020, the U.S. Department of Health and Human Services Office for Civil Rights (“OCR”) signaled to covered entities of all sizes that they need to take their HIPAA obligations seriously. OCR entered into a...more

Health Care Compliance Association (HCCA)

Under New Settlement, Ambulance Co. Pays OCR $65K, Must Quickly Encrypt Computers

Health Care Compliance Association (HCCA) on

Report on Patient Privacy 20, no. 1 (January 2020) - In the waning days of 2019, the HHS Office for Civil Rights (OCR) didn’t halt the HIPAA enforcement momentum it had built up during the last quarter of the year, dinging...more

Health Care Compliance Association (HCCA)

'Misinterpretation' of Breach Rule, Lack of Internal BAA Cost Hospital Group $2.1M

Health Care Compliance Association (HCCA) on

Report on Patient Privacy 19, no. 12 (December 2019) - Sentara Hospitals, a nonprofit group of 12 medical centers in Virginia and North Carolina, will implement a fairly minimal two-year corrective action plan (CAP) and...more

Holland & Hart - Health Law Blog

Encrypt Your Devices or Face HIPAA Penalties

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This week, the Office for Civil Rights (“OCR”) announced a $3,000,000 HIPAA settlement arising from a medical center’s loss of an unencrypted laptop and flash drive. This is simply the latest of many HIPAA settlements based...more

Harris Beach Murtha PLLC

A HIPAA Compliance Program “In Disarray” Leads to OCR Imposing a $2.15 Million Civil Monetary Penalty

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Last week, the U.S. Department of Health and Human Services Office for Civil Rights (“OCR”) imposed a civil monetary penalty (“CMP”), to the tune of $2.15 million, against Jackson Health System (“JHS”). The CMP stemmed from...more

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