The Office of Civil Rights of the U.S. Department of Health and Human Services (“HHS”) has published its first round of annual reports to Congress under the HITECH (Health Information Technology for Economic and Clinical Health) Act of 2009 to Congress. The first report concerns HHS’s HIPAA (Health Insurance Portability and Accountability Act of 1996)
Alleged HIPAA Violation Supports State Common Law Negligence Claim
A Missouri federal district court has ruled, in I.S. v. Washington University, that a HIPAA-covered entity’s disclosure of protected information can form the basis for a state-law negligence claim. The Court reached this holding despite the well-accepted principle there is no private cause of action under HIPAA.
The plaintiff, I.S., was undergoing medical treatment
HHS Announces Proposed Changes to HIPAA Privacy Rule
The U.S. Department of Health and Human Services’ (HHS) announced proposed changes to the HIPAA Privacy Rule to implement new requirements concerning individuals’ rights to access reports and accountings of disclosures of their protected health information. The announcement seeks comments from the public as the agency hopes to craft the law so as to provide the greatest transparency for individuals with respect to access to and disclosures of their PHI, while minimizing the burden on covered entities and business associates.
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HHS’ Office of Inspector General Recommends More HIPAA Audits
Government report says HIPAA enforcement not sufficient to protect electronic health information and recommends more audits. The result may be more “compliance reviews,” audits, for covered entities and business associates.
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Hospitals Fire 32 Employees for Medical Privacy Breach
The Minneapolis Star Tribune has reported that two hospitals in Anoka County, Minnesota, terminated a combined total of 32 employees for unauthorized access of electronic medical records on May 6, 2011. The two hospitals, Unity Hospital in Fridley, Minnesota and Mercy Hospital in Coon Rapids, Minnesota, are both part of the Allina Health System. In April, the Minnesota Court
Inter-agency Cooperation Nabs HIPAA Violator for HHS
Any illusion an organization may hold that it is operating “under the radar” of regulators should be shattered in the current compliance environment. Governmental agencies are increasingly able to efficiently coordinate with one another in matters of enforcement, and this post is a good example of that.
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Cautionary Tale for Health Care Providers Subject to HIPAA – Don’t Forget State Law
This recent Michigan case makes clear that when handling protected health information, HIPAA is not the only game in town. Health care providers also must consider state law protections which, as this and other courts have held, will trump HIPAA when the state laws are more protective.
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Unauthorized Access to Medical Records Under Company Policy and HIPAA Supports Denial of Unemployment Benefits
A data entry specialist in Minnesota who was fired for accessing medical records on behalf of a colleague was denied unemployment benefits by the Minnesota Court of Appeals in a recent decision that highlights the importance of zero tolerance policies for employers. The unpublished decision, Bingham v. Allina Health System, No. A10-872 (Jan. 11, 2011), involved an
Where the FMLA and HIPAA Meet
In a case addressing the Family Medical Leave Act (FMLA) that directly implicates the privacy rules under the Health Insurance Portability and Accountability Act (HIPAA), Pacosa v. Kaiser Foundation Health Plan of the Northwest, the Portland Division of the United States District Court of Oregon awarded summary judgment against a physician assistant who claimed
ADA Violated When Employer Responds to State Subpoena and Discloses Former Employee’s Medical Records
Companies frequently receive requests for information about current and former employees. These requests often come in the form of an attorney’s demand letter or a subpoena and apply to the individual’s medical records. Failing to carefully think through whether and how to respond can be a costly trap for the unwary.
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