When use or disclosure of an individual’s health information or medical records is at issue, the assumption seems to be, much more often than not, that the HIPAA privacy and security rules apply. This has certainly been the case during the COVID-19 pandemic. Of course, it is true that in most healthcare settings, HIPAA is
Information Blocking and HIPAA’s Right to Access – Is Your Practice Compliant?
Patient record requests can be a significant administrative burden for health care providers. An OCR enforcement initiative and a new federal law give providers more reason to get this process right. We summarize these rules here.
Since the Health Insurance Portability and Accountability Act of 1996 (HIPAA) Privacy Rule became effective in 2003, it
Small NJ Medical Practice Becomes 18th Target of OCR’s HIPAA Right of Access Enforcement Initiative
A small New Jersey plastic surgery practice, Village Plastic Surgery (“VPS”), has become the eighteenth HIPAA covered entity to face an enforcement action under the Office for Civil Right’s HIPAA Right of Access Initiative. According to the OCR’s announcement, VPS agreed to a two-year corrective action plan and pay $30,000 to settle a potential
OCR Releases Report Summarizing HIPAA Privacy and Security Compliance Failures
In the final days of 2020, the Office for Civil Rights (OCR) at the U.S. Health and Human Service (HHS) released a HIPAA Audits Industry Report (“the Report”), that could be quite helpful to covered entities and business associates for tackling HIPAA compliance as we enter the new year. The Report examines OCR’s findings from
OCR Releases New Guidance on HIPAA for Mobile Health Technology
Over the past few years, and particularly during the COVID-19 pandemic, the Department of Health and Human Services Office for Civil Rights in Action (OCR) has made countless efforts to enhance its Health Insurance Portability and Accountability Act (HIPAA) guidance and other related resources on its website. Last week, the OCR launched a new feature
OCR is Serious About Patients’ Rights to Access Records, Announcing Enforcement Actions Against 5 Providers
When providers, health plans, business associates, and even patients and plan participants think of the HIPAA privacy and security rules (‘HIPAA Rules”), they seem to be more focused on the privacy and security aspects of the HIPAA Rules. That is, for example, safeguarding an individual’s protected health information (PHI) to avoid data breaches or avoiding
HIPAA Covered Entities and Business Associates Need an IT Asset Inventory List, OCR Recommends
Last week, in its Cybersecurity Summer Newsletter, the Office of Civil Rights (OCR) published best practices for creating an IT asset inventory list to assist healthcare providers and business associates in understanding where electronic protected health information (ePHI) is located within their organization, and improve HIPAA Security Rule compliance. OCR investigations often find that organizations
OCR Warns HIPAA Covered Entities: When You Learn About HIPAA Violations, Fix Them
Roger Severino, Director of the Office for Civil Rights (OCR) at the U.S. Department of Health and Human Services (HHS), provides advice for HIPAA covered health care providers:
When informed of potential HIPAA violations, providers owe it to their patients to quickly address problem areas to safeguard individuals’ health information
According to OCR allegations,
Legislators and Regulators Weigh in On Privacy and Data Security Protections for Healthcare Providers Amid COVID-19 Pandemic
As they work to combat the surging COVID-19 virus, healthcare providers recently were reminded by legislators and regulators of the importance of data security and privacy protections.
On the data security front, U.S. Senators Richard Blumenthal, Tom Cotton, David Perdue, and Mark Warner recently wrote to the Director of the U.S. Department of Homeland Security’s
Beware, Persons Posing as OCR Investigators Demand PHI, Says OCR Alert
On April 3, the Office for Civil Rights (OCR) issued an alert to covered entities and business associates. Evidently, one or more individuals are posing as OCR Investigators and contacting HIPAA covered entities and business associates in an attempt to obtain protected health information (PHI). The individual identifies on the telephone as an OCR investigator,