The Department of Health and Human Services and the Federal Trade Commission have sent a joint letter to approximately 130 hospital systems and telehealth providers to emphasize the risks and concerns about the use of technologies, such as the Meta/Facebook pixel and Google Analytics, that can track a user’s online activities. We have summarized each
$240,000 HIPAA Settlement With OCR Due to Snooping Security Guards
It is not the first time we have written about complaints, OCR settlements, and even jail time following snooping by hospital employees into patient records. For example, as COVID raged, an investigation showed that for approximately 10 months ending in February, 2021, an employee at a California state hospital improperly accessed approximately 2,000 individuals’ COVID-19
NJ Mental Health Provider’s Response to Negative Online Reviews Costs Practice $30,000 in OCR Penalty
Unhappy consumers, including patients, are free to express dissatisfaction with services they receive from providers on popular social media or online review platforms, such as Yelp and Google. At least in the healthcare industry, providers must be very careful when responding, if they respond at all.
“OCR continues to receive complaints about health care
Failure to Follow OCR HIPAA Technical Assistance Results in $15,000 Settlement for Small Provider
We have written several times about U.S. Department of Health and Human Services Office for Civil Rights’ “HIPAA Right of Access Initiative.” In its most recent enforcement action under the Initiative, the 44th such enforcement action, the OCR investigated a complaint made against a psychotherapist concerning the alleged refusal to provide medical records. Ultimately, and
HIPAA Regulated Entities: Website or App Tracking Technologies, Pixels Can Create Significant Compliance and Litigation Risks
Last month, the U.S. Department of Health and Human Services (HHS) Office for Civil Rights (OCR) issued a bulletin with guidance concerning the use of online tracking technologies by covered entities and business associates under the Health Insurance Portability and Accountability Act (HIPAA). The OCR Bulletin follows a significant uptick in litigation concerning these technologies
OCR Reminds Healthcare Providers and Their Business Associates – You Need an Incident Response Plan!
We have been quite busy this October, which happens to be National Cybersecurity Awareness Month. But, we did not want to let the month go by without some recognition; and we are grateful to the HHS Office for Civil Rights (OCR) for this always timely reminder for HIPAA covered entities and business associates – have
Recent HIPAA Settlement Offers Lessons on Data Disposal and the Meaning of PHI
A $300,640 settlement announced yesterday by the Office for Civil Rights (OCR) provides important reminders about HIPAA Privacy Rule and data privacy practices generally: robust data disposal practices are critical and “protected health information” (PHI) is not limited to diagnosis or particularly sensitive information.
The OCR’s settlement involved a New England dermatology practice that reported
Dobbs and Privacy: President Biden’s Executive Order and OCR HIPAA Guidance
In response to the United States Supreme Court decision in Dobbs vs. Jackson Women’s Health Organization, President Joe Biden signed an Executive Order on Friday, July 8, 2022, designed to protect access to reproductive health care services. In addition to measures seeking to safeguard access to abortion and contraception, the Executive Order includes provisions
“Get a Life” – Another Dentist Responds to Patient’s Online Review, This Time Faces a $50,000 OCR Penalty
It can be cathartic responding to a negative online review. It can also backfire, as can failing to cooperate with an OCR investigation as required under HIPAA.
The Office for Civil Rights (OCR) recently announced four enforcement actions, one against a small dental practice that imposed a $50,000 civil monetary penalty under HIPAA. The OCR
OCR Speaks to HIPAA, COVID-19 Vaccinations, Privacy, and the Workplace
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