HIPAA

Published on: June 21, 2024 | by The Health Law Partners

Court Strikes Down HHS “Guidance” Regarding Online Tracking Technologies and HIPAA: Implications for Healthcare Providers

In a recent landmark decision, the United States District Court for the Northern District of Texas issued an opinion and order with significant implications for healthcare providers and their use of online technologies. The case, filed by the American Hospital Association, Texas Hospital Association, Texas Health Resources, and United Regional Health Care System, challenged a […]

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Published on: May 30, 2024 | by The Health Law Partners

Newly Released FTC Health Breach Notification Rule: A Guide for Non-HIPAA Health Apps and Technologies

As healthcare regulatory attorneys, we’ve seen firsthand the confusion and challenges that arise when health-related entities fall outside the purview of the Health Insurance Portability and Accountability Act (HIPAA). One crucial, newly released, regulation that often gets overlooked is the Federal Trade Commission’s (FTC) Health Breach Notification Rule (HBN Rule). This rule is particularly relevant […]

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Published on: June 1, 2022 | by The Health Law Partners

Rise in HIPAA Class Action Suits: Partnership HealthPlan of California

HIPAA itself does not contain a private right of action for individuals following unauthorized disclosures of medical information. Yet, HIPAA does not prohibit individuals from seeking remedies through state or other law. Each U.S. state’s tort law system can potentially allow individuals to pursue reparations when they are harmed by a data breach. With the […]

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Published on: May 25, 2022 | by The Health Law Partners

Evolving HIPAA Regulations Will Shape the Future of OCR’s Enforcement Regime

On April 6th, 2022, a HIPAA-regulatory Request for Information (RFI) was released by the Department of Health and Human Services (HHS) Office for Civil Rights (OCR) soliciting feedback from the public for future rulemaking. The RFI seeks information on how the industry views “recognized security practices,” and on OCR’s compensating individuals based on harm they […]

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Published on: May 24, 2022 | by The Health Law Partners

Alarming Rate of Ransomware Data Breaches Calls for Increased Protection in Healthcare Industry

Participants in the healthcare industry have seen a multi-front threat related to their information security practices/healthcare data – increased enforcement and fines by the Department of Health and Human Services’ (HHS) Office for Civil Rights (OCR); increased scrutiny from plaintiffs’ attorneys and State Attorneys General; and increased threats from malicious actors. Recent reports underscore this […]

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Published on: March 23, 2020 | by The Health Law Partners

OCR Issues Notification of Enforcement Discretion for Telehealth Remote Communications During COVID-19 Nationwide Public Health Emergency

On March 17, 2020, the Office for Civil Rights (“OCR”) issued a notification regarding enforcement discretion for telehealth remote communications that may not fully comply with applicable HIPAA Rules (the “Notification”). The Notification provides that OCR will not impose penalties on covered health care providers for noncompliance with regulatory requirements under the HIPAA Rules in […]

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Published on: February 26, 2020 | by The Health Law Partners

February 29, 2020, Deadline for Reporting Small Health Care Data Breaches Approaches

Small health care data breaches – those affecting fewer than 500 patients – that occurred in the 2019 calendar year must be reported to the Department of Health and Human Services’ Office for Civil Rights (OCR) by February 29, 2020. The HIPAA Breach Notification Rule requires HIPAA-covered entities to report small data breaches either as […]

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Published on: May 8, 2019 | by The Health Law Partners

HHS Caps Maximum HIPAA Penalty Fines

As of April 30, 2019, the maximum penalties for violations of the Health Insurance Portability and Accountability Act (HIPAA) have new annual limits. These updated penalties will be based on the level of culpability associated with the violation, according to the Department of Health and Human Services (HHS). Organizations that have taken measures to meet […]

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Published on: March 6, 2019 | by The Health Law Partners

OCR Sets New Enforcement Activity Record with 2018 Settlements Totaling $28.7 Million

Maintaining compliance with all HIPAA Rules has never been more important for a health care business’s success than it is now. Last year, the Office for Civil Rights (OCR) at the U.S. Department of Health and Human Services (HHS) concluded an all-time record in Health Insurance Portability and Accountability Act (HIPAA) enforcement activity. In 2018, […]

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Published on: February 28, 2019 | by The Health Law Partners

March 1st Deadline for Reporting Small Health Care Data Breaches Approaches

Tomorrow, March 1, 2019, is the deadline for reporting small data breaches (<500) that occurred in calendar year 2018 to the Department of Health and Human Services’ Office for Civil Rights (OCR). Any HIPAA-covered entities and their business associates are required by the HIPAA Breach Notification Rule to, at least once yearly, report data breaches […]

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