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On April 12, 2023, the U.S. Department of Health & Human Services (HHS) released a Notice of Proposed Rulemaking (Proposed Rule) that seeks to enhance safeguards of reproductive health care information through changes to the Health Insurance Portability and Accountability Act (HIPAA) Privacy Rule. The proposal is intended to align with President Biden’s Executive Order…

On April 11, 2023 – one month in advance of the end of the COVID-19 public health emergency (PHE) on May 11, 2023 – the federal Office for Civil Rights (OCR) confirmed that various Notifications of Enforcement Discretion issued under HIPAA during the PHE will expire at the end of the day on May 11, 2023.…

Continue Reading OCR Reminder: Pandemic-Era HIPAA Flexibilities Will End May 11, 2023

HIPAA requires that covered entities notify the Office for Civil Rights (OCR) of any breaches of unsecured protected health information that affects less than 500 individuals in a calendar year within 60 days following the end of the calendar year.

Therefore, all breaches that affected less than 500 individuals that occurred in 2022 and have…

According to the 2022 State of Ransomware Report issued recently by Sophos, it surveyed 5,600 IT professionals from 31 countries, including professionals in the health care sector. Those professionals in the health care sector shared that 66 percent of them had experienced a ransomware attack in 2021, which was an increase of 69 percent over 2020. This was the largest increase of all sectors surveyed.…

Continue Reading Privacy Tip – Health Care Sector Continues to Be Hit with Ransomware

The Department of Health and Human Services (HHS) Office for Civil Rights (OCR) recently issued new guidance (Guidance) on the use of remote communication technologies to deliver audio-only telehealth in accordance with HIPAA. Per OCR, the Guidance is intended to ensure continued access for patients to audio-only telehealth in a secure and compliant manner, particularly once OCR’s notification of enforcement discretion (previously discussed here) tied to the COVID-19 pandemic is rescinded (i.e., once the HHS-declared COVID-19 public health emergency is ended).…

Continue Reading HHS Issues HIPAA Guidance to Support Audio-Only Telehealth Services

The Office for Civil Rights (OCR) recently announced that it has entered into the 20th settlement under its Right of Access Initiative. The settlement with Children’s Hospital and Medical Center in Nebraska includes an $80,000 payment by the hospital for failing to provide a mother with timely access to her daughter’s medical records.

According…

Last week, Diabetes, Endocrinology & Lipidology Center Inc. (DELC) of West Virginia reached a $5,000 settlement with the Office for Civil Rights (OCR) over  allegations that it failed to provide timely access to a patient’s health records. The OCR alleged that DELC waited more than two years to send a minor’s medical records to their…

The Office for Civil Rights (OCR) last week announced a settlement with Peachstate Health Management LLC (aka AEON Clinical Laboratories) following a compliance review that uncovered alleged violations of HIPAA.

The settlement includes a $25,000 payment to OCR by Peachstate, a corrective action plan, and three years of monitoring by OCR.
Continue Reading OCR Announces Settlement with Clinical Lab for Alleged HIPAA Violations

The U.S. Department of Health and Human Services Office for Civil Rights (OCR) recently announced that it had entered into a Resolution Agreement, Corrective Action Plan, and settlement with Lifetime Healthcare, Inc., the parent of Excellus Health Plan, over alleged violations of HIPAA relating to a data breach that occurred from December 23, 2013 through May 11, 2015. During that time, a cybercriminal obtained access to its IT systems and installed malware that allowed the intruder to obtain access to the protected health information of more than 9.3 million individuals.
Continue Reading Excellus Health Plan Pays $5.1M to OCR in Settlement Following Data Breach

The Office of Civil Rights (OCR) issued a notice yesterday stating that it will not impose penalties for HIPAA non-compliance in connection with a covered entity health care provider’s or business associate’s good faith use of online or web-based scheduling applications (WBSAs) for the scheduling of appointments for COVID-19 vaccinations during the public health emergency.  The notice is retroactively effective to December 11, 2020. OCR highlights to covered health care providers and business associates that its temporary lifting of HIPAA penalties applies only to scheduling of COVID-19 vaccinations and to no other activities.
Continue Reading OCR Announces it Will Not Impose HIPAA Penalties for Use of COVID-19 Vaccine Scheduling Apps