By Matt Fisher – How is HIPAA enforced? That may be a simple enough question, but it also contains more nuance than may initially be expected. Determining how HIPAA is enforced can depend upon how the term enforcement is viewed and interpreted.
By Art Gross – The Health Insurance Portability and Accountability Act, better known as HIPAA, has been around since 1996, with the intent to protect patients by properly handling their protected health information (PHI).
By Art Gross – Medical Informatics Engineering, Inc. (MIE), a software and electronic medical records service provider has paid the Office for Civil Rights at the U.S. Department of Health and Human Services $100,000 to settle a HIPAA breach from 2015.
By Matt Fisher – After a lull in enforcement actions concerning HIPAA, the Office for Civil Rights re-entered the fray with a $3,000,000 bang. The settlement announced on May 6, 2019, imposes a significant fine after widespread non-compliance was found by OCR.
By David Harlow – Recently, th OCR has released two new issuances touching on HIPAA interpretation and enforcement. On the one hand, the regulated community eagerly awaits and devours these morsels as they are doled out.
By Matt Fisher – An easy to overlook aspect of the HIPAA Privacy Rule is the requirement that all uses and disclosures be of the “minimum necessary” amount of protected health information. That means the least amount of information needed for the intended purpose should be used.
By Matt Fisher – Compliance with HIPAA and the attendant privacy and security requirements is a frequent topic of discussion. Discussions around compliance are driven by the daily reporting of breaches and the probably more than daily issues faced by patients, clinicians and….
HIPAA Complaints, OCR Investigations, and Security Risk Analysis for Healthcare Delivery Organizations – A Common Thread
By Rich Curtiss – Many HIPAA covered entities (CEs) and business associates (BAs) may not be meeting the regulatory mandate as defined in §164.308(a)(1)(ii)(A) of the HIPAA Security Rule. This implementation specification requires that healthcare delivery organizations…
By Matt Fisher – With the holidays quickly receding, there was some time for reflection. When given that time (and honestly spurred to some degree by the HIPAA request for information), different issues about HIPAA wandered through my mind.
By Matt Fisher – The Office for Civil Rights is now seeking comments on whether certain aspects of the HIPAA privacy and security rules should be modified. The Request for Information is purely a solicitation of comments and ideas from the public on whether or how HIPAA could be modified.
By Matt Fisher – After a slow start to the year in terms of HIPAA settlement, the OCR is trying to finish the year with a bang. Since September 20, 2018, OCR has announced four different HIPAA settlements. The nature of the conduct underlying each settlement has varied widely.
By Matt Fisher – An interesting argument was posed in a recent post on databreaches[.]net about a lack of enforcement actions from the Office for Civil Rights against small or medium-sized healthcare entities that do not appropriately report breaches to either OCR and/or the individuals impacted.
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