Articles and Blogs

On December 7, 2022, the Federal Trade Commission (“FTC”) in conjunction with the U.S. Department of Health & Human Services (“HHS”) updated the Mobile Health App Interactive Tool (the “Tool”) to include new questions and new use cases. The Tool is a result of collaborative efforts between the FTC, HHS Office for Civil Rights... READ MORE

On January 3, 2023, the Office for Civil Rights (“OCR”) at the U.S. Department of Health and Human Services announced its resolution of an investigation into a full-service diagnostic laboratory’s potential violation of the Health Insurance Portability and Accountability Act (“HIPAA”) Privacy Rule’s right of access provisions. Although this resolution is the first of... READ MORE

On December 2, 2022, the Department of Health and Human Services (“HHS”) Substance Abuse and Mental Health Services Administration (“SAMHSA”) released a proposed rule modifying the Confidentiality of Substance Use Disorder Patient Records regulations at 42 CFR Part 2 (“Part 2”). The goal of the proposed rule is to implement changes necessary to conform... READ MORE

On December 15, 2022, the Office for Civil Rights (“OCR”) at the U.S. Department of Health and Human Services (“HHS”) settled its investigation of a potential Health Insurance Portability and Accountability Act (“HIPAA”) violation by a primary care provider in Florida. Following the announcement of 3 right of access investigation resolutions on September 20,... READ MORE

On December 1, 2022, the U.S. Department of Health and Human Services Office for Civil Rights (“OCR”) issued a Bulletin on the obligations of covered entities and business associates (regulated entities) under the Health Insurance Portability and Accountability Act of 1996 (“HIPAA”) Privacy, Security, and Breach Notification Rules (“HIPAA Rules”) when using online tracking technologies, such... READ MORE

The United States Department of Health and Human Services Office for Civil Rights (“OCR”) announced a $300,640 settlement and corrective action plan with a dermatology provider over the improper disposal of protected health information (“PHI”). Background In May of 2021, the dermatology provider reported a breach to OCR when empty specimen containers with PHI on... READ MORE

On July 15, 2022, the Office for Civil Rights (“OCR”) at the U.S. Department of Health and Human Services (“HHS”) announced its resolution of eleven separate investigations against covered entities for violations of the individual’s right of access under the Health Insurance Portability and Accountability Act of 1996 (“HIPAA”). OCR’s continued efforts with respect... READ MORE

The United States Department of Health and Human Services Office for Civil Rights (“OCR”) announced a settlement with a research university (“University”) which has agreed to pay $875,000 to settle potential violations of the HIPAA Privacy, Security and Breach Notification Rules, as well as to take corrective action after an unauthorized third party gained... READ MORE

On June 29, 2022, the Office for Civil Rights (“OCR”) in the U.S. Department of Health & Human Services (“HHS”) released a notice and guidance on the Health Insurance Portability and Accountability Act of 1996 (“HIPAA”) and the protection of patient information relating to reproductive health care (the “Notice”). The Notice also describes example situations involving... READ MORE

The U.S. Department of Health and Human Services (“HHS”) Office for Civil Rights released guidance detailing how health care providers subject to the Health Insurance Portability and Accountability Act of 1996 (“HIPAA”) can use remote communication technologies to provide audio-only telehealth services when such communications are conducted in a manner that is consistent with... READ MORE