Articles and Blogs

On March 18, 2024, the Office for Civil Rights (“OCR”) issued an update to its December 2022 Bulletin regarding the usage of online tracking technologies by HIPAA-regulated entities. When originally published, the Bulletin aimed to clarify when identifiable information collected by tracking technologies on a regulated entity’s website may constitute protected health information (“PHI”)... READ MORE

On January 11, 2024, the U.S. Department of Health and Human Services (“HHS”) Office for Civil Rights (“OCR”) issued a Final Rule entitled “Safeguarding the Rights of Conscience as Protected by Federal Statutes” (the “2024 Final Rule”). The 2024 Final Rule, which will take effect on March 11, 2024, seeks to clarify the mechanisms... READ MORE

On January 5, 2023, the U.S. Department of Health and Human Services Office for Civil Rights (“OCR”) issued a notice of proposed rulemaking (“NPRM”) setting forth a proposed rule implementing various statutes that provide protections for health care providers and facilities who may have conscientious objections to certain forms of health care, such as... 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 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

On September 20, 2022, the Office for Civil Rights (“OCR”) at the U.S. Department of Health and Human Services announced its resolution of three separate investigations against covered entity dental providers for violations of the individual’s right of access under the Health Insurance Portability and Accountability Act of 1996 (“HIPAA”). This announcement follows the... READ MORE

Recently, there has been increased indication that patients, attorneys and the government are fed up with the fees that are being charged by providers when patients request access to or copies of their medical records. Providers who do not understand the type of request being made and the applicable fee rules that apply under... READ MORE

On December 11, 2018, the Department of Health and Human Services (“HHS”) Office for Civil Rights (“OCR”) announced that a critical access hospital in Colorado (the “Hospital”) will settle potential violations of the Health Insurance Portability and Accountability Act of 1996 (“HIPAA”) by paying a civil penalty of $111,400 and adopting a corrective action... READ MORE

On October 15, 2018, the Department of Health and Human Services (“HHS”), Office for Civil Rights (“OCR”) announced that it had reached a record $16 million settlement with Anthem arising out of alleged violations of the Privacy and Security Rules under the Health Insurance Portability and Accountability Act of 1996 (“HIPAA”). The settlement comes... READ MORE