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HIPAA Enforcement Update Provided by OCR’s Iliana Peters
May25

HIPAA Enforcement Update Provided by OCR’s Iliana Peters

Office for Civil Rights Senior Advisor for HIPAA Compliance and Enforcement, Iliana Peters, has given an update on OCR’s enforcement activities in a recent Health Care Compliance Association ‘Compliance Perspectives’ podcast. OCR investigates all data breaches involving the exposure of theft of more than 500 healthcare records. OCR also investigates complaints about potential HIPAA violations. Those investigations continue to reveal...

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OCR and ONC Face Major Budget Cuts
May24

OCR and ONC Face Major Budget Cuts

On Tuesday this week, the Trump administration revealed its 2018 fiscal 2018 budget which revealed the Department of Health and Suman Services’ Office for Civil Rights (OCR) and Office of the National Coordinator for Health Information Technology (ONC) face major cuts to their operational budgets. The ONC faces the largest budget cut, with its $60 million per year cut by 36% for the coming financial year. ONC would need to lose 26...

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Impermissible Disclosure of HIV Status to Employer Results in $387,000 HIPAA Penalty
May24

Impermissible Disclosure of HIV Status to Employer Results in $387,000 HIPAA Penalty

The Department of Health and Human Services’ Office for Civil Rights (OCR) has announced a new HIPAA settlement to resolve violations of the HIPAA Privacy Rule. St. Luke’s-Roosevelt Hospital Center Inc., has paid OCR $387,200 to resolve potential HIPAA violations discovered during an OCR investigation of a complaint about an impermissible disclosure of PHI. In September 2014, OCR received a complaint about a potential privacy...

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Healthcare Organizations Reminded of HIPAA Rules Relating to Ransomware
May19

Healthcare Organizations Reminded of HIPAA Rules Relating to Ransomware

Following the recent WannaCry ransomware attacks, the Department of Health and Human Services has been issuing cybersecurity alerts and warnings to healthcare organizations on the threat of attack and steps that can be taken to reduce risk. The email alerts were sent soon after the news of the attacks on the UK’s NHS first started to emerge on Friday May 12, and continued over the course of the week. The alerts provided timely and...

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HIPAA Compliance Best Practices
May16

HIPAA Compliance Best Practices

Questions and Answers to Improve Security and Avoid Penalties By Bill Becker Even after 14 years, public and private sector organizations are still routinely found out of compliance with the Health Insurance Portability and Accountability Act (HIPAA). Security management processes are among the weakest links in compliance. In this article, we’ll look at some of the basics that covered entities and their business partners need to...

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Memorial Hermann Health System Hit with $2.4 Million HIPAA Fine
May11

Memorial Hermann Health System Hit with $2.4 Million HIPAA Fine

Memorial Hermann Health System has agreed to settle potential HIPAA Privacy Rule violations with the Department of Health and Human Services’ Office for Civil Rights (OCR) for $2.4 million. The settlement stems from an impermissible disclosure on a press release issued by MHHS in September 2015. Memorial Hermann Health System (MHHS) is a 16-hospital health system based in Southeast Texas, serving patients in the Greater Houston area....

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HIMSS Privacy and Security Forum Offers Insight into Healthcare Cyber Threat Landscape
May03

HIMSS Privacy and Security Forum Offers Insight into Healthcare Cyber Threat Landscape

Next week, the HIMSS Privacy and Security Forum will be taking place in San Francisco. The two-day conference provides an opportunity for CISOs, CIOs and other healthcare leaders to obtain valuable information from security experts on the latest cybersecurity threats, along with practical advice on how to mitigate risk. More than 30 speakers will be attending the event and providing information on a broad range of healthcare...

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MDLive Faces Class Action Lawsuit Over Alleged Patient Privacy Violations
Apr26

MDLive Faces Class Action Lawsuit Over Alleged Patient Privacy Violations

A class action lawsuit has been filed against the telemedicine company MDLive claiming the company violated the privacy of patients by disclosing sensitive medical information to a third party without informing or obtaining consent from patients. App users are required to enter in a range of sensitive information into the MDLive app; however, the complainant alleges that during the first 15 minutes of use, the app takes an average of...

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Wireless Health Services Provider Settles HIPAA Violations with OCR for $2.5 Million
Apr24

Wireless Health Services Provider Settles HIPAA Violations with OCR for $2.5 Million

2016 was a record year for HIPAA settlements, but 2017 is looking like it will see last year’s record smashed. There have already been six HIPAA settlements announced so far this year, and hot on the heels of the $31,000 settlement announced last week comes another major HIPAA fine. A $2.5 million settlement has been agreed with CardioNet to resolve potential HIPAA violations. CardioNet is a Pennsylvania-based provider of remote...

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Patient Records Must be Disclosed by Organ Procurement Organization, Rules Supreme Court Judge
Apr21

Patient Records Must be Disclosed by Organ Procurement Organization, Rules Supreme Court Judge

A New York Supreme Court Judge has recently ruled that patient records held by the New York Organ Donor Network must be turned over to a plaintiff and that the request cannot be denied based on HIPAA. Patrick McMahon claims he was fired from his position of Transplant Coordinator by the New York Organ Donor Network following complaints he made about organ harvesting from four patients who were still showing clear signs of life and had...

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OCR Settlement Highlights Importance of Obtaining Signed Business Associate Agreements
Apr21

OCR Settlement Highlights Importance of Obtaining Signed Business Associate Agreements

The Department of Health and Human Services’ Office for Civil Rights has sent another warning to HIPAA-covered entities about the need to obtain signed, HIPAA-compliant business associate agreements with all vendors prior to disclosing any protected health information. Yesterday, OCR announced it has agreed to settle potential violations of the Health Insurance Portability and Accountability Act with The Center for Children’s...

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$400,000 HIPAA Penalty Agreed with Denver FQHC for Security Management Process Failures
Apr13

$400,000 HIPAA Penalty Agreed with Denver FQHC for Security Management Process Failures

The Department of Health and Human Services’ Office for Civil Rights (OCR) has taken action against a Denver, CO-based federally-qualified health center (FQHC) for security management process failures that contributed to the organization experiencing a data breach in 2011. Metro Community Provider Network (MCPN) has agreed to pay OCR $400,000 and adopt a robust corrective action plan to resolve all HIPAA compliance issues identified...

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Roger Severino Named New Director of HHS’ Office for Civil Rights
Mar27

Roger Severino Named New Director of HHS’ Office for Civil Rights

The Department of Health and Human Services’ Office for Civil Rights has a new leader. The Trump Administration has chosen former civil rights trial attorney Roger Severino to lead the HIPAA enforcement efforts of the Office for Civil Rights. Severino joins OCR from the Heritage Foundation’s DeVos Center for Religion and Civil Society, Institute for Family, Community, and Opportunity, where he served as Director since May 2015....

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Alleged Social Media Retaliation by Doctor Breached HIPAA Privacy Rule
Mar20

Alleged Social Media Retaliation by Doctor Breached HIPAA Privacy Rule

A physician at the Dr. O Medical and Wellness Center in San Antonio, Texas allegedly retaliated against a patient by posting a video of the individual clad only in underwear on Facebook and YouTube. The doctor’s actions, which appear to be a clear violation of the HIPAA Privacy Rule, have resulted in her being sanctioned by the Texas Medical Board following a complaint by the patient. The patient, Clara Aragon-Delk, underwent a series...

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Updated HIPAA Compliance Audit Toolkit Issued by AHIMA
Mar07

Updated HIPAA Compliance Audit Toolkit Issued by AHIMA

Phase 2 of the Department of Health and Human Services’ Office for Civil Rights HIPAA compliance audits are now well underway. Late last year, covered entities were selected for desk audits and the first round of audits have now been completed. Now OCR has moved on to auditing business associates of covered entities. At HIMSS17, OCR’s Deven McGraw explained that the full compliance audits, which were initially penciled in for Q1,...

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AHIMA Publishes New Resource Confirming Patients’ PHI Access Rights under HIPAA
Mar02

AHIMA Publishes New Resource Confirming Patients’ PHI Access Rights under HIPAA

The Health Insurance Portability and Accountability Act (HIPAA) permits patients to obtain a copy of their medical records in electronic or paper form. Last year, the Department of Health and Human Services released a series of videos and documentation to explain patients’ right to access their health data. Yesterday, the American Health Information Management Association (AHIMA) also published guidance – in the form of a slideshow –...

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Simplified HITRUST CSF Program Helps Small Healthcare Organizations with Compliance and Risk Management
Mar02

Simplified HITRUST CSF Program Helps Small Healthcare Organizations with Compliance and Risk Management

HITRUST has announced that it has updated the HITRUST CSF and has also launched a new CSF initiative specifically for small healthcare organizations to help them improve their resilience against cyberattacks. While the HITRUST CSF – the most widely adopted privacy and security framework – can be followed by healthcare organizations to improve their risk management and compliance efforts, for many smaller healthcare organizations...

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Small Healthcare Data Breach Notification Deadline: March 1, 2017
Feb23

Small Healthcare Data Breach Notification Deadline: March 1, 2017

The Health Insurance Portability and Accountability Act’s Breach Notification Rule requires all covered entities to report breaches of unsecured electronic protected health information to the Department of Health and Human Services’ Office for Civil Rights. While large data breaches – those impacting 500 or more individuals – must be reported to OCR within 60 days of the discovery of the breach, covered entities can delay the...

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New HIPAA Guidance in 2017: Texting, Social Media, & Case Walkthrough
Feb22

New HIPAA Guidance in 2017: Texting, Social Media, & Case Walkthrough

At HIMSS17, OCR’s Deven McGraw shed some light on the HIPAA guidance OCR expects to release in 2017. OCR may be busy with assessing the findings of the HIPAA compliance desk audits of healthcare organizations and their business associates, but a swathe of new HIPAA guidance is set to be released this year. Last year, the Joint Commission lifted the ban on the use of text messages for orders, although within weeks of the announcement...

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Onsite HIPAA Audits Could Be Delayed by a Year
Feb21

Onsite HIPAA Audits Could Be Delayed by a Year

In an interview at HIMSS17 with the Information Security Media Group, Deven McGraw, Deputy Director of Health Information Privacy at the Department of Health and Human Services’ Office for Civil Rights, explained that the Phase 2 HIPAA compliance audits are progressing, although the onsite audits of covered entities will be delayed. It is currently unclear how much of a delay there will be. The onsite audits were to immediately follow...

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Horizon BCBS of New Jersey Pays $1.1 Million for HIPAA Violation
Feb21

Horizon BCBS of New Jersey Pays $1.1 Million for HIPAA Violation

The New Jersey Division of Consumer Affairs recently announced that Horizon Blue Cross Blue Shield of New Jersey (Horizon BCBSNJ) has agreed to pay a $1.1 million fine for failing to protect the electronic protected health information of almost 690,000 plan members. The Health Insurance Portability and Accountability Act (HIPAA) requires covered entities to implement administrative, technical and physical safeguard to protect the ePHI...

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Record HIPAA Settlement Announced: $5.5 Million Paid by Memorial Healthcare System
Feb17

Record HIPAA Settlement Announced: $5.5 Million Paid by Memorial Healthcare System

The Department of Health and Human Services’ Office for Civil Rights (OCR) has matched last year’s record HIPAA settlement with Advocate Health. Yesterday, OCR announced that a $5.5 million settlement had been reached with Florida-based Memorial Healthcare Systems to resolve potential Privacy Rule and Security Rule violations. Memorial Healthcare Systems has paid the penalty for non-compliance with HIPAA Rules, and in addition to the...

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Covered Entities Flirting with Fines for Late Data Breach Reports
Feb14

Covered Entities Flirting with Fines for Late Data Breach Reports

Last month, the Department of Health and Human Services’ Office for Civil Rights sent a message to covered entities regarding the late reporting of data breaches with the announcement of a settlement with Chicago-based healthcare network Presense Health. The settlement was the first reached with a covered entity purely to resolve HIPAA Breach Notification Rule violations. Presense Health had delayed the issuing of breach notification...

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Will HHS Secretary Tom Price Ease HIPAA Regulations?
Feb13

Will HHS Secretary Tom Price Ease HIPAA Regulations?

Tom Price was appointed as secretary of the Department of Health and Human Services on February 10, 2017, replacing Sylvia Matthews Burwell. The change in leadership could see a major change in focus at the HHS, which may extend to the HIPAA enforcement activities of the Office for Civil Rights. The appointment of a new director for the Office for Civil Rights may not be first on Price’s to do list, although the new HHS secretary is...

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High Costs are Preventing Many Patients from Accessing their Medical Records
Feb02

High Costs are Preventing Many Patients from Accessing their Medical Records

The HIPAA Privacy Rule permits patients to obtain a copy of their medical records from their healthcare providers on request. By obtaining copies of medical records, patients are able to take a more active role in their healthcare and treatment. Obtaining copies of medical records also makes it much easier for patients to share their medical records with other healthcare providers and make smarter choices about their healthcare. The...

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$3.2 Million HIPAA Civil Monetary Penalty for Children’s Medical Center of Dallas
Feb02

$3.2 Million HIPAA Civil Monetary Penalty for Children’s Medical Center of Dallas

The Department of Health and Human Services’ Office for Civil Rights (OCR) has announced that Children’s Medical Center of Dallas has paid a civil monetary penalty of $3.2 million to resolve multiple HIPAA violations spanning several years. It is relatively rare for OCR a HIPAA Civil Monetary Penalty to be paid by a HIPAA-covered entity to resolve HIPAA violations discovered during OCR data breach investigations. In the vast majority...

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$2.2 Million Settlement for Impermissible Disclosure of ePHI
Jan19

$2.2 Million Settlement for Impermissible Disclosure of ePHI

The U.S. Department of Health and Human Services’ Office for Civil Rights has agreed a $2.2 million settlement with MAPFRE Life Assurance Company of Puerto Rico – A subsidiary of MAPFRE S.A., of Spain – to resolve potential noncompliance with the Health Insurance Portability and Accountability Act of 1996 (HIPAA). The settlement relates to the impermissible disclosure of the electronic protected health information of 2,209...

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No HIPAA Violation Fine for Virginia State Senator
Jan19

No HIPAA Violation Fine for Virginia State Senator

While campaigning to become Republican state senator for Virginia in 2015, Henrico County physician Siobhan Dunnavant, M.D., used patients’ contact information – classed as protected health information under HIPAA Rules – to solicit donations from patients to help fund her campaign. Contact information – names and addresses – was shared with her campaign team and was used to communicate with patients. The same information...

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OCR Reminds CEs of HIPAA Audit Control Requirements
Jan17

OCR Reminds CEs of HIPAA Audit Control Requirements

In the past few weeks, a number of HIPAA-covered entities have announced that employees have been discovered to have inappropriately accessed the medical records/protected health information of patients. Two of the recent cases were discovered when covered entities performed routine audits of access logs. In both instances, the employees were discovered to have inappropriately accessed the electronic protected health information...

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OCR HIPAA Enforcement: Summary of 2016 HIPAA Settlements
Jan12

OCR HIPAA Enforcement: Summary of 2016 HIPAA Settlements

The Department of Health and Human Services’ Office for Civil Rights has stepped up its enforcement activities in recent years, and 2016 HIPAA settlements were at record levels. In total, payments of $22,855,300 were made to OCR in 2016 to resolve alleged HIPAA violations. Seven settlements were in excess of $1,500,000. In 2016, OCR settled alleged HIPAA violations with 12 healthcare organizations. Last year also saw an Administrative...

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