Electronic Health Records


Proposed HIPAA Modification Would Facilitate Care Coordination
December 17, 2020 | Eric D. Fader | Behavioral Health | COVID-19 | Electronic Health Records | HIPAA | Hospitals | Legislation and Public Policy | Private Insurers
A proposed rule released by the U.S. Department of Health and Human Services on December 10 would give healthcare providers more flexibility to share patients’ health information for certain purposes. The rule, titled “Proposed Modifications to the HIPAA Privacy Rule to Support, and Remove Barriers to, Coordinated Care and Individual Engagement,” would loosen HIPAA restrictions …
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New AKS Safe Harbors Finalized
December 3, 2020 | Geoffrey R. Kaiser | Electronic Health Records | Fraud and Abuse | Hospitals | Legislation and Public Policy | Medical Devices and Wearables | Medicare and Medicaid | Pharmaceuticals | Telehealth
The Office of Inspector General, Department of Health and Human Services (OIG) has finalized new safe harbors and modifications of existing safe harbors under the federal Anti-Kickback Statute (AKS) to reflect a policy priority favoring a value-based health care system that “pays for health and outcomes” and that will “remove potential barriers to more effective …
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New Haven Settles HIPAA Breach for $202K
November 11, 2020 | Eric D. Fader | Electronic Health Records | HIPAA | Litigation
The city of New Haven, Connecticut recently agreed to pay $202,400 to the U.S. Department of Health and Human Services’ Office for Civil Rights (OCR) to settle multiple HIPAA violations in connection with a 2016 incident at the city’s public health clinic. OCR announced the settlement on October 30. In January 2017, the New Haven …
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NY Spine Settles HIPAA Right of Access Violation for $100K
October 27, 2020 | Eric D. Fader | Electronic Health Records | HIPAA | Legislation and Public Policy | Litigation
The U.S. Department of Health and Human Services’ Office for Civil Rights’ HIPAA Right of Access Initiative has claimed another victim. HHS announced on October 9 that NY Spine Medicine, a private neurology and pain management practice with offices in Manhattan and Miami Beach, agreed to pay a $100,000 penalty for failing to provide patients …
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Anthem Agrees to $48 Million Multi-State Settlements Over 2014 Data Breach
October 9, 2020 | Ada (Kozicz) Janocinska | Cybersecurity | Electronic Health Records | HIPAA | Litigation | Private Insurers
Health insurer Anthem, Inc. has finally reached a settlement with a coalition of 41 states plus the District of Columbia, and a separate settlement with California, to resolve state attorney general investigations of a data breach that occurred in 2014. Anthem has agreed to pay the states a total monetary penalty of $48.2 million. The …
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FDA Announces Digital Health Center of Excellence
October 7, 2020 | Cassandra Rivais DiNova | Electronic Health Records | FDA | Home Health | Legislation and Public Policy | Medical Devices and Wearables | Telehealth
On September 22, the U.S. Food and Drug Administration (FDA) announced the launch of its Digital Health Center of Excellence within the Center for Devices and Radiological Health. The FDA called this an important step toward its goal of advancing digital health technology, including mobile health (mHealth), health information technology, wearable devices, telehealth, and personalized …
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Insurer Paid Second Largest HIPAA Settlement Ever
September 29, 2020 | Eric D. Fader | Cybersecurity | Electronic Health Records | HIPAA | Litigation | Private Insurers
The third HIPAA settlement to be announced by the U.S. Department of Health and Human Services within one week was a big one. On September 25, HHS announced that Premera Blue Cross agreed to pay $6.85 million to HHS’s Office for Civil Rights (OCR) to settle HIPAA violations arising out of a data breach that …
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OCR Updates Mobile Health App Resources
September 25, 2020 | Eric D. Fader | Cybersecurity | Electronic Health Records | HIPAA | Legislation and Public Policy | Medical Devices and Wearables | Telehealth
The U.S. Department of Health and Human Services’ Office for Civil Rights (OCR) recently unveiled a new website with updated guidance and resources for mobile health app developers regarding the HIPAA Privacy, Security, and Breach Notification Rules. The new Resources for Mobile Health Apps Developers site replaces OCR’s prior Health App Developer Portal. The new site’s Health …
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GA Orthopedic Practice in $1.5M HIPAA Settlement
September 23, 2020 | Eric D. Fader | Cybersecurity | Electronic Health Records | HIPAA | Litigation
On September 21, the U.S. Department of Health and Human Services’ Office for Civil Rights (OCR) announced a $1.5 million agreement with Athens Orthopedic Clinic PA to settle “longstanding, systemic noncompliance” with the HIPAA Privacy and Security Rules. OCR’s investigation was triggered by a 2016 data breach that affected more than 200,000 of Athens Orthopedic’s patients. …
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OCR Announces Five HIPAA “Right of Access” Settlements
September 17, 2020 | Ada (Kozicz) Janocinska | Behavioral Health | Electronic Health Records | HIPAA | Legislation and Public Policy | Litigation
On September 15, the U.S. Department of Health and Human Services’ Office for Civil Rights (OCR) announced five new settlements relating to enforcement of HIPAA’s right of access rule. Under HIPAA, patients have the right to timely access to their medical records, as recently discussed here. A HIPAA covered entity must respond to a patient’s …
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