HIPAA


HHS Issues Limited HIPAA Waivers in Hurricane Areas
September 12, 2019 | Eric D. Fader | Electronic Health Records | HIPAA | Legislation and Public Policy
As it had done for previous hurricanes, the U.S. Department of Health and Human Services (HHS) recently issued a HIPAA Bulletin providing for a limited waiver of HIPAA sanctions and penalties for covered entities in Puerto Rico, Florida, Georgia, South Carolina and North Carolina in the aftermath of Hurricane Dorian. Such waivers are primarily intended …
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HIPAA Access Violation Results in Settlement
September 10, 2019 | Eric D. Fader | Electronic Health Records | HIPAA | Hospitals | Litigation
The U.S. Department of Health and Human Services (HHS) announced on September 9 that Bayfront Health St. Petersburg (Bayfront), a 480-bed Florida hospital, has paid HHS’s Office for Civil Rights (OCR) $85,000 to settle a potential violation of HIPAA’s right of access provisions. Bayfront’s Resolution Agreement with HHS also provided for the company to enter into a one-year …
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Study Reveals Widespread HIPAA Access Violations
August 22, 2019 | Eric D. Fader | Electronic Health Records | HIPAA | Hospitals
A recent study of 51 healthcare providers and 3,003 institutions, published last week on the medRXiv website, revealed widespread noncompliance with HIPAA requirements regarding patients’ right of access to their own medical records. The study was conducted on behalf of Ciitizen Corporation, a medical records storage platform for patients. The researchers sent record requests to …
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OCR Releases New HIPAA FAQs on Care Coordination
July 16, 2019 | Ada Kozicz | HIPAA | Legislation and Public Policy | Private Insurers
The U.S. Department of Health and Human Services’ Office for Civil Rights (OCR) recently issued new guidance on its HIPAA FAQs webpage regarding permissible use and disclosures of protected health information (PHI) by health plans for purposes of care coordination and continuity of care. Health plans are covered entities under HIPAA. The guidance explains that, …
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Pharma Ads Target Smartphone Users in Waiting Rooms
July 9, 2019 | Eric D. Fader | HIPAA | Hospitals | Pharmaceuticals
FiercePharma reports that patients in doctor’s office waiting rooms who use the office Wi-Fi network may now receive targeted pharmaceutical ads on their smartphones. Semcasting, Inc., a Massachusetts-based data provider, uses a technology called Smart Zones that can deliver messages to the entire audience at a business’s IP address. The digital ad delivery is far …
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Rivkin Radler Lawyers Edit HIPAA Chapter of Treatise
May 30, 2019 | Rivkin Rounds Staff | Cybersecurity | Electronic Health Records | HIPAA | Legislation and Public Policy
Rivkin Radler’s Eric Fader and Margarita Christoforou edited the “Health Care Privacy and the Health Insurance Portability and Accountability Act of 1996” chapter in the June 2019 edition of the Thomson Reuters Data Security and Privacy Law treatise. Eric has edited this chapter of the treatise since its 2014 edition. New material in this year’s …
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Data Breach Leads to $1 Million in Settlements for IN Company
May 28, 2019 | Eric D. Fader | Cybersecurity | Electronic Health Records | HIPAA | Litigation
The U.S. Department of Health and Human Services (HHS) announced on May 23 that Medical Informatics Engineering, Incorporated (MIE), an Indiana-based online electronic health records company, had agreed to pay HHS’s Office for Civil Rights (OCR) $100,000 to settle HIPAA violations. MIE’s April 23 Resolution Agreement with HHS also provided for the company to enter …
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Diagnostic Imaging Provider Pays $3 Million to Settle Data Breach
May 7, 2019 | Eric D. Fader | Cybersecurity | Electronic Health Records | HIPAA | Litigation
Touchstone Medical Imaging has agreed to pay $3 million to settle HIPAA violations after an unsecured computer server exposed the medical records of 300,000 patients on Google in 2014. The U.S. Department of Health and Human Services (HHS) announced the settlement on May 6. Touchstone, based in Franklin, Tennessee, provides diagnostic imaging services in Nebraska, …
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OCR Issues HIPAA FAQs on Software Apps
May 6, 2019 | Eric D. Fader | Cybersecurity | Electronic Health Records | HIPAA | Medical Devices and Wearables
The U.S. Department of Health & Human Services’ Office for Civil Rights (OCR) recently issued five new FAQs pertaining to software applications that obtain individuals’ electronic protected health information (ePHI). The FAQs describe various scenarios in which HIPAA covered entities may transmit ePHI to apps, including fitness trackers and other wearables. In short, a covered entity …
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HHS Reduces Potential HIPAA Penalties
April 30, 2019 | Eric D. Fader | Cybersecurity | Electronic Health Records | HIPAA
The U.S. Department of Health and Human Services (HHS) has revised the potential monetary penalties that may be imposed on healthcare providers, health plans and business associates for HIPAA violations. HHS’s notice of enforcement discretion, issued on April 26, reduces the maximum annual penalty for less-severe violations from $1.5 million to as low as $25,000. The …
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