Please join us this Tuesday, March 19, 2013 for a complimentary webinar to further discuss the release of the Final Omnibus HIPAA Rule by the U.S. Department of Health and Human Services. This is the first in a three-part miniseries following last month’s webinar, where we focused generally on the sweeping changes to the HIPAA Privacy… Continue Reading
Tag Archives: OCR
The Final Omnibus HIPAA Rule: Are You Ready?
Posted in Enforcement, RulemakingAs we mentioned in last week’s Webinar on the HIPAA Final Omnibus Rule, there are less than nine short months for covered entities and their business associates (and all downstream business associates) to comply with the HIPAA final rules. For those entities that have already taken steps following the release of the HITECH interim rules, the… Continue Reading
OCR Settles with Hospice of Northern Idaho for $50,000.00
Posted in EnforcementOCR’s recent enforcement action against a small non-profit hospice organization in Idaho is more evidence that OCR is looking carefully at HIPAA Security Rule compliance. On December 28, 2012, HHS announced that Hospice of Northern Idaho (“HONI”) had agreed to pay HHS $50,000 to settle potential violations of the HIPAA Security Rule. This is the… Continue Reading
Final Omnibus HIPAA Rule Delayed
Posted in RulemakingStill waiting. The White House Ofice of Management and Budget (“OMB”) has extended its review of the final omnibus HIPAA rule, validating recent comments indicating that further delay was likely. As we reported back in March, the Department of Health and Human Services Office for Civil Rigths submitted the final omnibus rule for review by OMB,… Continue Reading
Alaska Medicaid Pays $1.7 Million to Settle HIPAA Violations
Posted in EnforcementLast week, the Alaska Department of Health and Human Services (“Alaska DHHS”), the state’s Medicaid agency, agreed to pay U.S. Health and Human Services $1.7 million to settle alleged violations of the HIPAA Security Rule. The HIPAA Security Rule protects health information in electronic form by requiring covered entities to use physical, technical, and administrative… Continue Reading
OCR Presents Preliminary HIPAA Audit Findings
Posted in EnforcementOCR’s Audit Program, which began in December 2011, is part of HHS’ efforts under HITECH to assess HIPAA compliance by covered entities, identify best practices, and discover risks and vulnerabilities in protecting the privacy and security of PHI which may not have come to light through OCR’s complaint investigation and compliance reviews. OCR has repeatedly stated that… Continue Reading
HIPAA Final Rule Status Update
Posted in RulemakingWe reported a few months back that the end of June was the anticipated timeframe for the issuance of the final HIPAA rule. Recent comments from federal officials indicate that this might be a bit optimistic. At the annual Safeguarding Health Information: Building Assurance through HIPAA Security conference, the Department of Health and Human Services Office for… Continue Reading
OCR RELEASES STATE ATTORNEYS GENERAL HIPAA TRAINING MATERIALS
Posted in EnforcementWith the enactment of HITECH in 2009, State Attorneys General became a player in the HIPAA enforcement game. Section 13410(e) of HITECH permits State Attorneys General to obtain damages on behalf of state residents or to enjoin further violations of the HIPAA Privacy and Security Rules. In 2011, the Office for Civil Rights (OCR) developed… Continue Reading
OCR EDUCATES CONSUMERS REGARDING HIPAA RIGHT OF ACCESS
Posted in EnforcementHealth care providers and health plans should expect an increase in patient requests for their own health care information as OCR continues to emphasize the HIPAA right of access. On May 31, 2012, Leon Rodriguez, Director of OCR, issued a memorandum regarding patients’ fundamental right to access their own health care information. See hhs.gov/ocr/privacy/hipaa/understanding/consumers/righttoaccessmemo.pdf. Director Rodriguez,… Continue Reading
HIPAA Enforcement Targets Small Physician Practice
Posted in EnforcementA 5-physician practice in Phoenix was the target of HHS Office of Civil Right’s (“OCR”) most recent enforcement action. The practice agreed to pay HHS a resolution amount of $100,000, as well as enter into a Corrective Action Plan, for its fialure to comply the most fundamental of HIPAA requirements. As I discussed at the… Continue Reading
Proposed 2013 Budget Will Decrease Funding for OCR HIPAA Enforcement
Posted in EnforcementThe President’s fiscal year 2013 budget proposes to decrease funding for the Department of Health and Human Services Office of Civil Rights (“OCR”) by $2 million. The estimated budget allocates $39 million to the agency charged with HIPAA enforcement, down from an estimated $41 million in fiscal 2012. In light of OCR’s enhanced enforcement capabilities… Continue Reading