These days, news stations are frequently running stories concerning people being treated for COVID-19, the providers working tirelessly to care for them, and politicians visiting health care facilities for a first-hand look at the crisis. In response to the media interest, the Office for Civil Rights (OCR) issued guidance on May 5, 2020 to healthcare
OCR Issues Additional Guidance on HIPAA for Providers and First Responders on COVID-19 Front Lines
On March 24, 2020, the U.S. Department of Health & Human Services (HHS) Office for Civil Rights (OCR) issued new HIPAA guidance to help providers and first responders in its efforts to combat the COVID-19 pandemic.
OCR’s guidance addresses when HIPAA allows disclosures without patient authorization of identifying health information to first responders – such…
Department of Health & Human Services Office for Civil Rights Issues Guidance Regarding HIPAA Privacy and Novel Coronavirus
The Office of Civil Rights (OCR) last month provided guidance and a reminder to HIPAA covered entities and their business associates regarding the sharing of patient health information (PHI) under the Health Insurance Portability and Accountability Act (HIPAA) Privacy Rule during an outbreak or emergency situation such as what we are all facing right now…
OIG Audit Finds that Majority of Part D Providers Surveyed Used E1 Transactions for Potentially Inappropriate Purposes
The Centers for Medicare and Medicaid Services (CMS) requested an audit by the Office of Inspector General (OIG) of Medicare Part D eligibility verification transactions (E1) transactions. The OIG recently released its report which found that the majority of the providers evaluated used E1 transactions for some inappropriate purpose other than to bill for a…
OCR Comments on Recent Ciox Case Vacating Certain Omnibus Rule Regulations and Guidance Relating to Fees for Providing Patient Records
The U.S. Department of Health and Human Services’s (HHS) Office for Civil Rights (OCR) issued an Important Notice Regarding Individuals’ Right of Access to Health Records through its email list serve on January 29, 2020. In the Notice, OCR addressed the recent memorandum Opinion issued in Ciox Health v. Azar, et al, No. 18-cv-00040 (D.D.C.…
Misdirected Hospital Bills Lead to $2.175 Million HIPAA Settlement
On November 27, 2019, the U.S. Department of Health & Human Services Office for Civil Rights (OCR) announced a $2.175 million dollar settlement with a hospital system to resolve alleged violations of HIPAA’s Breach Notification Rule and Privacy Rule. The settlement is noteworthy as it represents OCR’s fourth HIPAA settlement in excess of $1 million…
Texas Health and Human Services Fined $1.6 Million for HIPAA Violations
The Office for Civil Rights (OCR) announced that it has fined the Texas Health and Human Services Commission (TXHHS) $1.6 million for HIPAA violations. This is one of the few fines the OCR has levied against a state agency.
The fine centers around a data breach that TXHHS self-reported to the OCR in June 2015…
Jackson Health System Fined by OCR
The Office for Civil Rights (OCR) announced on October 23, 2019, that Jackson Health System (Jackson), a not-for-profit hospital system comprised of six hospitals, urgent care centers, nursing facilities, and primary care and specialty services based in Miami, Florida, has waived its right to a hearing and did not contest the findings set forth in…
Dental Practice Pays $10,000 Fine to OCR for Disclosing PHI on Social Media
Elite Dental Associates (Elite), located in Dallas, Texas has agreed to settle alleged HIPAA violations with the Office for Civil Rights (OCR) for $10,000.
The OCR alleged that it received a complaint from a patient in June of 2016 that Elite had disclosed the patient’s last name and details of the patient’s health condition on…
For First Time Ever, Government Brings HIPAA Enforcement Action Alleging Violations of Right to Access Medical Records
On September 9, 2019, the Department of Health and Human Services (HHS) Office for Civil Rights (OCR) announced that it had settled its first ever HIPAA enforcement action arising from alleged violations of the individual right to access health information under HIPAA. OCR entered into a settlement with Bayfront Health St. Petersburg (Bayfront) in response…