A Look Back at 2024: HIPAA Enforcement Year in Review

A Look Back at 2024: HIPAA Enforcement Year in Review

by | Dec 31, 2024 | , ,

Calendar year 2024 brought a range of high-impact HIPAA enforcement actions from the U.S. Department of Health and Human Services (HHS) Office for Civil Rights (OCR). By the year’s end, OCR had collected over $9 million through various settlements and final determinations. Interestingly, 2024 stands out for having the most final determinations (i.e., definitive impositions of a Civil Money Penalty) in OCR’s HIPAA enforcement history. However, it remains the case that most matters are resolved cooperatively through settlement agreements. Across hospitals, nursing facilities, EMS providers, physician offices (including dental and specialty practices), and even a health care clearinghouse, OCR’s actions highlighted the ongoing importance of thorough risk analyses, timely patient access to records, comprehensive workforce training, and secure system configurations.

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Unmasking the Issues: The Final Resolution in the Epic v. Particle Health Dispute

Unmasking the Issues: The Final Resolution in the Epic v. Particle Health Dispute

by | Oct 30, 2024 | ,

In a decision that will have lasting implications for interoperability and health information exchange, earlier this month Carequality issued its Final Resolution in the dispute between Epic and Particle Health. This follows months of deliberation, multiple rounds of evidence submission, and deep scrutiny of the rules governing data sharing. This latest resolution delivers much-needed clarity on several key concerns—but it also introduces fresh questions around enforcement, reciprocity, and how trusted exchange will continue to evolve.

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HIPAA Reproductive Health Care Privacy – Attestation Template, Policy Samples, updated HIPAA policies, a HIPAA-New Jersey Reproductive Health Care Law crosswalk, and more!

HIPAA Reproductive Health Care Privacy – Attestation Template, Policy Samples, updated HIPAA policies, a HIPAA-New Jersey Reproductive Health Care Law crosswalk, and more!

by | Jun 26, 2024 | ,

June 25, 2024 has arrived! This means that the Final Rule for HIPAA Privacy to Support Reproductive Health Care Privacy is officially in effect, and HIPAA covered entities and business associates may now begin implementing its new requirements! But there are still many questions about how some of the new requirements should be implemented. Among those giving covered entities and business associates the most angst is the new Attestation requirement.

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Who’s On First? Confusion Continues About Who Should be Reporting the Change Healthcare PHI Breaches (UPDATED)

Who’s On First? Confusion Continues About Who Should be Reporting the Change Healthcare PHI Breaches (UPDATED)

by | Jun 12, 2024 | , ,

What should covered entity healthcare providers be considering and doing, especially where Change Healthcare has yet to take any affirmative breach notification actions? In this post, I take a deeper dive into key issues and share suggestions on steps covered entities may wish to take in order to manage ongoing uncertainties and risks that continue to simmer as a result of the Change Healthcare incident.

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FTC Expands Health Breach Notification Rule: What It Means for Health Apps, HIEs, and the Future of Health Data Privacy

FTC Expands Health Breach Notification Rule: What It Means for Health Apps, HIEs, and the Future of Health Data Privacy

by | May 15, 2024 | , , , ,

The FTC has finalized significant changes to the Health Breach Notification Rule (HBNR), a regulation originally designed to ensure that personal health records (PHRs) and similar digital health platforms notify consumers in the event of a data breach. These updates clarify the rule’s applicability to technologies outside the scope of HIPAA and impose stricter notification and transparency requirements on companies handling sensitive health data. The amendments also carry broad implications for HIEs and HINs, which are at the forefront of data interoperability and patient information sharing.

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The 2023 HITECH Report to Congress: Big Steps in Interoperability—No April Fools’ Gimmicks

The 2023 HITECH Report to Congress: Big Steps in Interoperability—No April Fools’ Gimmicks

by | Apr 1, 2024 | ,

The latest HITECH Report to Congress, released earlier this month, outlines the evolving landscape of health information technology and the continued push toward a more connected, interoperable health care system. With electronic health records (EHRs) now a staple in most clinical settings, the focus has shifted from adoption to enhancing how data is exchanged and used. The report highlights major achievements, persistent challenges, and future priorities in the journey toward seamless health information sharing.

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FTC Expands Health Breach Notification Rule: What It Means for Health Apps, HIEs, and the Future of Health Data Privacy

42 C.F.R. Part 2 Final Rule Amending Privacy of Substance Use Disorder Records Released.

by | Feb 9, 2024 |

The Final Rule amending 42 CFR Part 2 finalizes changes that will align uses and disclosures of Part 2 information with HIPAA for treatment, payment & health care operations. Part 2 providers and others who must comply with Part 2 and this Final Rule have two (2) years to get into compliance. Read more about the changes and how we can help with compliance.

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When AI Denies Your Healthcare: The UnitedHealthcare Lawsuit and the Legal Dangers of AI in Medicine

When AI Denies Your Healthcare: The UnitedHealthcare Lawsuit and the Legal Dangers of AI in Medicine

by | Nov 29, 2023 | ,

icial intelligence (AI) is supposed to make healthcare smarter, more efficient, and—ideally—better for patients. But as UnitedHealthcare Group (UHG) recently learned, AI can also go horribly wrong, leading to denied care, regulatory scrutiny, and class-action lawsuits. Today’s posts breaks down what happened in the UHG case, what it reveals about some of AI’s legal minefields, and how healthcare organizations can avoid becoming the next target of an AI-related lawsuit.

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Hefty Monetary Disincentives Proposed for Health Care Providers Engaged in Information Blocking – But Not Every Provider Is on the Hook.

Hefty Monetary Disincentives Proposed for Health Care Providers Engaged in Information Blocking – But Not Every Provider Is on the Hook.

by | Oct 31, 2023 | ,

The Proposed Rule for enforcement is out, and the potential financial “hit” that health care providers may face if the OIG finds them to have violated the Information Blocking Rule (IBR) could be substantial, but don’t get spooked. The reach of the proposed enforcement has limitations. Read more to find out why.

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Minnesota Supreme Court Finds State Law Permits Health Information to be Shared Because HIPAA Authorizes It

Minnesota Supreme Court Finds State Law Permits Health Information to be Shared Because HIPAA Authorizes It

by | Oct 11, 2023 | , , , ,

The Minnesota Supreme Court held that HIPAA “authorizes” disclosures for purposes of state law and consent was not required for a hospital to disclose PHI to its institutionally related foundation for fundraising purposes. Other states might take a similar stance. The Information Blocking Rule (IBR) prohibits health care providers from interfering with the access and exchange of EHI in an unreasonable manner. State with laws containing similar “as authorized by federal law” exceptions to consent must be carefully considered when claiming the IBR’s Privacy Exception to “block” EHI.  

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Is Your Organization Paying for the Cost of Health Care? You Might be Responsible for a Health Plan with HIPAA Compliance Obligations.

Is Your Organization Paying for the Cost of Health Care? You Might be Responsible for a Health Plan with HIPAA Compliance Obligations.

by | Sep 21, 2023 | , , ,

OCR reaches a new $1.3 million dollar settlement with a health plan for HIPAA violations. OCR says, “HIPAA-regulated entities need to be proactive in ensuring their compliance with the HIPAA Rules, and not wait for OCR to reveal long-standing HIPAA deficiencies.” Employers that offer Employee Benefits must evaluate if they are responsible for a health plan with HIPAA compliance obligations.

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Penalties for Violation of the Information Blocking Rule Start Today!

Penalties for Violation of the Information Blocking Rule Start Today!

by | Sep 1, 2023 | ,

OIG’s authority to begin enforcement of the Information Blocking Rule begins September 1, 2023. Certain Actors subject to the Information Blocking Rule may be subject up to a $1 million penalty per violation! Actors need to be proactive in ensuring their compliance with the Information Blocking Rule and not wait for the OIG to discover them.

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