On January 31, 2020, the Secretary of the U.S. Department of Health and Human Services (HHS) declared a public health emergency in response to the COVID-19 pandemic. A number of federal government agencies have since taken action to temporarily relax
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Former Patient Brings Class Action Against Rehab Center Under CCPA’s Private Right of Action
A Pennsylvania resident (“Plaintiff”) has filed a class action complaint (the “Complaint”) in the United States District Court for the Central District of California against Sunshine Behavioral Health Group LLC (“Sunshine Behavioral”), which operates drug and alcohol addiction rehabilitation centers.…
Spate of New OCR HIPAA Enforcement Actions Confirms the Importance of (No Surprise!) Conducting a Thorough Risk Assessment and Prompt Breach Reporting
It has been a busy last few weeks at the U.S. Department of Health and Human Services Office for Civil Rights (OCR). OCR has announced four new enforcement actions, the most recent of which is rooted in a healthcare provider’s…
Global Privacy and Security by Design Considerations
The laws, rules, and regulations regarding privacy and data security are changing throughout the world. In the United States, California recently passed the California Consumer Privacy Act (CCPA), which is due to take effect in 2020. In May 2018, Europe…
New HIPAA Settlement Is the First under OCR’s Right of Access Initiative
The U.S. Department of Health and Human Services Office for Civil Rights (OCR) announced last week that it entered into a Resolution Agreement with a Florida medical center (“Medical Center”) following allegations that the Medical Center failed to respond to…
Recent Settlement with OCR and New OCR Fact Sheet Serve as Reminders That Business Associates Have Direct Liability under HIPAA
The Department of Health and Human Services Office for Civil Rights (OCR) has shown once again that it is willing to enforce HIPAA against business associates, as seen in a recent settlement. The settlement highlights the importance of thorough risk…
New Settlement with OCR Reminds Healthcare Companies of the Importance of a Timely and Thorough Investigation of Security Incidents
Despite the announcement made last week by the Department of Health and Human Services Office for Civil Rights (OCR) about certain reduced penalty caps under the Health Insurance Portability and Accountability Act (HIPAA), OCR has shown in this week’s settlement…
Small Physician Practice Settles with OCR: Yet Another Reminder of the Perils of Responding to Patient Complaints in a Public Forum
A private practice (Practice) comprising three physicians has agreed to pay the U.S. Department of Health and Human Services (HHS) Office for Civil Rights (OCR) $125,000 to settle potential violations of the Health Insurance Portability and Accountability Act (HIPAA). While…
A Busy Week at OCR: The Anthem Settlement, an Updated Security Risk Assessment Tool, and New Priorities for OCR
After a relatively quiet start to 2018, the Office for Civil Rights within the U.S. Department of Health and Human Services (OCR) has had an incredibly busy week, with the announcement of a blockbuster settlement, an updated security risk assessment…
New Association Health Plan Rules and What the Recent Attorneys General Lawsuit Means for These New Rules
Recently, the attorneys general of eleven states and the District of Columbia filed suit to challenge the Department of Labor’s (DOL) new association health plan (AHP) regulations (the “AG Litigation”). Although it is unclear at this time whether the AG…