Topic: OCR

JD Supra Corporate Brief: Whistleblower Program, Social Media, Activist Investors, Privacy Policies

If there’s a better way to celebrate National Croissant Day than a stop at the bakery on your way into the office, we sure can’t think of it… Momentum is building for the SEC’s Dodd-Frank whistleblower program… (Daniel Dunne, Susanne Klaric, Renee Phillips, and Paul Rugani at Orrick) Do you provide social media training to… Read more »

HIPAA Q&A: What’s the New Word on Data Breaches?

“The definition of a data ‘breach’ was changed. The Omnibus Rules replaced the more subjective ‘harm standard’ with a more objective test that requires the covered entity to determine (based on a four-factor risk assessment) whether protected health information has been ‘compromised.’” (Snell & Wilmer) One of the key components of the new HIPAA /… Read more »

Summary of Final Omnibus HIPAA/HITECH Rules

No time read all 563 pages of the US Department of Health and Human Services Office for Civil Rights’ HIPAA/HITECH Omnibus Rule? Here’s a summary of key points: Effective Date: “The Enforcement Rule changes are effective on March 26, 2013. The additional 180 days afforded for most of the provisions in the Final Rule apply… Read more »

New HIPAA Omnibus Rule Modifies Privacy and Breach Notification Requirements for Health Care Providers

“The Final Rule represents the most significant development in healthcare privacy law since the issuance of the final Privacy Rule and Security Rule a decade ago.” (Morgan Lewis) On January 17, 2013, the Office for Civil Rights (OCR) of the U.S. Department of Health and Human Services (HHS) released its final omnibus rule, strengthening the… Read more »

2012 in Review – The Most Popular Corporate Law Report Posts of the Year

What’s on your mind? Four themes in particular, if we go by what you’ve read over the past year: Legal issues related to doing business internationally Dodd-Frank regulations and other financial reforms Intellectual property Health care, including in particular HIPAA regulations and health care reform As popular as those issues were, however, there are many… Read more »

HIPAA Update: How to Turn Protected Health Information into Research Data

“HIPAA places tight restrictions on the use and disclosure of protected health information, but there are many ways to ‘de-identify’ it, freeing it from HIPAA’s constraints. Covered entities and business associates can use de-identification to reduce their exposure to HIPAA and expand their use of health data.” (Davis Wright Tremaine) On November 26, 2012, the… Read more »

HIPAA Audit Report Gives Providers New Roadmap to Compliance

In late June 2012, the Department of Health and Human Services Office for Civil Rights published its long-awaited HIPAA compliance audit protocol. For covered entities and business associates, the protocol serves as a roadmap of practices and procedures that help ensure compliance and avoid fines and other sanctions. Law firm Mintz Levin: “The protocol addresses… Read more »

HIPAA Compliance: 5 Suggestions for Protecting Patient Data

Federal regulators are stepping up their enforcement of the Health Insurance Portability and Accountability Act (HIPAA), as a recent $100,000 fine levied on Phoenix Cardiac Services demonstrates. From law firm Mintz Levin: “The settlement reaffirms OCR’s commitment to enforcing the Privacy and Security Rules, and its willingness to sanction covered entities for HIPAA violations.” (The… Read more »

HIPAA Compliance: 6 Audit Questions (and Answers) for Covered Entities

Late last year, members of the Senate Judiciary Committee challenged regulators to step up enforcement of the Health Insurance Portability and Accountability Act: “… the Subcommittee made clear that the [Office for Civil Rights’] efforts fell far short of its expectations, pointing out that, of tens of thousands of HIPAA complaints received by OCR since… Read more »