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Article

Fox Rothschild LLP | USA | 10 Nov 2011

HHSOCR audits are coming: what are covered entities doing to prepare?

Those entities subject to both the HIPAA privacy and security rules should pay close attention to recent action taken by the U.S. Department of Health and Human Services (“HHS”) Office for Civil Rights (“OCR”), which will increase the frequency and depth of government audits for HIPAAHITECH compliance over the next year.

Article

Fox Rothschild LLP | USA | 23 Sep 2011

Notices, notices and more notices: a brief refresher on required disclosures

Do you know how many disclosure requirements there are for benefit plans?

Article

Fox Rothschild LLP | USA | 1 Mar 2011

New turn in the parade of PHI breaches: Office of Civil Rights exacts heavy payments from Cignet Health and Massachusetts General Hospital

As reported previously, the requirements under the HIPAAHITECH statutes and regulations for public disclosure of security breaches of Protected Health Information ("PHI") have been bringing direct intervention by attorneys general with respect to enforcement actions regarding such breaches.

Article

Fox Rothschild LLP | USA | 28 Feb 2011

New turn in the parade of PHI breaches: Office of Civil Rights exacts heavy payments fromCcignet Health and Massachusetts General Hospital

As reported previously on this blog series, the requirements under the HIPAAHITECH statutes and regulations for public disclosure of security breaches of Protected Health Information ("PHI") have been bringing direct intervention by attorneys general with respect to enforcement actions regarding such breaches.

Article

Fox Rothschild LLP | USA | 1 Dec 2010

PHI: what can a provider do to "insure" against a security breach?

My colleague, Michael Kline, has been regularly reporting on this blog about the parade of Protected Health Information (PHI) privacy and security breaches that are occurring at large, sophisticated hospital systems, such as the Henry Ford Health System in Michigan, and health insurance carriers, such as Wellpoint, Inc. in Indiana.

Article

Fox Rothschild LLP | USA | 25 Oct 2010

Missing from the parade of large PHI security breaches - advice to the public by the secretary of HHS on its change in an HHS website URL

Note: The title and substance of this blog entry has been substantially amended in response to a helpful comment by an anonymous fellow blogger.

Article

Fox Rothschild LLP | USA | 24 Sep 2010

"PHI warnings" in communications -- a potential source of unintended security breach?

Many Covered Entities (CE) and Business Associates (BA) (and now, Subcontractors (SC) as well) are using a variety of approaches to limit exposure to liability and the potentially dire consequences associated with security breaches of Protected Health Information ("PHI").

Article

Fox Rothschild LLP | USA | 27 Jul 2010

Rite Aid settles HIPAA claims for $1 million

In a press release dated July 27, 2010, the Department of Health and Human Services announced a settlment under which Rite Aid Corporation and its affiliates have agreed to pay $1 million to settle potential HIPAA violations.

Article

Fox Rothschild LLP | USA | 9 Jul 2010

A first: Connecticut AG settles with Health Net over breach for $250,000

In the first settlement of a HIPAA enforcement action brought by a state attorney general under the new authority granted by the HITECH Act, Connecticut Attorney General Richard Blumenthal announced that the state had entered into an agreement with Health Net for failing to secure patient health and financial information.

Article

Fox Rothschild LLP | USA | 25 Mar 2010

HIPAA and HIT changes in Patient Protection and Affordable Care Act

Buried in the 906 pages of the healthcare reform bill signed into law on March 22 are a number of changes that will have an impact on health information technology.

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