On September 15, 2023, the Federal Trade Commission and the Department of Health and Human Services published an updated version of the two agencies’ joint publication, entitled “Collecting, Using, or Sharing Consumer Health Information? Look to HIPAA, the FTC Act, and the Health Breach Notification Rule.”
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Department of Health and Human Services
ONC and HHS OCR Release Updated HIPAA Security Risk Assessment Tool
On September 13, 2023, the National Coordinator for Health Information Technology and the Office for Civil Rights at the U.S. Department of Health and Human Services released version 3.4 of the Security Risk Assessment Tool under the Health Insurance Portability and Accountability Act Security Rule.
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HHS Issues NPRM to Strengthen Protections under HIPAA for Reproductive Privacy
On April 12, 2023, the U.S. Department of Health and Human Services issued a Notice of Proposed Rulemaking to modify protections under the Health Insurance Portability and Accountability Act of 1996 to strengthen reproductive health care privacy.
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HHS Releases Bulletin on Use of Online Tracking Technologies by HIPAA Covered Entities and Business Associates
On December 1, 2022, the Office for Civil Rights at the U.S. Department of Health and Human Services released a Bulletin on the obligations of HIPAA covered entities and business associates under the HIPAA Privacy, Security, and Breach Notification Rules when using online tracking technologies. …
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OCR Announces $300,000 Settlement Related to Improper Disposal of Physical PHI
On August 23, 2022, the U.S. Department of Health & Human Services, Office for Civil Rights announced that it had settled a case involving the disposal of physical protected health information. …
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President Biden Issues Executive Order Protecting Privacy of Reproductive Health Data
On July 8, 2022, President Biden issued an Executive Order titled, “Protecting Access to Reproductive Health Care Services,” in response to the overturning of Roe v. Wade. …
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HHS Issues Post-Dobbs Guidance to Protect Patient Privacy
On June 29, 2022, the U.S. Department of Health and Human Services issued two guidance documents to “help protect patients seeking reproductive health care, as well as their providers” following the Supreme Court’s decision in Dobbs vs. Jackson Women’s Health Organization. …
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HHS Releases Guidance on Audio-Only Telehealth Practices
Earlier this month, the U.S. Department of Health and Human Services Office for Civil Rights released guidance to help covered entities understand how they can use remote communication technologies for audio-only telehealth in compliance with the HIPAA Privacy and Security Rules. Specifically, the Guidance clarifies how audio-only telehealth can be conducted after OCR’s Notification of Enforcement Discretion for Telehealth, put in place during the COVID-19 pandemic, is no longer in effect.
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OCR Guidance Regarding HIPAA’s Applicability to COVID-19 Vaccination Information
On September 30, 2021, the U.S. Department of Health and Human Services’ Office for Civil Rights issued guidance regarding when the HIPAA Privacy Rule applies to disclosures and requests for information about a person’s COVID-19 vaccination status. The guidance addresses common workplace scenarios and answers questions about whether and how the HIPAA Privacy Rule applies.
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HHS Reaches Settlement with Clinical Laboratory for Alleged Violations of HIPAA Security Rule
On May 25, 2021, the Office for Civil Rights of the U.S. Department of Health and Human Services announced that it had reached a settlement with a clinical laboratory for violations of the HIPAA Security Rule. As part of this settlement, the company agreed to pay OCR $25,000 and to implement a robust corrective action plan. …
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