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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Office for Civil Rights
OCR Continues to Settle HIPAA Right of Access Initiative Cases
The U.S. Department of Health and Human Services’ Office for Civil Rights recently announced more settlements associated with its HIPAA Right of Access Initiative.
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42 States and District of Columbia Enter into $39.5 Million Agreement with Anthem to Settle Breach-Related Claims
On September 30, 2020, Anthem, Inc., entered into an assurance of voluntary compliance with the attorneys general of 42 states and the District of Columbia to resolve claims under state and federal law relating to Anthem’s 2015 data breach of personal information and protected health information, the largest breach of PHI in history.
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OCR Settles with Orthopedic Clinic for $1.5 Million for Alleged HIPAA Noncompliance
On September 21, 2020, the U.S. Department of Health and Human Services Office for Civil Rights announced a $1.5 million settlement with Athens Orthopedic Clinic PA for alleged violations of the HIPAA Privacy and Security Rules.
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OCR Settles Five More Investigations Under HIPAA Right of Access Initiative
On September 15, 2020, the U.S. Department of Health and Human Services’ Office for Civil Rights announced five more settlements under its HIPAA Right of Access Initiative.
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OCR Issues Bulletin on the Sharing and Security of PHI During Coronavirus Pandemic
The Office for Civil Rights at the U.S. Department of Health and Human Services issued a Bulletin on sharing and protecting patients’ protected health information during the COVID-19 national emergency. The Bulletin emphasizes that HIPAA-covered entities may use or disclose patients’ PHI when necessary to treat a patient, to protect the nation’s public health and for other critical purposes.
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District Court Limits HIPAA Right of Access
The District Court for the District of Columbia recently invalidated certain Department of Health and Human Services (“HHS”) rules regarding an individual’s access to their protected health information (“PHI”). The Court held that: (1) individuals can only direct their electronic PHI to third parties (and not hard copy PHI); and (2) the Health Insurance Portability and Accountability Act of 1996 (“HIPAA”) Omnibus Rule provisions regarding the caps on fees that HIPAA-covered entities may charge for such requests did not follow relevant administrative law procedures.
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OCR’s Second Settlement Under HIPAA Right of Access Initiative
On December 12, 2019, the U.S. Department of Health and Human Services’ Office for Civil Rights announced its second enforcement action and settlement under its HIPAA Right of Access Initiative.
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