Articles and Blogs

Health Information Technology

Do-It-Yourself Legal Review Part 2: A Guide for Helping Businesses Evaluate Software Terms

[01/10/20]

Posted on January 10, 2020 in Health Information Technology

Published by: Hall Render

In part 1 of this series about negotiating procurement deals, we talked about the parties to the agreement and how that easily overlooked issue can cause problems such as unlicensed use of the software being acquired. Other basic issues can cause deals to go sideways. This post addresses the first issues that an organization’s... READ MORE

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Failure to Encrypt Laptop and Failure to Comply with Technical Assistance from OCR Leads to $65,000 Settlement

[01/07/20]

Posted on January 7, 2020 in Health Information Technology

Published by: Hall Render

On December 30, 2019, the Department of Health and Human Services (“HHS”) Office for Civil Rights (“OCR”) announced a resolution agreement with an ambulance company (“Company”) covered entity that provides both emergency and nonemergency transportation services. The Company employs only 64 workers. The Company will pay $65,000 and enter into a Corrective Action Plan (“CAP”)... READ MORE

Second $85,000 Penalty Issued Under OCR’s Right of Access Initiative

[12/13/19]

Posted on December 13, 2019 in Health Information Technology

Published by: Hall Render

On December 12, 2019, the Department of Health and Human Services (“HHS”) Office for Civil Rights (“OCR”) announced the second settlement under its “Right of Access Initiative.” A health care company that provides primary care and interventional pain management services (“Provider”) will pay $85,000 and enter into a Corrective Action Plan (“CAP”) to settle potential... READ MORE

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Failure to Properly Assess Breach Risk Results in $2.175 Million Fine to Affiliated Covered Entity

[12/03/19]

Posted on December 3, 2019 in Health Information Technology

Published by: Hall Render

On November 27, 2019, the Department of Health and Human Services (“HHS”) Office for Civil Rights (“OCR”) announced that an Affiliated Covered Entity made up of 10 hospital covered entities (“ACE Organization”) will pay a penalty of $2.175 million and enter into a two-year Corrective Action Plan (“CAP”) to settle potential violations of the Health... READ MORE

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Failure to Encrypt Hardware Results in $3 Million Fine

[11/07/19]

Posted on November 7, 2019 in Health Information Technology

Published by: Hall Render

On November 5, 2019, the Department of Health and Human Services (“HHS”) Office for Civil Rights (“OCR”) announced that a New York Medical Center (“Medical Center”) will settle potential violations of the Health Insurance Portability and Accountability Act of 1996 (“HIPAA”) by paying a civil penalty of $3 million and entering into a Corrective Action... READ MORE

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Deficient Risk Analyses, Stolen Records and Disclosure of NFL Player’s PHI Leads to $2.15 Million Penalty

[10/25/19]

Posted on October 25, 2019 in Health Information Technology

Published by: Hall Render

On October 23, 2019, the Department of Health and Human Services (“HHS”) Office for Civil Rights (“OCR”) announced a civil monetary penalty (“CMP”) of $2,154,000 against a nonprofit academic health system (“Health System”) for violations of the Health Insurance Portability and Accountability Act of 1996 (“HIPAA”). The Notice of Proposed Determination and the Notice of... READ MORE

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EHR Donations and Cybersecurity Technology Exception Included in New Proposed Rules from OIG, CMS

[10/10/19]

Posted on October 10, 2019 in Health Information Technology

Published by: Hall Render

On October 9, 2019, both the Health and Human Services Office of Inspector General (“OIG”) and Centers for Medicare & Medicaid Services (“CMS”) issued proposed rules pertaining to the Anti-Kickback Statute safe harbor and Civil Monetary Penalties Law exception for EHR Donations (“EHR Donation Rules”), as well as a new safe harbor and exception... READ MORE

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Violations of Patient Privacy on Social Media Will Result in HIPAA Fines

[10/04/19]

Posted on October 4, 2019 in Health Information Technology

Published by: Hall Render

On October 2, 2019, the Department of Health and Human Services (“HHS”) Office for Civil Rights (“OCR”) announced that a Texas dental practice (“Practice”) will settle potential violations of the Health Insurance Portability and Accountability Act of 1996 (“HIPAA”) by paying a civil penalty of $10,000 and adopting a corrective action plan. A patient of... READ MORE

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BEWARE: Charging Improper Fees for Patient Access to Records Can Cost Providers Big

[09/13/19]

Posted on September 13, 2019 in Health Information Technology, Health Law News

Published by: Hall Render

Recently, there has been increased indication that patients, attorneys and the government are fed up with the fees that are being charged by providers when patients request access to or copies of their medical records. Providers who do not understand the type of request being made and the applicable fee rules that apply under... READ MORE

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