Articles and Blogs

Health Information Technology

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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Failure to Provide Timely Access to Records Results in $85,000 Fine

[09/10/19]

Posted on September 10, 2019 in Health Information Technology

Published by: Hall Render

Citing its “Right of Access Initiative,” on September 9, 2019, the Department of Health and Human Services (“HHS”) Office for Civil Rights (“OCR”) announced that a hospital in Florida (the “Hospital”) will settle potential violations of the Health Insurance Portability and Accountability Act of 1996 (“HIPAA”) by paying a civil penalty of $85,000 and adopting a corrective... READ MORE

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Substance Use Disorder Providers Should Note SAMHSA Proposed Changes to 42 CFR Part 2

[08/30/19]

Posted on August 30, 2019 in Health Information Technology

Published by: Hall Render

On August 26, 2019, the Substance Abuse and Mental Health Services Administration (“SAMHSA”) issued two Notices of Proposed Rulemaking (“NPRM”) proposing changes to the Confidentiality of Substance Use Disorder Patient Records at Title 42 of the Code of Federal Regulations, Part 2 (“Part 2”). Part 2 is a federal privacy law that protects substance... READ MORE

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FCC Proceeds with $100 Million Telehealth Initiative, Seeks Comments on Proposed Program Rules

[08/06/19]

Posted on August 6, 2019 in Health Information Technology

Published by: Hall Render

On July 10, 2019, the Federal Communications Commission (“FCC”) voted unanimously to move forward with its new $100 million telehealth initiative, which seeks to bring telehealth services to low-income Americans, veterans and medically underserved communities. In its Notice of Proposed Rulemaking, the FCC detailed its proposed telehealth initiative rules and anticipated program requirements. As currently... READ MORE

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AMCA Breach of PHI and PII

[06/07/19]

Posted on June 7, 2019 in Health Information Technology

Published by: Hall Render

American Medical Collection Agency (“AMCA”), a collection agency that works primarily with health care companies, recently announced a breach of protected health information (“PHI”) and personally identifiable information (“PII”) affecting over 19.6 million patients. Quest Diagnostics and LabCorp, both clients of AMCA, have reported that their patients have been impacted by the incident. AMCA... READ MORE

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Ten Types of Enforcement Actions OCR May Take Directly Against Business Associates

[06/04/19]

Posted on June 4, 2019 in Health Information Technology

Published by: Hall Render

The Office for Civil Rights (“OCR”) issued a factsheet detailing ten ways a business associate can be held directly liable for violations of the Health Insurance Portability and Accountability Act of 1996 (“HIPAA”), as provided by the Health Information Technology for Economic Clinical Health (“HITECH”) Act of 2009. Although covered entities are ultimately responsible... READ MORE

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Consider Website and Other Technology Accessibility Obligations to Better Serve Your Community and Avoid Litigation and Loss of Federal Funding

[03/01/19]

Posted on March 1, 2019 in Health Information Technology

Published by: Hall Render

Health care providers are increasingly relying on technology to market, communicate with and otherwise provide services to their community, such as information about services provided on the website, patient portals, check-in kiosks and mobile applications. In using technology to communicate with patients and the larger community, it is important to remember the importance of... READ MORE

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