Articles and Blogs

HIPAA

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

[09/13/19]

Posted on September 13, 2019 in 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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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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Hall Render’s This Week in Washington – June 21, 2019

[06/21/19]

Posted on June 21, 2019 in Federal Advocacy

Published by: Hall Render

Senate Health Committee Releases Sweeping Health Cost Legislation On June 18, the Senate Health, Education, Labor, and Pensions (“HELP”) Committee released bipartisan legislation designed to address the cost of health care bipartisan health cost legislation after collecting extensive stakeholder feedback. The Committee will mark up this legislation next week on June 26. There are... 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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Repeated Breaches of ePHI Result in a $3 Million Fine, Capping Off OCR’s “Record Year” of 2018 Enforcement Actions

[02/19/19]

Posted on February 19, 2019 in Health Information Technology

Published by: Hall Render

The Office for Civil Rights (“OCR”) announced that a health system in California (the “System”) was required to pay a $3 million fine and adopt an extensive corrective action plan to settle potential violations of the Health Insurance Portability and Accountability Act of 1996 (“HIPAA”). The System operates several hospitals, including a rehabilitation hospital... READ MORE

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This Week in Washington – December 14, 2018

[12/14/18]

Posted on December 14, 2018 in Health Law News

Published by: Hall Render

Congress Tackles Multiple Health Provisions This Week The standstill on progress over finalizing the remaining fiscal year 2019 spending bills has given Congress the opportunity to advance some outstanding health care measures. This week, the House of Representatives passed legislation including the ACE Kids Act to allow state Medicaid programs to use a home... READ MORE

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OCR Announces Fine for Lack of BAA and Failure to Terminate Former Employee’s Access to PHI

[12/14/18]

Posted on December 14, 2018 in Health Law News

Published by: Hall Render

On December 11, 2018, the Department of Health and Human Services (“HHS”) Office for Civil Rights (“OCR”) announced that a critical access hospital in Colorado (the “Hospital”) will settle potential violations of the Health Insurance Portability and Accountability Act of 1996 (“HIPAA”) by paying a civil penalty of $111,400 and adopting a corrective action... READ MORE

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Business Associate’s Data Breach Leads to $500,000 Fine for Hospitalist Group

[12/10/18]

Posted on December 10, 2018 in Health Information Technology

Published by: Hall Render

The Department of Health and Human Services (“HHS”) Office for Civil Rights (“OCR”) announced on December 4, 2018 that a hospitalist group (“Group”) that works with hospitals and nursing homes to provide internal medicine physicians has agreed to pay $500,000 and adopt a corrective action plan to settle alleged violations of the Health Insurance... READ MORE

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