Today, the Department of Health and Human Services’ Office for Civil Rights (OCR) issued guidance on HIPAA requirements as they relate to audio-only telehealth. Importantly, for the first time, OCR provides insights on its position on the difference between landline and VoIP telecommunication services. OCR’s guidance applies now and after its telehealth enforcement discretion is […]
Operational challenges abound in the healthcare industry. This creates opportunities for technology companies, consultants and others to offer supportive services and innovative solutions. Many of those supporting organizations will qualify as business associates under the Health Insurance Portability and Accountability Act (HIPAA). In this post, we explore what it means to be a business associate, […]
Healthcare providers regularly receive subpoenas for medical records. All too often, providers simply turn over the subpoenaed records without ensuring that the disclosure is permitted by law. A recent Connecticut appeals court decision, Byrne v. Avery Center for Obstetrics and Gynecology, P.C., upheld a jury award of $853,000 for a healthcare provider’s improper medical record […]
Every couple of months, DMC Law invites healthcare professionals who regularly grapple with privacy issues to gather (remotely) and discuss those issues. The HIPAA Helpline is not a webinar. It’s an interactive session. DMC Law’s lawyers, Dena Castricone and Tracy Guarnieri, review legal requirements while participants share stories, questions and best practices. The goal of […]
After failed attempts in years past, on April 28, 2022, Connecticut became the fifth state to pass a consumer data privacy bill. It is headed to the Governor’s desk for signature, and he is expected to sign. Entitled “An Act Concerning Personal Data Privacy and Online Monitoring,” it enjoyed bipartisan support passing unanimously in the […]
Three dentists and a psychiatrist walk into a bar . . . and they each walk out with a five-figure tab for HIPAA compliance failures. It’s not funny, but the five-figure payment part is true and there’s a lot to be learned from their mistakes. The Department of Health and Human Services’ Office for Civil […]
DMC Law is launching Privacy Pointers, which features short and informative videos on various privacy topics. We begin Privacy Pointers with a series of videos on HIPAA’s Right of Access. There are six videos in this series that explore important aspects of the Right of Access. Each video is no more than 5 minutes in length. […]
This article appeared in the March/April 2022 volume of CT Lawyer Magazine As an attorney who has spent most of my career practicing in privacy and healthcare, I had never considered the possibility of that I may one day serve on the Citizen’s Ethics Advisory Board (CEAB). The CEAB has nine members appointed by the […]
A federal district court in Texas issued an opinion on February 23, 2022 (Decision) in which it concluded that the involved governmental agencies made some significant missteps in promulgating regulations under the No Surprises Act (NSA). The NSA took effect on January 1, 2022 and establishes federal protections against surprise medical bills. The law and […]
Here it is! My annual summary of HIPAA enforcement action resolutions. I know you all have been eagerly awaiting its arrival. No plot twists or surprises this year – the enforcement themes are much the same as those in 2020. As I explain below, Right of Access was again the star.