Last week, the Office for Civil Rights (OCR) reminded us of the importance of the basics when it comes to protecting patient information. On August 23rd, it announced a HIPAA enforcement action involving tangible protected health information (PHI) that a practice tossed out with the rest of the trash. For over a decade, PHI in […]
Category Archives: HIPAA
Healthcare providers carry a heavy load and it just got heavier. In the wake of the reversal of Roe v. Wade and the prohibition and criminalization of abortion in some states, healthcare providers are now burdened with being more vigilant than ever in defending patients’ privacy rights. This is true in all states, even where […]
If you asked me Friday morning of last week to give you my impression of HIPAA enforcement so far in 2022, I would have said “slow.” Up to that point, OCR had announced only four enforcement actions and all on the same day in March (see Three Dentists and a Psychiatrist Walk into a Bar: […]
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 […]
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. […]
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.