Health Law Gurus

Health Law Gurus

Health Law: News,
Commentary & Insights

Tag Archives: HIPAA

Time is of the Essence When Reporting a Breach of PHI

Posted in Business Associates, Covered Entities, HIPAA, Privacy, Security
The failure to timely report a breach of unsecured protected health information (PHI) has cost Presence Health (one of the largest health systems in Illinois) almost half of a million dollars. Earlier this month, Presence Health agreed to pay $475,000 and enter into a corrective action plan (CAP) with the Office for Civil Rights (OCR)… Continue Reading

20 Years of HIPAA – Where We’ve Been and Where We’re Going

Posted in Guest Contributor, HIPAA, Privacy, Security
On August 21, 1996, the Health Insurance Portability and Accountability Act of 1996 (HIPAA) was signed into law by President Bill Clinton. The original purpose of the Act, which amended the Internal Revenue Code of 1986, was to improve the portability and continuity of health insurance coverage, combat waste, fraud, and abuse, promote the use… Continue Reading

Record-Breaking HIPAA Settlement Sends Strong Message to Covered Entities

Posted in Covered Entities, HIPAA, Privacy, Security
This month marked the largest HIPAA settlement to-date for a single entity. Advocate Health Care Network (“Advocate”) agreed to pay $5.5 million and adopt a corrective action plan after an investigation by the Department of Health and Human Services’ Office for Civil Rights (“OCR”) revealed that Advocate’s widespread noncompliance with the requirements of HIPAA affected… Continue Reading

HIPAA Compliance Is a Health Care Entity’s Secret Weapon in Preventing and Combating Ransomware Attacks

Posted in Business Associates, Covered Entities, Cybersecurity, HIPAA, Privacy, Security
One of the fastest growing areas of cybercrime is ransomware. Ransomware is a type of malicious software that encrypts data and makes it inaccessible to authorized users. The hackers who orchestrate ransomware attacks demand that authorized users pay a ransom in order to obtain the key to decrypt their data. Payment is generally required to… Continue Reading

Protected Health Information: Providers Must Proceed with Caution

Posted in HIPAA, Medical Records, Mental Health Procedures Act, Pennsylvania, Privacy, Security
Medical records are a powerful weapon in the courtroom. They may reveal the extent of an individual’s injury in a personal injury case or substantiate the severity of an individual’s mental illness when that mental illness is being used as a defense. However, while using medical records in litigation can be a dream come true… Continue Reading

Breach of ePHI Results in $2.7 Million Fine

Posted in Business Associates, Covered Entities, HIPAA, Security
Oregon Health & Science University (“OHSU”) has paid $2.7 million to the U.S. Department of Health and Human Services, Office for Civil Rights (“OCR”) to settle allegations that it violated the Health Insurance Portability and Accountability Act of 1996 (“HIPAA”). OHSU must also comply with a three-year corrective action plan. OCR began an investigation of… Continue Reading

Spring Showers Bring HIPAA Breaches

Posted in Business Associates, Covered Entities, HIPAA, Privacy, Security
OCR has announced several recent settlement agreements to resolve violations of the Health Insurance Portability and Accountability Act (“HIPAA”). These settlement amounts range from $25,000 to $3.9 million dollars and illustrate a range of mistakes that health care providers make with respect to their HIPAA compliance. This post briefly summarizes OCR’s findings with respect to… Continue Reading