The Office for Civil Rights (OCR) is requesting public input on reforms to Health Insurance Portability and Accountability Act (HIPAA) privacy and security rules to promote care coordination and the health system’s transformation to value-based health care while protecting the privacy and security of individuals’ protected health information (PHI). Specifically, in a request for information
HIPAA
Trump Administration Shelves Additional Obama Medicare/Health Plan Proposals
The Trump Administration has formally withdrawn a number of pending Department of Health and Human Services (HHS) proposals that never reached the final rule stage. This includes: a controversial Part Medicare B drug payment innovation model; a proposal to protect same sex marriages in certain Medicare and Medicaid facilities (predating a related Supreme Court decision); a proposal to impose more stringent Medicare requirements related to the provision of orthotics and prosthetics; and a proposed rule regarding certification of compliance for health plans. Each of the rules is withdrawn as of October 4, 2017. Specifically:
Continue Reading Trump Administration Shelves Additional Obama Medicare/Health Plan Proposals
OCR Plans to More Widely Investigate HIPAA Breaches Affecting Fewer than 500 Individuals
This month the HHS Office for Civil Rights (OCR) has launched an initiative “to more widely investigate the root causes” of HIPAA breaches affecting fewer than 500 individuals, according to an August 18, 2016 OCR email announcement. While Regional Offices will retain discretion to prioritize investigation of smaller breaches, each office is directed to “increase…
Reexamining HIPAA’s Applicability During Emergencies After the Tragedy in Orlando
Immediately following Sunday’s tragic shooting at a nightclub in Orlando, friends and family frantically gathered at Orlando Regional Medical Center, attempting to get information about their loved ones. However, hospital officials hesitated to provide specific updates. Why? Because the Health Insurance Portability and Accountability Act (HIPAA) and implementing regulations restrict the patient-identifiable health information that “covered entities,” like Orlando Regional Medical Center, are permitted to disclose without proper patient authorization or consent.
Shortly following the massacre, Orlando local news outlets reported that after Orlando Regional’s CEO expressed concern regarding families requesting detailed patient health information at the hospital’s emergency room, Orlando Mayor Buddy Dyer contacted the White House and requested a waiver of the HIPAA regulations. While the HIPAA Privacy Rule is not automatically suspended during a national or public health emergency, the Secretary of the Department of Health and Human Services (HHS) may waive certain provisions of HIPAA under the Project Bioshield Act of 2004 (PL 108-276) and section 1135(b)(7) of the Social Security Act. In order to take advantage of the waiver, the President must declare an emergency or disaster and the Secretary of HHS must declare a public health emergency.Continue Reading Reexamining HIPAA’s Applicability During Emergencies After the Tragedy in Orlando
HHS Finalizes HIPAA Amendments to Allow Reporting of Certain Mental Health Information to the National Instant Criminal Background Check System
On January 6, 2016, HHS published a final rule to modify the HIPAA Privacy Rule to expressly permit certain HIPAA covered entities to disclose to the National Instant Criminal Background Check System (NICS) the identities of individuals who are subject to a federal “mental health prohibitor” that disqualifies them from shipping, transporting, possessing, or receiving…
OIG Calls for Stronger HIPAA Compliance Efforts
The OIG has issued two reports calling for stronger ONC oversight of covered entity compliance with HIPAA standards. In the first report, “OCR Should Strengthen Its Oversight of Covered Entities’ Compliance with the HIPAA Privacy Standards,” the OIG observes that OCR’s Privacy Rule compliance oversight is primarily reactive based on complaints since it…
HHS Solicits Comments on Use of Health Plan Identifier in E-Health Transactions
Today HHS published a request for public comments regarding the health plan identifier (HPID), including the requirements regarding health plan enumeration, and the requirement to use the HPID in electronic health care transactions. Specifically, HHS is seeking information regarding the following:
- The HPID enumeration structure outlined in the September 5, 2012 HPID final rule,
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ONC Updated Electronic Health Information Privacy/Security Guidance
The Office of the National Coordinator for Health Information Technology (ONC) has released a revised Guide to Privacy and Security of Electronic Health Information. The guide is intended to help health care providers – especially those from smaller organizations – address federal health information privacy and security requirements in their practices. The new version…
OCR Releases Ebola Bulletin
The recent Ebola outbreak has prompted the HHS Office for Civil Rights (OCR) to release a new bulletin for covered entities and business associates regarding their privacy obligations under HIPAA in emergency situations. The bulletin, “HIPAA Privacy In Emergency Situations,” provides an overview of the limited ways in which covered entities and business…
CMS Delaying Enforcement of HIPAA Health Plan Enumeration/Health Plan Identifier Regulations
CMS has announced that it is delaying until further notice enforcement of its regulations pertaining to health plan enumeration and use of the Health Plan Identifier (HPID) in HIPAA transactions, which were adopted in a September 5, 2012 final rule. This enforcement delay, which is effective October 31, 2014, applies to all HIPAA covered…
HHS Guidance HIPAA Privacy Rule and Same-sex Marriage
The HHS Office of Civil Rights (OCR) has released guidance on “HIPAA and Same-sex Marriage: Understanding Spouse, Family Member, and Marriage in the Privacy Rule.” The guidance stems from a Supreme Court decision in United States v. Windsor striking down Section 3 of the Defense of Marriage Act (DOMA), which had provided that…
Stolen Unencrypted Laptops Results in HIPAA Settlements for Two Health Companies
Two more health care companies have settled potential violations of the HIPAA Privacy and Security Rules arising from the theft of unencrypted laptops by paying a total of almost $2 million and agreeing to continued oversight by the HHS Office for Civil Rights (OCR). In both instances, the breaches were self-reported and the settlements resulted…
CMS Posts Final HIPAA Administrative Simplification Transaction Testing Checklists
CMS has released additional tools to help health plans, vendors, and providers prepare to demonstrate that they are compliant with Administrative Simplification Transaction Testing standards and operating rules and that they have completed end-to-end testing with their trading partners. Specifically, CMS has released payer, large provider, small provider, vendor-to-provider, and vendor-to-payer checklists to assist these…
Final HIPAA Rule Gives Patients Right to Access Test Results Directly from Labs
On February 6, 2014, the Department of Health & Human Services (HHS) published a final rule making changes to the Clinical Laboratory Improvement Amendments of 1988 (CLIA) and Health Insurance Portability and Accountability Act of 1996 (HIPAA) regulations to provide individuals with a greater ability to directly access their laboratory test reports. The rule…
OIG Concludes OCR Slow to Enforce HIPAA Security Rule and Comply with Cybersecurity Requirements
The OIG has concluded that the HHS Office for Civil Rights (OCR) is not adequately overseeing and enforcing the HIPAA Security Rule. In short, the OIG found that OCR failed to provide for periodic audits, as mandated by HITECH, to ensure that covered entities were in compliance with the Security Rule, and instead continued to…
HHS Proposes HIPAA Amendments Addressing Gun Background Checks
On January 7, 2014, HHS published a proposed rule that would modify the HIPAA Privacy Rule to expressly permit certain HIPAA covered entities to disclose to the FBI’s National Instant Criminal Background Check System (NICS) the identities of individuals who are prohibited under federal law from shipping, transporting, possessing, or receiving a firearm for reasons…
HHS Proposed Rule on Health Plan Certification of Compliance Requirements
On January 2, 2014, HHS published a proposed rule to promote more consistent testing processes for “controlling health plans” (CHP) to enable these entities to better achieve and demonstrate compliance with HIPAA standards and operating rules. Specifically, the rule would require a CHP to submit documentation demonstrating compliance with HIPAA standards and operating rules for…
HHS OCR Releases HIPAA Privacy Rule Guidance Documents
As reported on our sister blog, http://www.lifescienceslegalupdate.com/, the HHS Office for Civil Rights (OCR) has made a number of recent announcements regarding HIPAA Privacy Rule implementation. First, OCR has issued guidance on how the changes to the HIPAA Privacy Rule’s marketing provisions under the Health Information Technology for Economic and Clinical Health (HITECH) Act…
Hard Drives on Used Photocopiers Result in HIPAA Violations and $1.2M Settlement to the OCR
As covered on Reed Smith’s Life Sciences Legal Update blog, Affinity Health Plan, Inc. (Affinity) recently reached a $1.2 million settlement with the HHS Office for Civil Rights related to potential violations of the Health Information Portability and Accountability Act of 1996 (HIPAA). Affinity self-reported a breach after learning from a CBS Evening News investigative…
HHS Considering HIPAA Privacy Rule Amendments to Allow Reporting of Mental Health Data to National Instant Criminal Background Check System
HHS is soliciting comments on whether to amend the HIPAA Privacy Rule to expressly permit covered entities holding information about the identities of individuals who are disqualified from possessing or receiving firearms on mental health grounds to disclose limited information to the National Instant Criminal Background Check System. Comments on the rule will be accepted…