By Matt Fisher – On January 6, 2025, the Department of Health and Human Services officially published a notice of proposed rulemaking to modify and update the HIPAA Security Rule. The timing of the proposed rule leaves any sort of immediate action with a lot of uncertainty (changing administrations bring changing priorities and delays).
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By Matt Fisher – 2024 cannot end without a further wrinkle on the HIPAA front. Earlier in the year, the Office for Civil Rights in the Department of Health and Human Services modified the HIPAA Privacy Rule by adding language specific to reproductive health care and reproductive health care services.
By Matt Fisher – The HHS Office for Civil Rights continues to pursue enforcement actions when alleged non-compliance occurs following a right of access request. Not every settlement provides the same degree of insight or ability to follow OCR’s line of thinking though. That is the case stemming from the latest civil monetary penalty announced by OCR.
By Matt Fisher – Recently the OCR announced another settlement stemming from a ransomware attack. The settlement is just the latest one imposed by OCR stemming from a cyberattack. It may feel like rubbing salt in a wound, but the details behind the settlement (at least the minimum ones available) provide a little bit more insight.
By Matt Fisher -The so far long and tangled path for tracking technology and HIPAA in healthcare appears it will end with a whimper. It is being reported that the federal Department of Health and Human Services dropped its appeal of the decision from the United States District Court for the Northern District of Texas…
By Matthew Fisher – The Office for Civil Rights continues to dig into reports about delayed access to records by covered entities. The initial flurry of resolutions from many years ago now has not necessarily resulted in a significant change of behavior, which is frankly a bit surprising.
By Matt Fisher – The state of non-compete provisions across the country remains in a bit of flux. The FTC promulgated a new rule in April 2024 that, if allowed to go into effect, will ban non-compete provisions. Almost as soon as the final rule was announced, challenges to the rule were filed in court.
By Matt Fisher – The pieces to the puzzle that is the use of tracking technology in healthcare continue to accumulate. The most recent piece was a summary judgment decision from the Northern District of Texas stemming from a lawsuit filed by the American Hospital Association along with a couple of hospitals.
By Matt Fisher – One of the newest and hottest entrants on the healthcare privacy front is the Federal Trade Commission. Being aware of the whole regulatory enforcement landscape is just as important as paying attention to compliance in the first place.