Last May, around the time many schools let out for the summer, the Office for Civil Rights (“OCR”) published guidance entitled “Direct Liability of Business Associates” (the “Guidance”), which focuses, not surprisingly, on OCR’s ability to take enforcement action directly against HIPAA business associates. I meant to write about this guidance before Memorial
UK Data Protection Authority Advises Doctors on Patient Requests for Access to Health Information
Data subject access rights and your medical practice: The UK Information Commissioner’s Office (ICO) issues advice.
Medical practices have reported a significant rise in subject access requests (SARs) since the GDPR came into effect in May last year, which is a similar trend in other sectors. Here are some points of advice from the ICO:
The Cost for a Copy of Medical Records? It May Depend Who’s Asking
The Report to Congressional Committees of the U.S. Government Accountability Office (“GAO Report”), required under the 21st Century Cures Act, came out about a month earlier than required, but this early bird failed to catch what continues to be a wriggling worm – what can a covered entity charge for these copies?
Involuntary Commitment Laws and Privacy Restrictions
In a recent New York Times op-ed piece entitled “How a Bad Law and a Big Mistake Drove My Mentally Ill Son Away,” the father of a young man involuntarily hospitalized under Florida’s Baker Act decries “privacy laws” for limiting his access to information about his son’s whereabouts and care. If this account
New HIPAA Guidance on Disclosure of PHI Related to Opioid Abuse and Mental Health
In our most recent post, the Top 5 Common HIPAA Mistakes to Avoid in 2018, we noted that the U.S. Department of Health and Human Services, Office for Civil Rights (OCR) has recently published guidance on disclosing protected health information (PHI) related to overdose victims. OCR published this and other guidance within the last
Top 5 Common HIPAA Mistakes to Avoid in 2018
Heading into its 22nd year, HIPAA continues to be misunderstood and misapplied by many, including health care industry professionals who strive for (or at least claim the mantle of) HIPAA compliance. Here is my “top 5” list of the most frequent, and most frustrating, HIPAA misperceptions seen during 2017:
- “If I’m using or disclosing
“I Want My PHI”, Part 2 – OCR Audits Will Focus on Individual Access Rights
We blogged on this back in early May, but compliance with individuals’ rights to access their PHI under HIPAA is even more critical now that OCR has announced that its current HIPAA audits will focus on an audited Covered Entity’s documentation and process related to these access rights.
In an email sent to listserv participants
Reflections on HIPAA Protections and Permissions in the Wake of the Orlando Tragedy
My heart goes out to any family member trying desperately to get news about a loved one in the hours and days following an individual or widespread tragedy, irrespective of whether it was triggered by an act of nature, an act of terrorism, or any other violent, unanticipated, life-taking event. My mind, though, struggles with
I Want My PHI! HIPAA Access Rights, Authorizations and HHS Guidance
Daily struggles to protect personal data from hacking, phishing, theft and loss make it easy to forget that HIPAA is not just about privacy and security. It also requires covered entities (CEs) to make an individual’s protected health information (PHI) accessible to the individual in all but a few, very limited circumstances. Recent guidance published