Archive for category: HIPAA

HIPAA, Business Associates, and the Conduit Exception

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By Kim Stanger

The HIPAA privacy and security rules impose significant requirements on covered entities and their business associates; violations may result in penalties ranging from $119 to $59,522 per violation. (45 CFR § 160.404; 45 CFR § 102.3; 85 FR 2879). “Business associates” are generally those entities that create, receive, maintain or transmit protected health information (“PHI”) on behalf of a covered entity (45 § CFR 160.103, definition of business associate); thus, most entities that handle data for healthcare providers or their business associates will become business associates and subject to HIPAA requirements, including data storage, data transmission, and cloud services providers unless an exception applies. Read more

HIPAA, Patient Access, and Designated Record Sets

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By Kim Stanger

With limited exceptions,1 HIPAA generally gives individuals the right to access or obtain copies of their protected health information (“PHI”) from covered entities. (45 CFR § 164.524(a)). But the right of access does not apply to all PHI that a covered entity might have; instead, individuals only have a right to access information in their “designated record set”. This article summarizes relevant standards for determining which records patients have a right to access. Read more

HHS Proposes Modifications to the HIPAA Privacy Rule

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On December 10, the U.S. Department of Health and Human Services (HHS) announced proposed changes to the Health Insurance Portability and Accountability Act (HIPAA) Privacy Rule to support individuals’ engagement in their care, remove barriers to coordinated care, and reduce regulatory burdens on the healthcare industry. The Holland & Hart Healthcare Group shares this important update from HHS for your information:

Read the HHS Update.

We will continue to monitor this news and will provide more in-depth insights on the impacts of the proposed modifications.

HIPAA Enforcement: Lessons from the OCR’s Recent Settlements

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By Kim Stanger

The OCR has announced a surprising number of HIPAA settlements in the past few months with penalties ranging from $10,000 to $6.5 million. Here are some of the key takeaways for healthcare providers:

1. Protect against cyberattacks. Healthcare entities remain a prime target for healthcare entities with disastrous effects for victims, including providers and patients whose information is compromised or destroyed. The HIPAA security rule is intended to ensure that healthcare entities maintain the integrity, availability and confidentiality of electronic protected heath information; successful cyberattacks often expose security rule violations. Premera Blue Cross agreed to pay $6.85 million after a phishing scam deployed malware that affected the information of 10.4 million persons. Another entity agreed to pay $2.3 million after a hacker accessed records of 6.1 million persons. Per the OCR, “The health care industry is a known target for hackers and cyberthieves. The failure to implement the security protections required by HIPAA Rules …. is inexcusable.” https://www.hhs.gov/about/news/2020/09/23/hipaa-business-associate-pays-2.3-million-settle-breach.html. Cybersecurity is a major focus for HHS. In December 2018, the federal government published a guide to help healthcare providers of all sizes protect against cyberthreats, Health Industry Cybersecurity Practices: Managing Threats and Protecting Patients, available at https://www.phe.gov/Preparedness/planning/405d/Pages/hic-practices.aspx. In July 2020, HHS launched its Health Sector Cybersecurity Coordination Center (“HC3”) website, https://www.hhs.gov/about/agencies/asa/ocio/hc3/index.html, to offer additional support for healthcare providers. Cybersecurity is vital not only for regulatory compliance; it is essential to protect patients and ensure continued operation of the provider. Read more

HIPAA Tips: Information for Covered Entities and Employers

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By Kristy M. Kimball and Lisa Carlson

What’s the Issue?

Covered entities, such as hospitals and other healthcare providers, may be asked by unrelated third-parties for information relating to a patient’s diagnosis or presumed diagnosis of COVID-19.

The information below outlines how the Health Insurance Portability & Accountability Act (“HIPAA”) applies to health information obtained or maintained by those subject to HIPAA (e.g., covered entities or business associates of covered entities), but does not cover state-specific privacy laws or employment-specific confidentiality laws. For example, the ADA, FMLA, and workers compensation laws all have confidentiality aspects that will impact employers. Read more