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Tag Archives: OCR

Posted in Data Protection & Privacy

New York Regulators Lead the Charge to Fill Health Data Protection Gaps Left by Federal Law

New York AG Settles Data Protection Enforcement Against Mobile Health Apps

After a year-long investigation into mobile health apps claiming to be able to measure vital signs or health indicators through smartphone sensors, the New York Attorney General (NY AG) settled claims against three developers alleged to have engaged in “misleading” marketing claims and “irresponsible” privacy practices. Mobile health apps … Continue Reading

Posted in Data Protection & Privacy Paul Otto

Recap of the OCR/NIST Conference on Safeguarding Health Information

Representatives from government and the private sector discussed the present state of healthcare cybersecurity, and experts discussed practical strategies for implementing the HIPAA Security Rule at the ninth annual “Safeguarding Health Information: Building Assurance through HIPAA Security” conference held from October 19–20, 2016 and co-hosted by the National Institute of Standards and Technology (NIST) and the Department of … Continue Reading

Posted in Data Protection & Privacy

New HHS Guidance Makes Clear HIPAA Applies in the Cloud

Cloud service providers are on notice: you are HIPAA business associates, even if you are unable to access the HIPAA protected information in your cloud. The Department of Health and Human Services (HHS) Office for Civil Rights (OCR) released guidance making clear that cloud service providers (CSPs) that create, receive, maintain, or transmit electronic protected health information (PHI) are covered … Continue Reading

Posted in Data Protection & Privacy

ONC Report Identifies Gaps in Data Protection for Health, Wellness, and Fitness Data

A new report from the Department of Health and Human Services (HHS) Office of the National Coordinator for Health Information Technology (ONC) highlights data protection gaps in the U.S. for health data from wearable devices, social media, and emerging technologies. The report, “Examining Oversight of the Privacy & Security of Health Data Collected by Entities Not Regulated by HIPAAContinue Reading

Posted in Data Protection & Privacy

OCR Emphasizes Security Obligations of Business Associates with Latest Enforcement

The Department of Health and Human Services (HHS) Office for Civil Rights (OCR) is taking an aggressive stand on HIPAA enforcement and targeting violations related to security risk assessments and business associate agreements. Three resolution agreements posted in the last month make clear that the agency expects entities subject to HIPAA to take appropriate steps to secure their data, regardless … Continue Reading

Posted in Data Protection & Privacy

HHS Issues New Guidance on Ransomware and HIPAA

The Department of Health and Human Services (HHS) released guidance on July 11, 2016, intended to help the healthcare industry prepare for and respond to ransomware attacks. Specifically, this guidance clarifies: (1) that a ransomware attack is considered a “security incident” under HIPAA, and (2) that a ransomware attack will typically be considered a “breach” by HHS unless entities are … Continue Reading

Posted in Data Protection & Privacy

Hogan Lovells Brings Together Industry and Government Leaders for Second Annual Health Privacy Law Forum

Hogan Lovells hosted the second annual Health Privacy Law Forum (HPLF) for health privacy professionals. Participants spoke with Deven McGraw, Deputy Director of Health Information Privacy at the U.S. Department of Health and Human Services (HHS) Office for Civil Rights (OCR), and former Federal Trade Commissioner (FTC) Julie Brill, now a partner at Hogan Lovells and co-chair of its Privacy Continue Reading

Posted in Data Protection & Privacy

OCR Highlights Priorities as it Steps Up HIPAA Enforcement

Last week, the Department of Health and Human Services (HHS) Office for Civil Rights (OCR) launched the long-awaited Phase 2 HIPAA Audit Program. Earlier this month, the agency posted two resolution agreements that continue the trend toward big dollar settlement amounts and a focus on security risk assessments and business associate agreements. With Phase 2 HIPAA Audits underway and more … Continue Reading

Posted in Data Protection & Privacy

OCR Releases mHealth Guidance for App Developers

Following the launch of its mHealth Developer Portal last October, the HHS Office for Civil Rights (OCR) has released guidance clarifying how HIPAA applies to mobile health apps. Ensuring that developers understand their legal obligations is critical to protecting consumer privacy and security, especially now that there are more than 165,000 health apps available in the iTunes and Android app … Continue Reading

Posted in Data Protection & Privacy Paul Otto

Help for mHealth: U.S. Department of Health launches HIPAA Discussion Portal

The HHS Office for Civil Rights (OCR) has launched an online portal designed to solicit questions from mHealth developers regarding compliance with Health Insurance Portability and Accountability Act (HIPAA) privacy and security requirements. The portal is designed to demystify HIPAA for app developers while providing guidance to regulators about which aspects of HIPAA may require clarification.

OCR emphasized that the … Continue Reading

Posted in Data Protection & Privacy Paul Otto

Recap of the OCR/NIST Conference on Safeguarding Health Information

Government officials and experts from the private sector discussed enabling precision medicine and efforts to bolster patients’ rights to access medical records, and also emphasized the importance of controlling access to protected health information (PHI) at the eighth annual “Safeguarding Health Information: Building Assurance Through HIPAA Security” conference held from September 2–3, 2015, and co-hosted by the National Institute of … Continue Reading