Category archive: HIPAA

HIPAA Update – Reminder for your Clients – 2016 HIPAA Breach Reporting Deadline is 3/1/17

As a helpful reminder, clients need to be aware that the March 1, 2017 deadline for reporting 2016 HIPAA breaches is fast approaching. March 1, 2017 is the Deadline for Reporting 2016 HIPAA Breaches Affecting Fewer than 500 Individuals by Covered Entities to the OCR. Click here for a link to the OCR portal to…

HIPAA Update – Newest Settlement of $475,000 Results From Untimely Breach Report

Don’t let your clients get caught paying a “big” settlement for failing to report a HIPAA breach! For the first time, the Office of Civil Rights (OCR) has announced a HIPAA settlement with a provider who failed to provide a timely breach report. Presence Health, a health network serving Illinois with approximately 150 locations, including…

HIPAA Update – Advocate Health Care, a Single entity, settles HIPAA Penalties for $5.55 Million

Advocate Health Care Network, the largest fully-integrated health care system in Illinois, agreed to the largest HIPAA Settlement to be paid by a single entity for potential penalties in the amount of $5.55M. The alleged long term non-compliance resulting in this settlement included four failures to comply with HIPAA including: failure to adequately conduct risk…

Elder Fraud in Health Care Targeted by the DOJ

The U.S. Department of Justice (“DOJ”), in trying to initiate quicker enforcement actions and prosecutions, has created several Elder Justice Task Forces to target health care providers who commit crimes in the service of the elderly. The Task Forces are comprised of representatives from federal, state and local law enforcement, the U.S. Department of Health…

Protect Mental Health Records as Required by Law

It is well known that health care providers have a duty to comply with HIPAA when providing medical records upon request. Don’t forget health care providers in Illinois also have a duty to comply with the Mental Health Developmental Disabilities Confidentiality Act. 740 ILCS 110/1. In Stuckey v. Renaissance at Midway, 2015  IL App (1st)…

Another HIPAA Settlement – $1.55 Million Following Unencrypted Laptop Theft

$1.55 Million Settlement focuses on HIPAA requiring Business Associate Agreements North Memorial Health Care of Minnesota entered a settlement to pay $1.55 Million resulting from allegations that it violated HIPAA for failing to enter a business associate agreement (BAA) to address risks and vulnerabilities to its patient information. In the Office for Civil Rights (OCR)…

REMINDER: PHI Breaches Affecting Less than 500 Individuals Must Be Reported to HHS by 2/29/16

The annual reporting deadline for any breaches of unsecured protected health information (PHI) affecting fewer than 500 individuals is quickly approaching. HIPAA requires all covered entities to notify Office of Civil Rights (OCR) regarding a breach of unsecured PHI affecting fewer than 500 individuals within 60 days of the end of the calendar year. These…

Another $750,000 HIPAA Settlement – Focus on Need for Risk Analysis

The HIPAA Final Rule has been in effect since 2013, but HIPAA settlements following breaches continue to be reported. If you think the need for a risk analysis under HIPAA is not important, think again! On December 14, 2015, the Department of Health and Human Services (HHS) announced another $750,000 HIPAA settlement with the University…

Triple-S to Pay $3.5 Million Plus Adopt a Robust Corrective Action Plan

Office of Civil Rights (OCR) Director Jocelyn Samuels has made it clear that the “OCR remains committed to strong enforcement of the HIPAA Rules.” The latest settlement announced on 11/30/15 concerning Triple-S, an insurance holding company offering a wide range of insurance products and services, demonstrates just how committed the OCR is when it comes…

Be Careful What You Send

It will happen to almost any medical malpractice, product liability, or personal injury defense attorney at some point. You are going to attend one of the plaintiff’s treating medical provider’s deposition, and the doctor’s attorney has asked you to send the plaintiff’s medical records and a copy of the Complaint for the attorney to review….

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