HHS Increases Civil Monetary Penalties for HIPAA Violations

Under federal government logic, when the cost of living goes up, the amounts of monetary penalties for violations of certain federal laws must go up too. So, in November of 2021, the Department of Health and Human Services announced that it was raising the civil monetary penalties for each of the four tiers of HIPAA violations. The new dollar values are discussed below. [...]

2023-07-27T15:52:24-04:00December 1st, 2021|

OCR Fines Village Plastic Surgery for Stretching HIPAA Right of Access Rule

In late March of 2021, the Department of Health and Services (HHS) Office for Civil Rights (OCR) settled with New Jersey-based Village Plastic Surgery (VPS) for a potential violation of the HIPAA right of access rule. The $30,000 settlement requires VPS to undergo a two-year corrective plan (CAP). The details of the settlement are discussed below. Village Plastic Surgery HIPAA Right of Access Rule Violation [...]

2023-07-28T13:54:41-04:00March 26th, 2021|

$65,000 Right of Access Violation Settlement

The Department of Health and Human Services’ (HHS) Office for Civil Rights recently announced its seventeenth settlement of an enforcement action under its HIPAA Right of Access Initiative. The Arbour, Inc., doing business as Arbour Hospital (Arbour), has agreed to pay $65,000 to settle a potential right of access standard violation. Arbor has also agreed to submit to a one-year corrective action plan (CAP). More details on the [...]

2023-07-28T13:58:16-04:00March 24th, 2021|

Sharp HealthCare Pays $70,000 to Settle Potential Right of Access Violation

In February of 2021, Sharp HealthCare, doing business as Sharp-Rees Stealy Medical Centers (SRMC), paid $70,000 to the Department of Health and Human Services’ (HHS) Office for Civil Rights (OCR) to settle a potential violation of the HIPAA Privacy Rule right of access standard. The Sharp settlement has become OCR’s sixteenth settlement under OCR’s right of access initiative. Under this initiative that began in 2019, OCR continues to [...]

2023-08-24T14:03:50-04:00February 12th, 2021|

Renown Health Fined $75,000 Under HIPAA Right of Access Initiative

Not-for-profit Nevada health system Renown Health, P.C., has agreed to pay $75,000 to the Department of Health and Human Services’ (HHS) Office for Civil Rights (OCR) to settle a potential violation of the HIPAA Privacy Rule right of access provision. The settlement is a product of HHS’ Right of Access Initiative. Under this initiative, OCR established cracking down on providers who fail to grant timely patient access to [...]

2023-07-31T11:58:11-04:00February 10th, 2021|

Reading the 5th: What the Recent Fifth Circuit HIPAA Case Means to You

The Department of Health and Human Services’ (HHS) Office for Civil Rights enforces HIPAA compliance by imposing civil monetary penalties (CMPs) on HIPAA covered entities for violations of the HIPAA Privacy and Security Rules. Practices may appeal the monetary determination in civil court. Almost all appeals to date have been unsuccessful. Almost. On January 14, 2021, the United States Court of Appeals for the Fifth Circuit (“5th Circuit”) [...]

2023-07-31T12:04:35-04:00February 3rd, 2021|

2020 Violations of the HIPAA Privacy and Security Rules

In 2020, the Department of Health and Human Services’ (HHS) Office for Civil Rights issued a record 19 fines for failure to comply with the HIPAA regulations. Two of the fines issued were hybrids - based on violations of the HIPAA Privacy and Security Rules in equal measure. These HIPAA fines are discussed below. Aetna and Violations of the HIPAA Privacy and Security Rules [...]

2023-04-06T14:02:19-04:00January 20th, 2021|

OCR 2020 and HIPAA Security Rule Violations

In 2020, the Department of Health and Human Services’ (HHS) Office for Civil Rights issued a record 19 fines for failure to comply with the HIPAA regulations. Six of the fines announced in 2020 were principally issued for failure to comply with the HIPAA Security Rule’s requirement to conduct a security risk assessment and to track and inventory network devices. The message of OCR 2020: Keep patient records [...]

2023-04-06T14:02:20-04:00January 19th, 2021|

$5.1 Million Fine Announced for HIPAA Data Breach

The Department of Health and Human Services (HHS) Office for Civil Rights has entered into a settlement with the Excellus Health Plan, under which Excellus has agreed to pay $5.1 million and to enter into a corrective action plan. The settlement was prompted by an OCR investigation that found widespread noncompliance with provisions of the HIPAA Privacy and Security Rules. As a result of the noncompliance, the data [...]

2023-07-31T13:34:55-04:00January 15th, 2021|

Signed, Sealed, Delivered: SkyMed Fined for False HIPAA Compliance Claim

Many businesses pride themselves on meaning what they say, and saying what they mean. Other businesses get fined by regulators. On December 16, 2020, SkyMed settled with the Federal Trade Commission (FTC) over a deceptive business practice charge, in this case a false HIPAA compliance claim. The FTC in its complaint against SkyMed - was plastering a “We are Compliant” seal on a [...]

2023-07-31T13:36:11-04:00January 14th, 2021|