Privacy & Information Security Law Blog

On February 21, 2024, the U.S. Department of Health and Human Services’ Office for Civil Rights (“OCR”) entered into a resolution agreement and corrective action plan with Green Ridge Behavioral Health LLC (“GRBH”) stemming from the organization’s failure to comply with the Privacy and Security Rules of the Health Insurance Portability and Accountability Act (“HIPAA”) and subsequent failure to protect against a 2019 ransomware attack that impacted the personal health information (“PHI”) of more than 14,000 patients. This marks the second such settlement with a HIPAA-regulated entity for violations that were discovered following a ransomware attack, according to HHS.

On February 16, 2024, the U.S. Department of Health and Human Services' Office for Civil Rights (“OCR”) and the National Institute of Standards and Technology (“NIST”) published a final version of Special Publication 800-66 Revision 2, “Implementing the Health Insurance Portability and Accountability Act (“HIPAA”) Security Rule: A Cybersecurity Resource Guide.” The publication features guidance and recommendations for cybersecurity measures for HIPAA covered entities to consider in the development of their information security programs, a ...

On May 25, 2021, the Office for Civil Rights (“OCR”) of the U.S. Department of Health and Human Services (“HHS”) announced that it had reached a settlement with Peachstate Health Management, LLC (“Peachstate”) for violations of the HIPAA Security Rule. As part of this settlement, Peachstate (dba AEON Clinical Laboratories) agreed to pay OCR $25,000 and to implement a robust corrective action plan.

The U.S. Department of Health and Human Services (“HHS”) Office for Civil Rights (“OCR”) recently announced more settlements associated with its HIPAA Right of Access Initiative. The settlements with Village Plastic Surgery ("VPS") and The Arbour, Inc. (“Arbour”) resulted in combined civil monetary penalties of $95,000.

On September 30, 2020, Anthem, Inc. (“Anthem”) entered into an assurance of voluntary compliance (the “Agreement”) with the attorneys general of 42 states and the District of Columbia to settle claims under state and federal law relating to Anthem’s 2015 data breach (the “Breach”).

On September 21, 2020, the U.S. Department of Health and Human Services (“HHS”) Office for Civil Rights (“OCR”) announced a $1.5 million settlement with Athens Orthopedic Clinic PA (“Athens Orthopedic”) for alleged violations of the Health Insurance Portability and Accountability Act (“HIPAA”) Privacy and Security Rules.

On September 15, 2020, the U.S. Department of Health and Human Services’ (“HHS”) Office for Civil Rights (“OCR”) announced five more settlements under its HIPAA Right of Access Initiative. The OCR announced its Right of Access Initiative in 2019, promising vigorous enforcement of HIPAA’s access rules. The five newly announced settlements bring OCR's total to seven completed enforcement actions under the Right of Access Initiative.

The Office for Civil Rights (“OCR”) at the U.S. Department of Health and Human Services (“HHS”) issued a Bulletin on sharing and protecting patients’ protected health information (“PHI”) in compliance with the Health Insurance Portability and Accountability Act of 1996 (“HIPAA”) during the COVID-19 national emergency. The Bulletin emphasizes that the HIPAA Privacy Rule is still in effect during this national emergency, but that HIPAA-covered entities may use or disclose patients’ PHI when necessary to treat a patient, to protect the nation’s public health and for other critical purposes.

The District Court for the District of Columbia recently invalidated certain Department of Health and Human Services (“HHS”) rules regarding an individual’s access to their protected health information (“PHI”). The Court held that: (1) individuals can only direct their electronic PHI to third parties (and not hard copy PHI); and (2) the Health Insurance Portability and Accountability Act of 1996 (“HIPAA”) Omnibus Rule provisions regarding the caps on fees that HIPAA-covered entities may charge for such requests did not follow relevant administrative law procedures.

On December 12, 2019, the U.S. Department of Health and Human Services’ (“HHS”) Office for Civil Rights (“OCR”) announced its second enforcement action and settlement under its HIPAA Right of Access Initiative. Under the terms of the settlement, Korunda Medical, LLC, agreed to pay $85,000 to settle a potential violation of HIPAA’s right of access.