Health Care Counsel

Arent Fox's health care law blog offers news, analysis, and insights for the health care industry.

Health Care Counsel

HIPAA / Health Privacy & Security

Arent Fox began advising clients in matters involving the privacy and security of health information long before the final promulgation of the Privacy and Security Standards under the Health Insurance Portability and Accountability Act of 1996 (HIPAA). In fact, we represented clients before Congress and HHS throughout the negotiations of the Administrative Simplifications Provisions of HIPAA and the crafting of the final regulations. We also developed a comprehensive model HIPAA compliance program that enables health care providers to implement the Federal Privacy Standards in a systematic and efficient manner.

Given the depth of our HIPAA experience, we are uniquely positioned to provide our clients with a comprehensive, cost-effective means to incorporate new HIPAA and HITECH requirements into existing compliance programs, assess their obligations under the new data breach notification requirements, and unravel the complex HIPAA issues that frequently arise in the context of clinical research. Clients facing a HIPAA enforcement action can turn to Arent Fox with confidence knowing that one of our attorneys was involved in the resolution of the largest HIPAA enforcement case to date.

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OCR Provides Covered Entities with a Year-End Reminder to Protect PHI

Potentially missed among end-of-year and holiday activities, the Office for Civil Rights (OCR) has announced three resolution agreements for violations of the HIPAA Privacy and Security Rules within the past month.

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OCR To Mobile Health Developers: Send Us Your HIPAA Questions

Bringing to life an initiative described by Jocelyn Samuels, the Director of the Office for Civil Rights (OCR), at the recent Safeguarding Health Information: Building Assurance through HIPAA Security conference, OCR has announced the launch of a new on-line platform to solicit questions on HIPAA compliance from mobile health developers and others interested in t

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Covered Entities and Business Associates Beware! New HIPAA Audits to Begin in Early 2016

Health care providers and their contractors have been put on notice by the Office for Civil Rights (OCR) that the next round of HIPAA compliance audits will begin in early 2016.  The previous round of HIPAA audits was completed in 2014.  While OCR previously had signaled that the HIPAA audits would be resuming in the near future (such as by noting the upcoming release of a new audit protocol), OCR’s new statement is the most definitive inform

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Straight from the Source: OCR and NIST Provide Guidance on Safeguarding Health Information at Annual Conference

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Don’t Lose Your Laptop! New HIPAA Settlement Emphasizes Importance of Risk Analysis and Device and Media Controls

On September 2, 2015, the US Department of Health and Human Services, Office for Civil Rights (OCR) announced a new settlement for $750,000 with Cancer Care Group, P.C.

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Medical Center Settles HIPAA Claims Relating to Use of Internet Application and Breach

On June 10, 2015, the U.S. Department of Health and Human Services, Office for Civil Rights (OCR), announced that it had entered into a resolution agreement with St. Elizabeth’s Medical Center (St. Elizabeth’s), a Massachusetts hospital, to resolve potential violations of the Health Insurance Portability and Accountability Act (HIPAA) Privacy, Security, and Breach Notification Rules.  As part of the settlement, St. Elizabeth’s agreed to pay $218,000 and implement a corrective action plan to address identified deficiencies in its HIPAA compliance program.

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What the Obergefell v. Hodges Decision May Mean to the Health Care Industry

King v. Burwell understandably took the attention of the health care industry a couple of weeks ago when it upheld a key component of the Affordable Care Act. A day later, however, the Supreme Court released another decision that may have a more significant going-forward impact on the health care industry: the Obergefell decision, which declares that gay individuals have a right under the 14th Amendment and Equal Protection Clause of the U.S.

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The Internal Threat: Cyber Security and Medical Devices

A recent blog post in the IEEE Spectrum, “Hackers Invade Hospital Networks Through Insecure Medical Equipment,” focused attention on something known for a while: medical devices can open a door to hospital networks, wreaking all sorts of havoc.

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Hospitalized Medical Staff Members: Reconciling Peer Review and HIPAA

Last week, Health Care partner Lowell C. Brown and associate Jade M. Kelly published an article in Bloomberg BNA’s Health Law Report that examines what hospital and medical staff leaders should do when a staff member is hospitalized with signs of impairment.

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eHealth – FTC Study Weighs in on Privacy and Security Concerns with its ‘Internet of Things’ Report

One of the more exciting and innovating changes to health care lies in the development of devices that expand the ability of patients to better manage their health and communicate with care providers who can monitor and potentially diagnose and treat patients remotely with the aide of special devices. Those devices which allow automated communications between machines are considered part of the Internet of Things (IoT), which was the subject of a report just released by the Federal Trade Commission (FTC).

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ABOUT ARENT FOX LLP

Arent Fox LLP, founded in 1942, is internationally recognized in core practice areas where business and government intersect. With more than 350 lawyers, the firm provides strategic legal counsel and multidisciplinary solutions to clients that range from Fortune 500 corporations to trade associations. The firm has offices in Los Angeles, New York, San Francisco, and Washington, DC.