Category: HIPAA Issues

Compliance Officer Authority and Resource Allocation

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The Department of Justice (DOJ) uses resource allocation as a key measure when evaluating the effectiveness of compliance programs. Allocating sufficient resources to the compliance function is foundational to any systematic compliance initiative and remains central as regulatory expectations evo...

Proposed Revisions to the SAMHSA Regulations

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Impact on Communications Between Part 2 and Non-Part 2 Providers Introduction In our ongoing engagement with behavioral health and substance abuse programs, we maintain a vigilant focus on matters relating to patient record confidentiality governed by 42 CFR Part 2, commonly known as the SAMHSA r...

Deconstructing the “HIPAA Bias.”

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Understanding HIPAA and Its Interaction with State and Federal Confidentiality Laws HIPAA, the body of regulations designed to protect the confidentiality of patient health care information, has been highly effective in creating widespread awareness within health care facilities. Most staff membe...

DOJs New Evaluation of Corporate Compliance Programs – The Essence of Compliance

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The Criminal Division of the United States Department of Justice (DOJ) revised its Evaluation of Corporate Compliance Programs in April 2019. Initially introduced in 2017, this document provides prosecutors with structured guidance for investigations, charging decisions, and plea negotiations. Th...

Disclosures for Specific Payment or Health Care Operations Purposes (§ 2.33)

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Part 2 Records –  Specific Payment or Health Care Operations Purposes (§ 2.33) Special restrictions apply to health information that is restricted under SAMHSA rules.  These rules protect patient information involving substance and alcohol treatment in Federal programs.  SAMHSA requirements...

Failing to Perform an Electronic Access Risk Analysis Before and Unauthorized Access Occurs

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OCR Settlement Lessons – No Risk Assessment Exposes Provider to Liability Failure to conduct a risk assessment before a hacking incident occurred resulted in a $400,000 settlement between OCR and a Federally Qualified Health Clinic.  The FQHC filed a breach report upon learning that its employee...

What Does the HIPPA Phase2 Audit Program Mean for Physicians?

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HIPAA Audits of Physician Practices – Phase II Audits The HHS Office for Civil Rights (“OCR”) has Officially announced The commencement of its 2016 Phase 2 HIPAA Audit . In Phase 2, OCR Will be reviewing the policies and procedures of covered entities and their business associates. This phase of ...