From the Desk of Matt Fisher
By Matt Fisher, Esq
LinkedIn: Matthew Fisher
X: @matt_r_fisher
Host of Healthcare de Jure – #HCdeJure
Tune in weekdays at 2pm, 10pm or 6am ET as Matt serves up the hottest healthcare issues of the day, all from a legal point of view. From public policies and Federal initiatives to privacy and security, join host Matt R. Fisher as he and his guests discuss a smorgasbord of topics, giving hospitals, physicians, vendors and patients a seat at the table. Matt’s virtual conversations can be listened to on demand or heard on air. So don’t miss a minute of what’s on the menu.
ICYMI, read the latest of Matt’s blogs. And don’t forget to follow the Social Hashtag #HCdeJure.
After the Fact Enforcement: How Impactful?
On February 22, 2024, the HHS Office for Civil Rights announced its second settlement of alleged HIPAA violations stemming from a ransomware attack. The settlement marked the second such action announced in 2024, which hints at more to come. The expectation of more settlements would certainly match the approach that has been taken with problems surrounding the individual right of access. Read the full article.
HIPAA Behind the Curtain
At the end of February, the Office for Civil Rights (OCR) released its annual report to Congress about compliance with the HIPAA Privacy, Security, and Breach Notification Rule (though it should be noted that the report trails by over a year). The report offers a bit of a glimpse into how OCR interacts with the industry when it comes to advising about HIPAA as well as the scope of complaints that are sent into OCR. Read the full article.
Slightly Refined Tracking Tech Guidance
The ongoing saga of how to use tracking technology in healthcare without causing problems under HIPAA got a new chapter on March 18, 2024. The new chapter is the result of the Office for Civil Rights updating its guidance on the “Use of Online Tracking Technologies by HIPAA Covered Entities and Business Associates.” The updates offer more examples around the supposedly clear-cut statements from OCR about tracking technology use. Arguably some wholesale changes may have been more beneficial, but the tweaks do offer some helpful clarifications. Since OCR did not clearly call out where it placed the changes, it is instructive to reference the guidance in its original state, which is thankfully possible with all of the internet archiving services. Read the full article.
