New Office for Civil Rights Director

HHS Announces New Divisions Within the OCR

March 14, 2023 Gaurav Modi Comments Off

March 14, 2023 EXTRA EXTRA READ ALL ABOUT IT!! The U.S. Department of Health and Human Services, through the Office for Civil Rights (OCR), announced the formation of a new Enforcement Division, Policy Division, and Strategic Planning Division. Why isn’t this front-page news? And why did the HHS need to form three new divisions? “OCR’s caseload has multiplied in recent years, increasing to over 51,000 complaints in 2022– an increase of 69 percent between 2017 and 2022,” said OCR Director Melanie Fontes Rainer. “…reorganization improves OCR’s ability to effectively respond to complaints, puts OCR in line with its peers’ structure, and moves OCR into the future.” The OCR will now reflect the structure set by the U.S. Department of Education’s Office for Civil Rights. The Strategic Planning Division will not only work to coordinate public outreach to protect civil rights and health information privacy. They will also expand data analytics and coordinate data collection across HHS leadership. With the OCR being proactive and educating the public on their rights, now would be the time to make sure you are being proactive with HIPAA. What is something to make sure you are staying compliant and one step ahead of the OCR? How about your Security Risk Analysis or the “Crown Jewel” of the OCR as we like to call it. It’s the first thing the OCR asks for when they come knockin’. So why not beat them to the punch? You’ll identify and assess potential threats and vulnerabilities to protected health information (PHI), as well as evaluate the effectiveness of the organization’s security measures and policies. A HIPAA Security Risk Analysis is an ongoing process that must be regularly reviewed and updated to ensure that the organization remains in compliance. Guess what, here at Abyde we automate the entire process for you. Extra, extra, HIPAA violations can result in severe consequences, including fines, legal action, and damage to a healthcare organization’s reputation. Therefore, it is critical for healthcare providers and organizations to prioritize HIPAA compliance and regularly review and update their policies and procedures to ensure they are in line with the latest regulations.

OCR Announces Eleven HIPAA Right of Access Fines

Fines, HIPAA

OCR Announces Eleven More HIPAA Right of Access Settlements

July 18, 2022 Gaurav Modi Comments Off

July 18, 2022 Waking up every morning is an eye-opening experience. Do you know what else is an eye-opening experience? Waking up to see all of the enforcement investigations the OCR launched against practices like yours. The U.S. Department of Health and Human Services (HHS) Office for Civil Rights (OCR) announced the completion of eleven investigations in its Health Insurance Portability and Accountability Act (HIPAA) Right of Access Initiative. Under the HIPAA Privacy Rule, the OCR launched this effort to assist individuals’ right to timely access to their health records at a reasonable cost. HIPAA provides individuals with the right to view and get copies of their health information from their healthcare providers and health plans. A HIPAA-regulated entity has 30 days after receiving a request to provide an individual or their representative with their records in a timely manner. OCR Director, Lisa J. Pino, states, “Health care organizations should take note that there are now 38 enforcement actions in our Right of Access Initiative and understand that OCR is serious about upholding the law and peoples’ fundamental right to timely access to their medical records.” Practices are no longer sneaking under the radar! The Office for Civil Rights (OCR) just concluded its thirty-eighth enforcement action since the HIPAA Right of Access Initiative began in 2019. Totaling over $646,000 across eleven penalties, the announcement of the verdicts includes eleven cases. Here is a brief breakdown of a couple of the cases just released by HHS: The first dental action includes a $5,000 settlement for failure to comply with the Right of Access provision stating covered entities must permit individuals to inspect and obtain a copy of their PHI. An eye care practice made the mistake of not providing a copy of a patient’s medical records until three days after the OCR investigated. Now that is crazy! To settle a potential violation of the HIPAA Privacy Rule right of access standard, the practice agreed to take corrective actions and pay $22,500. Something as simple as not giving your patients access to their data quickly enough can result in a huge fine! One not-for-profit health system learned the hard way by not responding timely enough to a complainant’s access request. This cost the health system a whopping $240,000! So, whether it’s responding to a request or delivering that request on time, you need to make sure your practice is on point to avoid these heavy penalties. As we can see the queen bee (Lisa Pino) isn’t joking around on pushing the OCR’s HIPAA Right of Access Initiative across practices, we encourage you to ensure you have the right HIPAA compliance measures in place. So what’s the holdup? For less than a scratch-off ticket a day you can save your practice from those sneaky fines and become friends with Abyde today!

HIPAA, Legislation

MORE MONEY, MORE PROBLEMS? OCR Budget Proposal Will Result in Greater Enforcement and More Fines

May 16, 2022 Gaurav Modi Comments Off

May 16, 2022 If you think the Department of Health and Human Services (HHS) Office for Civil Rights (OCR) isn’t zeroed in on compliance, think again. OCR recently announced its request for a 55% increase in its overall funding, for a total of $60.2 million for the 2023 fiscal year. While this number may seem shocking, their plans for the money may make your jaw drop. Let’s take a look at why the increase is needed. Nearly 46,000 complaints were received in FY 2021, a dramatic increase from nearly 2,000 in 2003. Just this year, they’re expecting more than 28,000 related strictly to HIPAA. OCR states, “given the trend in complaints to OCR as well as the priorities articulated by the Administration, OCR anticipates a significant increase in the number of civil rights, information breaches, and cybersecurity complaints.” OCR opens an investigation for any breach that affects more than 500 people. In 2021, there were 714 of those instances, more than 30% growth over the last two years. Currently, OCR is limited to how many of these they can conduct a full investigation on. Imagine how powerful this could be if granted the resources to execute the necessary amount?! In addition, OCR is looking to add more regional investigators to address the backlog of existing complaints. With a goal of clearing the backlog by FY 2026, $8 million will be allocated to address the existing complaint inventory. OCR supports adding new regional investigators to “resolve new civil rights and HIPAA cases, address the backlog of complaints, and initiate compliance reviews in the Administration’s priority areas.” With a staff of 77 in 2020, they plan to add an additional 37 investigators and supervisory investigators in FY 2023. The budget accounts for a total increase of 64%, equating to 91 new employees. More staff could mean more knocks on your door! Still think that you’re the one that got (or will get) away?! This next bit is for you. Increasing fines and the institution of injunctive relief are more immediate than 2023. Not sure what a HIPAA violation could cost you? Don’t go get a tattoo of these any time soon – OCR is requesting increases based on a federal court evaluation. In 2019, then-OCR Director Roger Severino published a “notice of enforcement discretion” complementing the HITECH Act basing violation amounts on the party’s awareness and fault. While you could imagine this leaves some room for interpretation, the tiered fine structure will remain in place. Changing lanes, Injunctive relief essentially restrains a party from a certain action. OCR regulator, Adam Greene openly notes the HITECH Act “provides attorneys general with authority to seek injunctive relief.” Green continues to state, “If OCR were given authority to obtain injunctive relief, then it could require entities to take or discontinue actions –such as by requiring an entity to provide an individual with access to records or to discontinue a use or disclosure of protected health information – rather than only being able to penalize the entity after an act or omission occurs.” If you still aren’t convinced that OCR means business, let’s wrap up with a summary of what their request for extra dollar signs means for you. An increase in budget simply equates to an increase in resources – more employees to not only attack the existing backlog but the ability to complete more in-depth and frequent investigations. Higher fines and more meaningful corrective action plans mean greater penalties and violation costs. We hope you take your compliance seriously, OCR certainly is! Let us navigate these upcoming changes with you – from our simple software to our readily available education, we will be your companion in confidence that you are set up for any OCR changes that come our way.

The Department of Health and Human Services Appoints Melanie Fontes Rainer as the New Office for Civil Rights Director

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