What is the HITECH Act and How Does it Relate to HIPAA?

January 28, 2021

Trying to understand all of the complicated rules and regulations your practice needs to follow can sometimes feel like keeping up with the Joneses – but HIPAA isn’t the only compliance rulebook your practice needs to follow, and other laws (both new and old) impact your practice operations and your HIPAA compliance program – enter the HITECH Act. 

Whether it’s your first time visiting our news page (welcome!) or you’re a regular reader (welcome back!) you might’ve seen last week’s article covering the new HIPAA Safe Harbor bill that offers practices reduced HIPAA fines IF they have reasonable security safeguards already in place before a breach. The bill amends the HITECH Act to incorporate this change, but if you aren’t even sure what the HITECH Act really is, let’s take a step back and cover what the Act means for you and where these new changes come into play. 

The What

The ‘Health Information Technology for Economic and Clinical Health’ Act, or HITECH Act (much easier to say), was signed into law way back in 2009 to essentially promote the implementation of health information technology, specifically the use of electronic health records (EHRs), by healthcare providers. Transitioning from paper to electronic records was (and still is) time-consuming and costly, and the HITECH act provided incentives for making the switch – while also ensuring that healthcare organizations along with their business associates remained in line with HIPAA law as they upgraded their systems. 

The Why

So you might be thinking – well doesn’t HIPAA law already promote the secure usage of EHR’s? You’re right (high five!) but the HITECH Act goes one step further and expands the enforcement and strength of HIPAA regulations related to technical requirements within the HIPAA Privacy and Security Rules. Thanks to the HITECH Act, violation tiers were introduced, increasing financial penalties for HIPAA violations and ultimately giving the Office for Civil Rights (OCR) more money in the bank to go after non-compliant covered entities. 

The HITECH act was also designed to answer questions around how to offer the same HIPAA protections to electronic protected health information (ePHI), not just physical PHI, as practices went digital. This included:

  • Solidifying the HIPAA Breach Notification Rule requiring covered entities to provide prompt notification of any breaches. While this might seem like common sense, according to the latest HIPAA audit industry report, 29% of practices are still missing the mark on this requirement (yikes!).
  • Introducing the legal requirement for business associates to comply with HIPAA, not just covered entities (still super important today, and why those business associate agreements are so essential).
  • Incorporating the requirement for healthcare providers to conduct Security Risk Analyses (SRA’s) in order to be eligible for Meaningful Use (now Quality Payment Program) incentive payments.
  • Adding financial penalties for entities who fail to report a breach of PHI.

Where the HIPAA Safe Harbor Bill Fits In

Fast forward to 2021, and all the same needs the HITECH act was introduced to fill still apply. However, the newly signed HIPAA Safe Harbor Bill helps to reinforce the value of these security measures with the new incentives offered and opportunity for reduced fines – and it’s one of the few pieces of new legislation you should actually feel GOOD about!

So whether it’s HIPAA, HITECH, or the brand new Safe Harbor Bill – understanding and complying with each and every one of their requirements is essential to protecting your patients. 

Still not quite sure about what’s required? Don’t sweat it! Schedule a free consult with one of our HIPAA experts today to ensure you’re up to speed.

RECENT POSTS

Related posts

Spencer Gifts HIPAA Fine
Abyde News, Fines, HIPAA

Spencer Gifts HIPAA Settlement: Ransomware, Risk Analysis, and What Comes Next

June 19, 2026 No comments yet

June 19, 2026   Quick Guide:  The Office for Civil Rights issued a major fine towards Spencer Gifts benefits plan. This fine reinforces that all HIPAA-regulated entities must have a thorough compliance program.    The Stats You Need to Know 76%: The percentage of large healthcare breaches now caused by hacking/IT incidents. $450,000: Financial settlement of this enforcement. 10,023: The number of individuals were impacted in this breach.  264%: The increase in ransomware-related breaches reported to the OCR since 2018.   When you think about Spencer’s, you likely picture the staple mall store with pop culture novelty gifts, not the latest HIPAA settlement enforcement headline.  Spencer Gifts LLC Flexible Benefits and Welfare Benefit Plans, or their employee benefits plan, reached a settlement with the Office for Civil Rights for $450,000 and a 2 year Corrective Action Plan (CAP).  This fine is a reminder that Covered Entities include all parties that create and utilize patient data, including health care plans. While they might not see patients traditionally, they still are responsible for keeping Protected Health Information (PHI) secure.    What Happened?   In response to employee complaints regarding access to their employee benefits portal, Spencer Gifts Health Plan discovered their systems were infiltrated with ransomware in November 2021. Malicious actors encrypted over 10,000 individuals’ PHI and demanded a ransom. The exposed data included names, phone numbers, social security numbers, and more, putting employees at risk.  The breach was reported in January 2022. After years of investigation, it was settled that the plan failed to meet basic HIPAA Security Rule requirements proactively.    The Compliance Gaps A common misconception is that an organization faces a financial penalty due to a breach. While the breach serves as the catalyst for the investigation, the OCR is looking to see if an organization has a thorough compliance program in place and made a genuine effort to protect patient data.  For instance, the health plan did not complete a Security Risk Analysis (SRA). This required assessment identifies all technical, administrative, and physical safeguards (and vulnerabilities) across your organization. By completing this document, your organization can address concerns before they become an issue. There’s no way to know where risks are unless they are properly reviewed.  Additionally, the plan did not have sufficient policies and procedures, nor trained staff adequately. Without sufficient policies and training, staff are left without the tools to recognize and respond to HIPAA threats before they escalate. As a result, Spencer Gifts now faces $450,000 in penalties and two years of government monitoring to ensure those missing requirements are finally implemented. And that figure doesn’t account for the years of investigation, legal fees, breach notification costs, and operational disruption that preceded the settlement.   The Biggest Takeaway This case isn’t only a lesson for retail organizations’ health plans, but it’s a warning for every HIPAA-regulated entity. The OCR can and will investigate any organization exposed for failing to meet HIPAA requirements, including small medical practices To be prepared before a cyberattack occurs, make sure your organization has: A completed and current Security Risk Analysis. A trained workforce that knows how to handle PHI Accessible policies and procedures staff can actually reference. An up-to-date compliance program.  Ready to strengthen your compliance program? Schedule a free educational consultation with our team today.

OCR Ransomware Settlements
Abyde News, Fines, HIPAA

OCR Ransomware Settlements: 4 Massive HIPAA Fines from April 2026 & How to Avoid Them

May 4, 2026 No comments yet

May 4, 2026   Quick Guide:  The Office for Civil Rights (OCR) just issued a massive wake-up call, announcing four simultaneous settlements totaling $1,165,000. The Stats You Need to Know 76%: The percentage of large healthcare breaches now caused by hacking/IT incidents. 427,000+: Total number of patients impacted across these four recent settlements. 264%: The increase in ransomware-related breaches reported to the OCR since 2018. The Office for Civil Rights (OCR) just announced a flurry of investigation settlements. At the root of the four that were announced: ransomware. Ransomware attacks continue to target healthcare facilities. As of last year, the OCR discovered that 76% of large breaches are due to hacking and IT shortcomings. Unfortunately, healthcare information is a goldmine for hackers, exposing sensitive data that can lead to identity theft, financial fraud, and compromised patient care. Breakdown & Lessons Learned Regional Women’s Health Group (Axia) The first settlement was regarding the Regional Women’s Health Group (Axia), an OBGYN network across five states. In this case, the organization submitted a breach report following a cyberattack that exposed over 37,000 patients. The settlement resulted in a $320,000 fine and a 2-year Corrective Action Plan (CAP). The Lesson: The OCR didn’t just fine them for being hacked; they reached a settlement because the healthcare organization failed to conduct a “thorough and accurate” Security Risk Analysis (SRA). If you don’t know where your vulnerabilities are, you can’t patch them. Unfortunately, hackers counted on this negligence and exploited it.  Assured Imaging This was the largest of the four fines, affecting a staggering 244,813 individuals. When a ransomware infection hit their servers, Assured Imaging, a medical imaging enterprise, reported a breach to the OCR. After a long investigation (the initial cyberattack occurred in 2020), and resulted in a $375,000 settlement and a 2-year CAP.  The Lesson: Beyond the initial ransomware attack, it was discovered that Assured had never completed an SRA. Additionally, the organization did not notify patients within 60 days of discovery of the breach. This is a direct violation of the Breach Notification Rule, which aims to allow patients to take control and mitigate risks as quickly as possible.  Consociate Health Consciate Health is the only Business Associate (BA) fine in the four. BAs continue to be under the OCR’s microscope, such as potentially needing to follow stricter requirements when handling patient data. Their breach started with a phishing attack that eventually led to the encryption of systems holding data for over 136,000 people. The BA discovered the ransomware six months after the initial phishing attack. Upon the OCR’s further investigation, the SRA was found to be insufficient. The organization paid a $225,000 settlement and entered into a 2-year CAP.  The Lesson: Human error (phishing) is the most common entry point for ransomware. Constant employee training is just as important as a strong firewall. Additionally, just because a BA doesn’t directly work with patients doesn’t mean it isn’t their responsibility to keep patient data secure.  SG Health Plan Even employee benefit plans are regulated under the Health Insurance Portability and Accountability Act (HIPAA). SG Health Plan, associated with a Connecticut energy provider, reported that the data of 9,316 members were exposed following a ransomware attack. It was discovered that the organization did not complete an extensive SRA. The benefit plan entered a settlement with the OCR for $245,000 and a 2-year CAP.  The Lesson: This settlement highlights that HIPAA applies to corporate health plans just as much as it does to traditional healthcare providers. Additionally, every organization that handles Protected Health Information (PHI) must complete an SRA.  The Bottom Line The OCR isn’t fining practices for ransomware attacks, but for being ill-prepared.  However, it is easier said than done to ensure your organization is secure in protecting patient data and complying with HIPAA.  Proactively implementing the HIPAA Security Rule is your opportunity to mitigate the impacts of a cyberattack. Waiting until the ransom note appears on your screen is a million-dollar mistake. Want to see what you might be missing?  Run a 5-Minute HIPAA Gap Assessment and protect your practice today! 

MMG Fusion HIPAA Settlement
Abyde News, Fines, HIPAA

15 Million Reasons to Review Your Business Associates: Lessons from the MMG Fusion Settlement

March 6, 2026 No comments yet

March 6, 2026 They say a mistake ignored is a disaster in the making. For one dental software provider, a 2020 breach became a 15-million-patient nightmare in 2026. MMG Fusion LLC, a dental marketing software business in Maryland, is in the crosshairs of the OCR and the subject of the latest HIPAA enforcement action. MMG agreed to a $10,000 settlement and a 3-year Corrective Action Plan (CAP).  The latest HIPAA settlement, and the 12th Enforcement Action in the Office for Civil Rights (OCR) Risk Analysis Initiative, highlighted the importance of completing a thorough Security Risk Analysis (SRA), proper Breach Notification, and choosing the right Business Associate (BA).  What Happened?  In December 2020, a malicious actor infiltrated MMG’s systems. Over 15 million patients’ Protected Health Information (PHI) was exposed in the cybercrime and leaked to the dark web.  Under the HIPAA Breach Notification Rule, a BA must notify affected Covered Entities (the dental practices) within 60 days of discovering a breach. However, the OCR didn’t learn about this 2020 incident until a complaint was filed in March 2023, more than two years later. The investigation uncovered a critical flaw: MMG Fusion lacked a compliant Security Risk Analysis (SRA). The SRA is a comprehensive review of an organization’s physical, technical, and administrative safeguards to protect PHI. A thorough SRA likely would have identified the very system vulnerabilities that the hackers exploited in 2020. Although the OCR factored in MMG’s “small business” status when determining the $10,000 fine, this amount does not account for the years the investigation took, the accumulated costs of legal counsel, stress, and reputational damage that occurred before the fine was made public. Additionally, MMG will also need to report to the OCR for 3 years in accordance with the CAP settlement.  Streamline Your Compliance This case highlights three non-negotiable pillars for every HIPAA-regulated entity: compliant HIPAA risk assessments, timely breach notification to the OCR and impacted parties, and choosing the right business partner to handle your sensitive information.  Managing vendors and staying on top of SRAs is overwhelming for a busy healthcare organization.  Modern software solutions automate the SRA process and generate compliant Business Associate Agreements (BAAs) for Covered Entities and BAs to use, ensuring both parties are held accountable.  Ready to learn more? Meet with an expert today!