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HIPAA Update

By Lacey E. Tucker and Barry B. Cepelewicz

Since the passage of the Health Information Technology for Economic and Clinical Health Act, 42 U.S.C. ” 17921-17954 (HITECH) in 2009, HIPAA-covered entities have been living in a new era of increased responsibility and enforcement by the Department of Health and Human Services Office of Civil Rights (OCR). Prior to the passage of the HITECH Act, the OCR learned about violations primarily through complaints by a third party (often patients) or from infrequent compliance reviews. HITECH gave the OCR new enforcement tools in the form of breach notification by covered entities, audit capabilities and increased Civil Monetary Penalties (CMPs). Since 2008, the OCR has entered into 10 settlement agreements and has assessed CMPs in one instance.

In 2012, OCR has so far entered into four settlement agreements with Corrective Action Plans (CAPs), more than in any year since HITECH went into effect; three of these arose from breach notifications, which had not happened before. Also in 2012, the OCR released the results of its first 20 audits, and its audit protocol for future audits.

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