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Under the Health Insurance Portability and Accountability Act of 1996 (HIPAA) and specifically the Privacy Rule under HIPAA’s implementing regulations, patients have a right to access.
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The United States Court of Appeals for the Fifth Circuit (the “Court”) vacated a $4,348,000 civil monetary penalty (“CMP”) imposed by the U.S. Department of Health and Human Services’ Office for Civil Rights (“HHS-OCR”) in 2017 against the University of Texas M.D. Anderson Cancer Center (“MD Anderson”) for alleged violations of the Health Insurance Portability and Accountability Act of 1996 (“HIPAA”) Privacy Rule and HIPAA Security Rule. The Court held that OCR’s actions were “arbitrary, capricious, and otherwise unlawful” and remanded the case for further proceedings. While the case is not binding precedent outside the Fifth Circuit, MD Anderson is the first HIPAA Covered Entity to appeal its fine to a Circuit Court since the HIPAA Privacy Rule and the HIPAA Security Rule took effect. The ruling likely will motivate future HIPAA settlement negotiations with HHS-OCR and encourage HIPAA Covered E
February 4, 2021 6:12 AM By Alex Ruoff and Brandon Lee
A group of lawmakers are trying to inject the Centers for Disease Control and Prevention with new funds to launch a sweeping virus surveillance program to better track all new variants of Covid-19, an apparatus experts say the U.S. is sorely lacking.
Sen. Tammy Baldwin (D-Wis.) will introduce legislation later today to send the CDC $2 billion to conduct a nationwide sequence-based surveillance program and scale up efforts to track new Covid-19 variants. The money would go to support the CDCâs Advanced Molecular Detection Initiative and boost collaboration among public health groups. Reps. Ami Bera (D-Calif.) and Scott Peters (D-Calif.) will introduce a House companion today.
The U.S. Department of Health and Human Services’ Office for Civil Rights (OCR) announced the 14th settlement in its ongoing HIPAA Right of Access Initiative. Banner Health, a.