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May we? Must we? Should we? Shall we? What Can Schools Do About Non-Title IX Sexual Misconduct. Sunday, January 17, 2021 The Title IX regulations that went into effect in August 2020 significantly narrowed the scope of conduct that the United States Department of Education Office of Civil Rights (“OCR”) defined as violating Title IX, the broad law prohibiting sex or gender discrimination in education.  These regulations have the force of law. Carved out of Title IX coverage was potentially a vast amount of sexual misconduct that could have detrimental impacts on the campus wor...

Get Permission The Department of Health and Human Services has slapped insurer Excellus Health Plan with a $5.1 million settlement in the wake of a 2015 breach that affected more than 9.3 million individuals. Excellus, which serves upstate and western New York, in September 2015 filed a breach report stating that intruders had gained unauthorized access to its information systems, HHS’ Office for Civil Rights says in a statement Friday. The Blue Cross Blue Shield health plan reported that the breach began on or before Dec. 23, 2013, and ended on May 11, 2015. ”The hackers installed malw...

Get Permission In a ruling that could have a profound impact on HIPAA enforcement, a U.S. Court of Appeals has vacated a $4.3 million HIPAA civil monetary penalty levied by federal regulators against the University of Texas MD Anderson Cancer Center in the wake of three breaches involving unencrypted mobile devices. The court called the penalty “arbitrary, capricious and contrary to law.” In its ruling, the 5th Circuit U.S. Court of Appeals in Louisiana was critical of the Department of Health and Human Services Office for Civil Rights’ interpretation of HIPAA requirements and how it...

Friday, January 15, 2021 The Office of Civil Rights (OCR) at the U.S. Department of Health and Human Services recently published its findings from audits conducted in 2016 and 2017 of covered entities’ and business associates’ compliance with selected provisions of HIPAA's Privacy, Breach Notification, and Security Rules. The audits included health care providers, health plans, health care clearinghouses, and business associates. In short, OCR found material noncompliance with HIPAA’s Notice of Privacy Practices (NPP), right of access, breach notification, and security risk ...