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The Department of Health and Human Services’ Office for Civil Rights is the main enforcer of HIPAA compliance; however, state Attorneys General also play a role in enforcing compliance with the Rules of the HealthInsurance Portability and Accountability Act (HIPAA). in 2011 that was settled for $100,000.
There are – and always have been – gaps in HIPAA and, after more than a quarter of a century, some have yet to be addressed. Most of the gaps in HIPAA are attributable to omissions from the original Act, provisions of HIPAA and HITECH that have never been enacted, and the increasing use of technology in healthcare.
The HITECH Act requires the Department of Health and Human Services’ (HHS) Office for Civil Rights (OCR) to conduct periodic audits of HIPAA covered entity and business associate compliance with the HIPAA Privacy, Security, and Breach Notification Rules. The scope of the program was relatively small.
New information is available regarding the Office for Civil Rights’ (OCR) initial round of mandated audits of HealthInsurance Portability and Accountability Act (HIPAA) covered entities. Initial HIPAA Audits Began November 2011.
The offline data included patient names, guarantor names, parent names, addresses, email addresses, birth dates, Social Security numbers, healthinsurance information, dates of service, locations, services requested/procedures performed, diagnoses, prescription information, physician names, medical record numbers, and billing and claims information.
In May of 2011, the Texas Legislature attempted to update Chapter 181 of the Texas Health and Safety Code, with new legislation called “ HB 300.” “HB” HB 300 was the 300th House Bill introduced during the legislative session for 2011. 300 seeks to increase privacy and security protections for protected health information.”
On January 21, 2025, the Department of Homeland Security (“DHS”) rescinded its Protected Areas policy that had been in place since 2011. HIPAA permits, but does not require, disclosures of PHI to law enforcement. This policy largely restricted the U.S. legal, compliance and security).
Government mandates were an impetus for change, starting with the Health Information Technology for Economic and Clinical Health (HITECH) Act, enacted as part of the American Recovery and Reinvestment Act (ARRA) of 2009 to “promote the adoption and meaningful use of health information technology” (Office of Civil Rights (OCR), 2017).
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