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For the vast majority of records maintained by public schools, the Health Insurance Portability and Accountability Act (HIPAA) is not applicable. This is because most records that contain medical information related to a student and shared with the school will be considered an “education record” under the Family Educational Rights and ...

As mentioned in our prior post, numerous benefit plan-related deadlines were extended by the DOL when it declared a National Emergency due to COVID-19 in March, 2020.  By law, the National Emergency continues until: (1) emergency is not continued by the president; (2) the president terminates it; or (3) a joint resolution of Congress terminates ...

Even in the Trump era, HHS has not slowed its pursuit of monetary settlements for HIPAA violations.  Recent settlements have included payments of $2,140,000 for allowing PHI to be publicly accessible on the internet; $2,200,000 for theft of unencrypted PHI stored on a pen drive, and $5,500,000 for disclosure of electronic PHI due to failure to ...

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