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resolution agreement

Administrative Law Judge rules in favor of OCR enforcement, requiring Lincare, Inc. to pay $239,800 — $239,800

Resolution Feb 2016

Penalty

$239,800

Action type

Resolution agreement

Entity profile

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Case number

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What went wrong

Administrative Law Judge rules in favor of OCR enforcement, requiring Lincare, Inc. to pay $239,800 - February 3, 2016

  • Navigate to: HIPAA for Professionals Regulatory Initiatives Privacy Summary of the Privacy Rule Guidance Combined Text of All Rules HIPAA Related Links Security Security Rule NPRM Summary of the Security Rule Security Guidance Cyber Security Guidance Breach Notification Breach Reporting Guidance Reports to Congress Regulation History Compliance & Enforcement Enforcement Rule Enforcement Process En

Full description

Navigate to: HIPAA for Professionals Regulatory Initiatives Privacy Summary of the Privacy Rule Guidance Combined Text of All Rules HIPAA Related Links Security Security Rule NPRM Summary of the Security Rule Security Guidance Cyber Security Guidance Breach Notification Breach Reporting Guidance Reports to Congress Regulation History Compliance & Enforcement Enforcement Rule Enforcement Process Enforcement Data Resolution Agreements Case Examples Audit Reports to Congress State Attorneys General Special Topics Parental Access Mental and Behavioral Health Change Healthcare Cybersecurity Incident FAQs HIPAA and COVID-19 HIPAA and Reproductive Health HIPAA and Final Rule Notice HIPAA and Telehealth HIPAA and FERPA Research Public Health Emergency Response Health Information Technology Health Apps Patient Safety Covered Entities & Business Associates Business Associate Contracts Business Associates Training & Resources FAQs for Professionals Other Administrative Simplification Rules Substance Use Disorder Confidentiality Administrative Law Judge rules in favor of OCR enforcement, requiring Lincare, Inc. to pay $239,800 The U.S. Department of Health and Human Services Administrative Law Judge (ALJ), Carolyn Cozad Hughes, ruled that Lincare, Inc. (Lincare) violated the Health Insurance Portability and Accountability Act of 1996 (HIPAA) Privacy Rule and granted summary judgment to the Office for Civil Rights (OCR) on all issues, requiring Lincare to pay $239,800 in civil money penalties (CMPs) imposed by OCR. This is the only the second time in its history that OCR has sought CMPs for HIPAA violations and each time the CMPs have been upheld upon judicial review. Read the HHS Press Release Read the Notice of Proposed Determination Read the ALJ's Opinion Read the Notice of Final Determination Content last reviewed February 3, 2016

Timeline

  • ResolutionFeb 2016
  • Incident and investigation milestones are not consistently published by OCR in machine-readable form.

Key takeaways for your organization

  • Treat internet-facing systems and vendor-hosted environments as in-scope for HIPAA risk analysis and technical safeguards testing.
  • Maintain an actionable risk analysis tied to remediation milestones; evidence should map to Security Rule implementation specifications.
  • Align policies, procedures, and evidence with the specific CFR provisions cited in OCR resolutions affecting your entity type.
  • Run tabletop exercises for breach response, OCR inquiry handling, and privilege-preserving communications with counsel.

Related actions

OCR Resolves Twentieth Investigation in HIPAA Right of Access Initiative with $80,000 Settlement

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$80,000

Clinical Laboratory Pays $25,000 to Settle Potential HIPAA Security Rule Violations

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$25,000

HHS Office for Civil Rights Imposes a $200,000 Penalty Against Oregon Health & Science University for Failure to Provide Timely Access to Patient Records

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$200,000

Source

U.S. Department of Health and Human Services release

Source: U.S. Department of Health and Human Services, Office for Civil Rights. medcomply.ai aggregates public materials for educational use — not legal advice.