Lexology August 30, 2021
Holland & Knight LLP

An amendment to the Health Information Technology for Economic and Clinical Health (HITECH) Act was signed into law on Jan. 5, 2021, directing U.S. Health and Human Services (HHS) to consider “recognized security practices” in investigations related to Health Insurance Portability and Accountability Act (HIPAA) (HR 7898, Pub. L. 116-231). If a covered entity or business associate had “recognized security practices” in place for at least 12 months, HHS must take that into account when assessing fines or remedies, or determining the appropriate length of an audit. HHS’s Office for Civil Rights (OCR) is now inquiring about such practices in its inquiries and audits.

A. What are “recognized security practices”?

The revisions to the HITECH Act define “recognized security practices”...

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