Lexology November 29, 2023
Phelps Dunbar LLP

Hospitals and medical clinics do wonderful work in our communities. Every organization wants to celebrate the work done by its medical professionals. However, sometimes marketing and promotions can open health care providers up to HIPAA claims. As the holidays approach and you consider publicizing the great work of your doctors and nurses, be sure not to disclose protected health information (PHI).

On Nov. 20, 2023, the Department of Health and Human Services’ Office of Civil Rights (OCR) announced a settlement with a New York hospital relating to the disclosure of PHI in an Associated Press article on the hospital’s response to the COVID-19 pandemic. The article contained photographs and information about the hospital’s patients.

OCR determined the hospital disclosed three...

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