The HITECH Act authorizes a state attorney general to bring a civil action for an injunction or damages in situations where the attorney general “has reason to believe that an interest of one or more of the residents of that State has been or is threatened or adversely affected” by a HIPAA violation.  The HHS Office for Civil Rights has initiated a series of HIPAA enforcement training courses for state attorneys general.  The first was held in Dallas in April.  Sessions are planned for each of Atlanta and Washington, D.C., in May and for San Francisco in June.  More information about the sessions (which are open only to state attorneys general and their staffs) on the OCR website.  These sessions may serve as an impetus for state enforcement actions.  Hopefully, the sessions will also serve to provide some level of uniformity in interpretation of HIPAA obligations by state attorneys general. 

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Photo of Anna D. Kraus Anna D. Kraus

Anna Durand Kraus has a multi-disciplinary practice advising clients on issues relating to the complex array of laws governing the health care industry. Her background as Deputy General Counsel to the U.S. Department of Health and Human Services (HHS) gives her broad experience…

Anna Durand Kraus has a multi-disciplinary practice advising clients on issues relating to the complex array of laws governing the health care industry. Her background as Deputy General Counsel to the U.S. Department of Health and Human Services (HHS) gives her broad experience with, and valuable insight into, the programs and issues within the purview of HHS, including Medicare, Medicaid, fraud and abuse, and health information privacy. Ms. Kraus regularly advises clients on Medicare reimbursement matters, the Medicaid Drug Rebate program, health information privacy issues (including under HIPAA and the HITECH Act), and the challenges and opportunities presented by the Affordable Care Act.