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What You Need To Know About The ONC Cures Act

Healthcare Compliance Associates • October 7, 2022

The Health Insurance Portability and Accountability Act (HIPAA) act was passed by the 104th Congress, and signed into law by President Clinton in 1996, with the goals of protecting patient privacy and creating standards for the handling of medical records in the healthcare industry. It took a very long time for the health care industry to develop best practices to comply with HIPAA, and the 2020 ONC Cures Act presents another set of rules that healthcare professionals are required to comply with. Healthcare compliance can be complicated and the penalties for non-compliance can be harsh, that’s why it’s important to work with an Oregon HIPPA consultant to help guide you safely through these muddy waters. 


What Is the ONC Cures Act? 

Office of National Coordinator for Health Information Technology’s (ONC) primary goal is to ensure that patients and their healthcare providers have prompt access to their electronic health records by prohibiting “information blocking,” with penalties up to one million dollars per violation. ONC also encourages innovation by reducing the cost of developing and maintaining application program interface’s (API), while maintaining the intellectual property rights of software developers. It also attempts to reconcile conflicts that exist between HIPAA and other security and privacy statutes. One thing is clear, ONC creates new responsibilities for the entire health care industry that require immediate attention to avoid fines and penalties, but is especially strict with Electronic Health Record (EHR) providers. 


Who Must Comply With ONC? 

ONC specifies the entities, called “Actors,” that must comply with information blocking requirements under the Act, which became enforceable on April 5th, 2021: 

  • Health care providers; 
  • Health IT developers and 
  • Health Information Networks (HIN’s or HIE’s) 


All violations will be prosecuted against IT’s, HIN’s and HIE’s, but health providers will only be charged if they blocked information with knowledge and intent. This doesn’t automatically let physicians off the hook for mistakes, because a long delay could be construed as intent especially if it’s a patient that didn’t pay their bill. That’s why it’s important to work with an Oregon HIPAA consultant to ensure that your procedures have been updated to comply with current law. 


What’s Considered Information Blocking Under ONC? 

These are the types of activities that are targeted by ONC as information blocking: 

  • Any practice that restricts access to patient records from other healthcare providers for treatment 
  • Any practice that restricts authorized access or exchange of EHI; 
  • Any nonstandard method that is complex or burdensome; 
  • Limits or restrictions on information sharing for legally permissible persons or purposes; 
  • Implementing IT so as to restrict access or make it more difficult to switch platforms or exchange information; 
  • Acts that impede innovation and advancement; 
  • Fraudulent, wasteful or abusive acts or omissions; 
  • Access restrictions expressed in license terms, contracts, policies and procedures and 
  • Manipulative and opportunistic economic practices that function to restrict access. 


Oregon HIPPA Consultant 


If you’re a health care provider or own a business that provides EHI records or develops products for this industry, it’s urgent that you begin operating within the bounds of ONC. Talk with the IT company that provides your HER to be sure they are in compliance with these new regulations.  Hire an experienced Oregon HIPPA consultant as soon as possible to review your procedures and advise you about what you need to do to be in compliance. 


By Kelli Ngariki February 20, 2025
The U.S. Department of Health and Human Services (HHS) Office for Civil Rights (OCR) has imposed a $1.5 million civil money penalty on Warby Parker, a well-known eyewear retailer, due to violations of the HIPAA Security Rule following a cybersecurity breach. This enforcement action underscores the critical importance of robust cybersecurity measures in protecting sensitive patient information. What Happened? In December 2018, OCR launched an investigation after Warby Parker reported a data breach. The company discovered unusual login attempts on its website, which were later linked to a credential stuffing attack—a method where hackers use stolen username-password combinations from other breaches to gain unauthorized access to accounts. Between September 25, 2018, and November 30, 2018, cybercriminals infiltrated Warby Parker’s systems, exposing the protected health information (PHI) of nearly 200,000 individuals. The compromised data included: Names Mailing addresses Email addresses Certain payment card details Eyewear prescription information Subsequent breach reports in April 2020 and June 2022 indicated that similar attacks had occurred again, further highlighting vulnerabilities in Warby Parker’s security measures. OCR’s Findings OCR determined that Warby Parker violated three key provisions of the HIPAA Security Rule by failing to: Conduct a thorough risk analysis to identify vulnerabilities. Implement adequate security measures to protect ePHI. Regularly review system activity to detect and prevent breaches. In September 2024, OCR proposed a $1.5 million penalty, which Warby Parker did not contest. The penalty was finalized in December 2024. Lessons for Healthcare Providers & Business Associates This case serves as a stark reminder that all entities handling protected health information (PHI) must maintain rigorous security standards. OCR recommends the following best practices to mitigate cyber threats: Identify all ePHI storage and transmission points within the organization. Conduct regular risk analyses and integrate findings into security policies. Implement and review audit controls to track system activity. Use multifactor authentication (MFA) to prevent unauthorized access. Encrypt ePHI at rest and in transit for added security. Train employees on HIPAA compliance and cybersecurity awareness. Incorporate lessons from past breaches into ongoing security strategies. The Takeaway Warby Parker’s penalty reinforces the message that HIPAA compliance is not optional—it’s essential. Cyberattacks are becoming more frequent and sophisticated, and covered entities must take proactive steps to secure patient data and avoid costly penalties. Stay Compliant & Secure If you need assistance in strengthening your HIPAA compliance efforts, our team is here to help. Contact us today for expert guidance and customized compliance solutions. 541-345-3875 ext. 5 For more information on HIPAA compliance and cybersecurity best practices, visit the HHS OCR website.
Test dental unit waterlines at least one time per quarter.
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