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While the U.S. Department of Health and Human Services (HHS) Office for Civil Rights (OCR) intensifies its enforcement of the Health Insurance Portability and Accountability Act (HIPAA), covered entities and business associates may well find the Federal Trade Commission (FTC) knocking at their door. The FTC takes the position that Congress granted it broad powers to regulate unfair and deceptive practices under Section 5 of the FTC Act, including concurrent jurisdiction over the privacy and security practices of companies regulated under HIPAA.

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