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No Harm, No Foul – Appellate Court Finds No CMIA Claim Without Actual Injury

California’s Confidentiality of Medical Information Act, Cal. Civ. Code § 56 et seq. (“CMIA”), provides that an individual may recover $1,000 nominal damages (plus actual damages if any) based on the negligent release of...more

7/31/2014 - CMIA Damages Data Theft Healthcare Providers HIPAA Medical Records Negligence PHI Sutter Health Theft

California Court Limits Liability for Loss of Certain Patient Information under CMIA

California appellate courts are clarifying potential liability under California’s Confidentiality of Medical Information Act, Cal. Civ. Code § 56 et seq. (“CMIA”) of health care providers, health plans, pharmaceutical...more

7/9/2014 - CMIA Data Breach HIPAA Hospitals Liability Pharmacies PHI Physicians Professional Liability

Omnibus Final Rule Issued on HIPAA/HITECH Act: Significant Changes for ‘Business Associates’

On January 25, 2013, the Department of Health and Human Services published the much-anticipated Omnibus Final Rule (the “Final Rule”), which, with respect to business associates and their subcontractors, conforms HIPAA’s...more

2/8/2013 - Business Associates HIPAA HIPAA Omnibus Rule HITECH PHI Privacy Rule Subcontractors

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