Anna Watterson

Anna Watterson

Davis Wright Tremaine LLP

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President Obama’s Proposed Privacy Bill of Rights, Part 1: Personal Data, De-Identification, and Retention Requirements

On Friday, Feb. 27, the Obama administration unveiled a proposed Consumer Privacy Bill of Rights that would require businesses to be more transparent in privacy practices, and provide individuals certain rights aimed at...more

3/3/2015 - Consumer Privacy Bill of Rights Obama Administration Personally Identifiable Information Popular Proposed Legislation

Employers: What the Anthem Breach Means to You

On Feb. 4, 2015, Anthem announced a data breach involving the personal information of more than 80 million individuals resulting from what it characterized as a sophisticated, targeted cyber-attack. Group health plans may be...more

2/10/2015 - Anthem Insurance Best Practices Breach Notification Rule Corporate Counsel Cyber Attacks Cybersecurity HIPAA Personally Identifiable Information

Latest HIPAA Settlement: Compliance is an Ongoing Process

The U.S. Department of Health and Human Services, Office for Civil Rights (OCR) issued its first settlement under new OCR Director Jocelyn Samuels earlier this month. This latest settlement serves as a reminder that a...more

12/18/2014 - Healthcare Facilities HIPAA OCR Patient Confidentiality Breaches PHI Popular Settlement

Refill Reminders and the TCPA

The Telephone Consumer Protection Act (“TCPA”) presents another challenge as health care providers continue to engage patients and seek to meet Meaningful Use reminder objectives. Over the past year, there have been several...more

12/5/2014 - Business Associates Cell Phones Class Action Covered Entities Health Care Providers Pharmacies Popular Prescription Drugs Prior Express Consent TCPA

Encryption and Securing BYO Devices at the Heart of Massachusetts AG $100,000 Settlement

The Massachusetts Attorney General announced Friday that her office had reached a settlement with Beth Israel Deaconess Medical Center (BIDMC) surrounding a 2012 data breach in which a physician’s unencrypted personal laptop...more

11/26/2014 - Bring Your Own Device Covered Entities Data Breach Data Protection Employer Liability Issues Encryption Health Care Providers Patient Confidentiality Breaches Personally Identifiable Information Popular

Preparing for HIPAA Compliance Audits

The U.S. Department of Health and Human Services (HHS), Office for Civil Rights (OCR), the office responsible for administering and enforcing the Health Insurance Portability and Accountability Act of 1996 (HIPAA), will...more

11/25/2014 - Audits Business Associates Covered Entities HHS HIPAA OCR

Ebola or Not, Patient Privacy Must Be Protected: Office for Civil Rights Issues Bulletin on HIPAA Requirements in Emergency...

In the wake of the recent Ebola cases, the U.S. Department of Health and Human Services’ (HHS) Office for Civil Rights (OCR) has issued a new bulletin reminding HIPAA-covered entities and their business associates that the...more

11/13/2014 - Data Protection Ebola EHR Healthcare HHS HIPAA OCR PHI

CMS Reopens the Medicare Payment Adjustment Hardship Exception Application Submission Period for Certain Providers and Hospitals

Centers for Medicare & Medicaid Services (CMS) recently announced the reopening of the submission period for hardship exception applications for eligible professionals and eligible hospitals that have been unable to fully...more

10/30/2014 - CEHRT CMS EHR Healthcare Healthcare Reform Hospitals Medicare PHI Undue Hardship

Good News: California Extends Its Medical Data Breach Notification Requirement From 5 to 15 Days

On Sept. 18, 2014, California’s governor approved Assembly Bill 1755, extending California’s stringent breach notification deadline for medical information breaches from five business days to 15 business days for clinics,...more

10/13/2014 - Breach Notification Rule Data Breach EHR Healthcare Personally Identifiable Information PHI Popular

Starting Oct. 6, Patients Can Access Test Reports Directly From Clinical Laboratories

On Oct. 6, 2014, a final rule issued jointly by the Centers for Medicare & Medicaid Services (CMS), Centers for Disease Control and Prevention (CDC), and Office for Civil Rights (OCR) will require all HIPAA-covered labs...more

10/2/2014 - CDC Clinical Laboratories CMS EHR Healthcare HIPAA OCR PHI Popular

CMS Issues Final Rule Providing Flexibility for Providers Unable to Fully Implement 2014 Technology to Demonstrate Meaningful Use...

In response to providers being unable to fully implement 2014 Edition certified electronic health record technology (CEHRT) due to limited availability, CMS adopted changes proposed earlier this year through a final rule...more

9/24/2014 - CEHRT CMS Deadlines Final Rules Reporting Requirements

Looming HIPAA Deadline: Update Business Associate Agreements by Monday, September 22, 2014

Business associate agreements that have not already been updated as required by the HIPAA Omnibus Rule should be updated by September 22, 2014. The Omnibus Rule changed and added mandatory language for valid business...more

9/23/2014 - Business Associates Deadlines HIPAA HIPAA Omnibus Rule

Rhode Island Hospital’s Breach of Health Information Leads to Settlement with Massachusetts Attorney General

On July 23, 2014, the Massachusetts attorney general announced a settlement with Women & Infants Hospital of Rhode Island (WIH) over the loss of unencrypted backup tapes. WIH agreed to pay $150,000 and undertake numerous...more

8/6/2014 - Data Protection EHR HIPAA Hospitals PHI Settlement

New HIPAA Reports to Congress Shed Light on OCR Enforcement

The Department of Health and Human Services’ Office for Civil Rights (OCR) has issued two reports to Congress, as required by the HITECH Act. The compliance report details OCR’s enforcement activities for 2011 and 2012 and...more

7/7/2014 - Data Protection Enforcement Enforcement Actions Healthcare HHS HITECH OCR

Confidentiality of Substance Abuse Treatment Information: HHS Considers Changes to the Part 2 Regulations and Requests Comment

The Department of Health and Human Services’ Substance Abuse and Mental Health Services Administration (SAMHSA) is considering significant changes to the “Part 2” regulations (the Confidentiality of Alcohol and Drug Abuse...more

6/23/2014 - ACOs Consent Healthcare Healthcare Reform HHS New Regulations Patient Privacy Rights SAMHSA

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