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HHS Publishes ‘Voluntary’ Healthcare Cybersecurity Performance Goals in Record Time but Leaves Questions Unanswered

As previously reported in this blog, on Dec. 6, 2023, the Department of Health and Human Services (HHS or the Department) released a “concept paper,” which laid out its vision of future action regarding healthcare...more

Review of the Executive Order on Reforming Federal Funding and Support for Tribal Nations to Better Embrace Our Trust...

For our clients in Indian Country, the recent Executive Order is a welcome development as Tribal Nations plan and allocate funding to future projects. On Dec. 6, during the White House Tribal Nations Summit, President Biden...more

HHS ‘Concept Paper’ Forecasts Stormy Cybersecurity Compliance Weather: New Cybersecurity Requirements and Increased Enforcement to...

On Dec. 6, the Department of Health and Human Services (HHS or the Department) released what it is calling a “concept paper” on its role in cybersecurity for the healthcare sector (the HHS paper). The HHS paper is sweeping in...more

Tribal Privacy Codes: Establishing Self-Governance in the Post-Internet Age

Recent trends in privacy legislation, including the passage of California Consumer Privacy Act, more commonly referred to as the CCPA, as well as copycat laws in at least nine other states, make clear the intention of state...more

Privacy ‘Deep in the Heart of Texas’: An Overview of the Texas Data Privacy and Security Act

Texas, long lauded as one of the most “business-friendly” states, has passed a comprehensive privacy law that will bring new regulations to consumer personal data. The new Texas Data Privacy and Security Act (“TDPSA”), H.B....more

OCR releases YouTube Addressing “Recognized Security Practices” in HIPAA Enforcement Context

As a Halloween treat for HIPAA-covered entities and business associates, on October 31, the Department of Health and Human Services Office for Civil Rights (OCR) released a new video on its YouTube channel, in which senior...more

‘Unboxing’ the New NIST Guidance: NIST Publishes Significant Update to Healthcare Cybersecurity Guide

​​​​​​​Without question, healthcare providers and the companies that support them operate in an elevated cybersecurity risk environment. And when a cybersecurity incident occurs, the ensuing regulatory inquiries and/or...more

HHS OCR Guidance to 60,000 Retail Pharmacies: Refusal to Fill Rx Based on Potential Pregnancy Termination Concerns Is a Civil...

On July 13, the Department of Health & Human Services (HHS) Office for Civil Rights (OCR) issued guidance to retail pharmacies that refusing to dispense a prescribed medication or making a determination on the suitability of...more

The Room Where It Happens: The Autonomy of the Hospital Ethics Committees Post-Dobbs

Since the issuance of the Dobbs decision, there’s been significant discussion by lawyers, philosophers, healthcare providers and political leaders. The ruling has created uncertainty and confusion for those working in the...more

Sounding the Alarm: New Federal Law Will Mandate the Reporting of Cybersecurity Incidents Involving Critical Infrastructure - What...

In response to increased and persistent cybersecurity threats to American infrastructure, Congress passed the Strengthening American Cybersecurity Act (SACA), which President Joe Biden signed into law on March 15. SACA is...more

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