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Texas AG uses consumer protection law to enforce against B2B clinical health GenAI company

Texas Attorney (“AG”) General Ken Paxton announced a first-for-Texas settlement against a generative AI company using patient data and providing products to healthcare facilities....more

HHS final rule requires HIPAA compliance changes for reproductive health care information

The HIPAA Privacy Rule has been modified by the US Department of Health and Human Services (HHS) to increase privacy protections for reproductive health care information. These changes, which will take effect in early 2026,...more

US Senator report urges congressional action to strengthen health data privacy

A new report from U.S. Senator Bill Cassidy calls on Congress to update the Health Insurance Portability and Accountability Act (HIPAA) and develop new, comprehensive privacy legislation to further regulate consumer health...more

New Washington consumer health privacy policy guidance may complicate broader compliance efforts

Adding to the growing list of heightened privacy and data protection requirements imposed on consumer health data and other categories of sensitive personal data, the Washington Attorney General recently updated its guidance...more

The White House AI Executive Order: reshaping AI use in the health sector

President Biden’s groundbreaking Executive Order on artificial intelligence carries significant implications for the health and life science industry. The Order tasks federal agencies, including those responsible for health...more

U.S. Senator requests information on ways to improve privacy protections of health data

Adding to the growing trend of policymakers interested in regulating health and wellness data, last week U.S. Senator Bill Cassidy requested stakeholder feedback to help identify solutions to modernize HIPAA and ensure all...more

Proposed HIPAA changes seek to protect reproductive health care

The U.S. Department of Health and Human Services (“HHS”) is proposing changes to HIPAA that would increase protections for reproductive health care information. If finalized, these changes would prohibit HIPAA-regulated...more

HHS OCR creates new HIPAA enforcement arm and enhances focus on cybersecurity and privacy oversight

This week the U.S. Department of Health and Human Services, the agency responsible for HIPAA enforcement, announced the formation of three new divisions within the Office for Civil Rights (“OCR”). The new divisions –...more

On notice: Proposed changes to SUD rules may alter HIPAA notice of privacy practices requirements

HIPAA covered entities will be required to change their HIPAA Notices of Privacy Practices (NPPs) if a recent proposed rule by the US Department of Health and Human Services is finalized. The Proposed Rule is designed to...more

HHS issues guidance on disclosures of patient reproductive health information

In the wake of the Supreme Court’s seismic decision in Dobbs v. Jackson Women’s Health Organization, the U.S. Department of Health and Human Services (HHS) has issued guidance to help patients, providers, and other health...more

Legislators Announce Compromise U.S. Federal Privacy Bill with Support in both the House and Senate

Momentum is growing for a federal privacy law in the United States. A bipartisan group of House and Senate leaders have released a discussion draft of a baseline consumer data protection legislation. The American Data...more

HHS seeks comment by June 6 on recognized security practices as mitigating factor in HIPAA enforcement

The US Department of Health Human Services (HHS) is seeking public comments about the appropriate role of “recognized security practices” in enforcement of the HIPAA Security Rule. Congress, through an amendment to the HITECH...more

FTC emphasizes expectations around the health breach notification rule

The Federal Trade Commission (FTC) recently has signaled its intent to inject new life into a longstanding but rarely triggered rule governing health breach notifications for non-HIPAA-covered health records. Specifically,...more

NIH requests feedback on its genomic data sharing policy

The National Institutes of Health has issued a request for information (RFI) on its Genomic Data Sharing (GDS) Policy to help ensure it keeps pace with the evolving genomic research landscape. The RFI will help inform...more

NIST seeks public comment to inform updates to HIPAA Security Rule guidance

The National Institute of Standards and Technology (NIST) is seeking public comment as it prepares to update its Introductory Resource Guide on implementing the Health Insurance Portability and Accountability Act (HIPAA)...more

Fifth Circuit Vacates $4.3M Penalty Against MD Anderson Related to Data Losses

There has been a significant development in the ongoing debate regarding the scope of the authority of the Department of Health and Human Services (“HHS”) Office for Civil Rights (“OCR”) to issue penalties under the Health...more

Fifth Circuit Vacates $4.3M Penalty Against MD Anderson Related to Data Losses - Challenge to Civil Money Penalties Imposed by HHS...

There has been a significant development in the ongoing debate regarding the scope of the authority of the Department of Health and Human Services (“HHS”) Office for Civil Rights (“OCR”) to issue penalties under the Health...more

HHS proposes changes to key provisions of the HIPAA Privacy Rule

HIPAA Privacy Rule changes that have the potential to significantly impact patients, covered entities, and business associates were proposed by the Department of Health and Human Services (HHS) in a Notice of Proposed...more

The long road to getting fans in the stands

After a long hiatus, major league sports is making a successful return to the US. Intercollegiate sports too have returned in a limited fashion. There have been relatively few hiccups and the COVID-19 protocols implemented...more

COVID-19 Exit Strategy: A Global Privacy and Cybersecurity Guide - May 2020

As the world focuses its efforts on the right strategy to beat the coronavirus and make normal life safe again, businesses are devising and implementing a variety of measures to deal with the COVID-19 crisis which rely on the...more

COVID-19 exit strategy: A global privacy and cybersecurity guide

The world is on a mission: beating the coronavirus and making normal life safe again. This is a scientific and medical challenge like no other, but our collective hope is that a viable solution will be found. In parallel,...more

OCR Provides Insight into Enforcement Priorities and Breach Trends

Regulators, industry experts, and researchers provided insight into health privacy and security enforcement trends, emerging threats, and new tools at a recent conference focused on the Health Insurance Portability and...more

HIPAA Penalty Caps to Be Reduced and Tied to Culpability Level

In a dramatic turn, the US Department of Health and Human Services (HHS) has announced that effective immediately, penalties for many HIPAA violations will be subject to substantially reduced limits. ...more

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