On April 22, the Department of Health and Human Services (HHS) announced a final rule to support reproductive health care privacy under HIPAA. The rule aims to support reproductive health care privacy "by prohibiting the...more
2020 can rightfully be called the year for remote health care. Fueled by necessity and accompanying loosened regulations, telehealth and the demand for remote patient monitoring boomed. Signs that this progress is here to...more
COVID-19 has challenged health care providers to change the way they offer services — from shifting to an increasingly remote workforce to diving into telehealth. These adjustments have privacy implications. The following are...more
6/18/2020
/ California Consumer Privacy Act (CCPA) ,
Data Privacy ,
Data Protection ,
Electronic Protected Health Information (ePHI) ,
Health Care Providers ,
Health Insurance Portability and Accountability Act (HIPAA) ,
PHI ,
Remote Working ,
Risk Assessment ,
Telecommuting ,
Telehealth
As we’ve previously reported, COVID-19 has caused a surge in telehealth and has temporarily reduced the HIPAA Security Rule requirements placed on telehealth service providers. ...more
Thus far, telehealth breaches have been exceedingly rare, but as telehealth is increasingly used, telehealth data breaches and similar incidents may become more commonplace. Here are 10 steps for responding to a telehealth...more
5/4/2020
/ Coronavirus/COVID-19 ,
Cyber Attacks ,
Data Breach ,
Hackers ,
Health Care Providers ,
HIPAA Breach ,
Incident Response Plans ,
Patient Access ,
Risk Assessment ,
State Data Breach Notification Statutes ,
Telehealth ,
Telemedicine
Last week, the American Medical Association (AMA) and the American Hospital Association (AHA), recognizing the increased cybersecurity threats facing health care providers, issued joint guidance for physicians working from...more
4/23/2020
/ Coronavirus/COVID-19 ,
Cyber Attacks ,
Cybersecurity ,
Data Breach ,
Data Protection ,
Data Security ,
Hackers ,
Health Care Providers ,
Information Governance ,
PHI ,
Phishing Scams ,
Popular ,
Risk Management ,
Vulnerability Assessments
Until recently, telehealth made up a very small percentage of medical claims (less than 1% according to FAIR Health’s July 2019 white paper). But with the temporary loosening of telehealth restrictions, everyday providers are...more
3/23/2020
In an industry overrun with news of almost daily privacy breaches, what makes the Fresenius settlement especially newsworthy is the size of the fine compared to the size of the breach and the types of breaches involved....more
4/3/2018
/ Corrective Actions ,
Data Breach ,
Electronic Medical Records ,
Electronic Protected Health Information (ePHI) ,
Fresenius ,
Health Care Providers ,
Healthcare Facilities ,
HIPAA Breach ,
Personally Identifiable Information ,
Risk Management ,
Settlement
On October 26, in Edwards v. Thomas, et al. (SC15-1893) the Florida Supreme Court held that external peer review reports are discoverable under Amendment 7.
...more
The Department of Health and Human Services’ Office of Civil Rights (OCR) recently published a checklist to guide HIPAA-covered entities and business associates through an appropriate response to a ransomware or cybersecurity...more
6/16/2017
/ Breach Notification Rule ,
Covered Entities ,
Cybersecurity ,
Data Protection ,
Department of Health and Human Services (HHS) ,
Emergency Response ,
Health Care Providers ,
HIPAA Breach ,
OCR ,
Personally Identifiable Information ,
PHI
On January 31, the Florida Supreme Court ruled that the “Patient Safety Work Product” privilege cannot shield Florida health care providers from Amendment 7 requests. The court’s decision in Charles v. Southern Baptist...more
IN THE SPOTLIGHT -
- SEC Sanctions Unregistered EB-5 Investments Broker
SECURITIES -
- FINRA to Assess Member Firms’ Culture
- SEC Seeks Fund Responses to Distribution-In-Guise Guidance...more
7/26/2016
/ Administrative Law Judge (ALJ) ,
Administrative Proceedings ,
Arbitration ,
Banking Sector ,
Class Action ,
Class Action Arbitration Waivers ,
Consumer Financial Protection Bureau (CFPB) ,
Data Breach ,
Debt Buyers ,
Department of Justice (DOJ) ,
EB-5 ,
Electronic Data Transmissions ,
Enforcement Actions ,
Facebook ,
Fair Credit Reporting Act (FCRA) ,
Federal Pilot Programs ,
FFIEC ,
Financial Industry Regulatory Authority (FINRA) ,
Foreign Corrupt Practices Act (FCPA) ,
Foreign Investment ,
Health Insurance Portability and Accountability Act (HIPAA) ,
Healthcare ,
Immigrant Investor Program ,
Individual Accountability ,
Inpatient Billing ,
Insurance Industry ,
Investment ,
Job Creation ,
Payday Loans ,
Pensions ,
Popular ,
Property Damage ,
Property Insurance ,
Securities ,
Securities and Exchange Commission (SEC) ,
Self-Reporting ,
Spokeo v Robins ,
Student Loans ,
Two-Midnight Rule ,
Whistleblower Awards ,
Whistleblowers
"Surprise medical billing" occurs when a patient receives care at a facility and receives treatment from a provider, such as an anesthesiologist or radiologist, who is not contracted with the patient’s health insurance plan....more
The Office for Civil Rights (OCR) of the U.S. Department of Health and Human Services (HHS) recently announced the long-awaited launch of phase 2 of HIPAA’s audit program. The program will target all types of covered...more
In This Issue:
- IN THE SPOTLIGHT
• Risky Business: Common Cyber Security Risks, Expensive Consequences
- LIFE INSURANCE
• Ninth Circuit Finds Bonus Indexed Annuity Delivers Exactly...more
6/26/2015
/ Accounting Fraud ,
Annuities ,
Bad Faith ,
Broker-Dealer ,
Captive Insurance Company ,
Consumer Financial Contracts ,
Covered Business Method Patents ,
Cybersecurity ,
Debt Collection ,
Disability Benefits ,
Drones ,
Employee Retirement Income Security Act (ERISA) ,
Fair Lending ,
FCC ,
Fiduciary Duty ,
Health Insurance Portability and Accountability Act (HIPAA) ,
Healthcare ,
Insurance Litigation ,
Life Insurance ,
Mandatory Arbitration Clauses ,
Patents ,
RICO ,
SAR ,
Securities and Exchange Commission (SEC) ,
Telemedicine ,
Unmanned Aircraft Systems ,
Variable Annuities ,
Virtual Currency
Despite faster Internet connections, better software, increased availability of devices with built-in video, and an increasingly tech-savvy public, the broad acceptance of telemedicine—the use of telecommunication and...more
In This Issue:
- IN THE SPOTLIGHT
..Crisis Management: Five Steps to Take Before Providing That Comment
- LIFE INSURANCE
..Third Circuit Limits ERISA Fiduciary Liability to those with Ultimate...more
1/16/2015
/ Automotive Loans ,
CFTC ,
Class Action ,
Consumer Complaint System ,
Data Breach ,
Divorce ,
Driverless Cars ,
FCC ,
Health Insurance Portability and Accountability Act (HIPAA) ,
Healthcare ,
Insurance Industry ,
Life Insurance ,
Money Market Funds ,
Mortgages ,
NAIC ,
Private Equity Funds ,
STOLI ,
Unsolicited Faxes
For all covered entities and business associates, September 22 was the last day for business associate agreements (BAAs) to comply with the Omnibus HIPAA Rule (the Rule) released in January 2013. Before the Rule’s release,...more
Pursuant to HIPAA, business associates of health care organizations have until September 23, 2013 to become HIPAA-compliant. This alert sets forth the factors often used to determine whether a company will be considered a...more
The final rule (1) makes final modifications to the Health Insurance Portability and Accountability of 1996 Act (HIPAA) Privacy, Security and Enforcement Rules mandated by the Health Information Technology for Economic and...more
1/24/2013
/ Business Associates ,
Data Breach ,
Data Protection ,
Department of Health and Human Services (HHS) ,
GINA ,
Health Insurance Portability and Accountability Act (HIPAA) ,
HIPAA Omnibus Rule ,
HITECH Act ,
OCR ,
PHI ,
Privacy Policy