W. Reece Hirsch

W. Reece Hirsch

Morgan Lewis

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OCR Launches Phase 2 of HIPAA Audits

Five suggested steps healthcare organizations and their contractors should take to prepare. On March 21, the Office of Civil Rights (OCR) of the Department of Health and Human Services launched Phase 2 of the HIPAA Audit...more

3/25/2016 - Business Associates Covered Entities Data Breach HHS HIPAA HIPAA Audits HITECH OCR PHI

The Judicial Redress Act of 2015 Becomes Law

Passage of the Act facilitates two data-sharing agreements between the European Union and United States that will improve transatlantic business, privacy, and security. On February 24, the Judicial Redress Act of 2015...more

3/2/2016 - Data Breach Data Protection DOJ EU EU Data Protection Laws International Data Transfers Judicial Redress Act Personal Data US-EU Safe Harbor Framework

European Commission Releases Details of New EU-US Privacy Shield

The new EU-US Privacy Shield seeks to address the European Court of Justice’s criticisms in Schrems after the decision invalidated the Safe Harbor program for EU-US data transfers. On February 29, the EU Commission...more

3/2/2016 - Article 29 Working Party (WP29) Binding Corporate Rules Data Protection Authority Dispute Resolution EU EU-US Privacy Shield European Commission International Data Transfers Schrems v Data Protection Commissioner US Department of State US-EU Safe Harbor Framework

Health Apps and HIPAA: OCR Publishes New Guidance For Health App Developers

OCR’s guidance presents hypothetical scenarios and key questions to help app developers determine when they are subject to HIPAA regulations. On February 11, the Department of Health and Human Services’ Office for Civil...more

3/2/2016 - App Developers Data Collection HHS HIPAA mHealth Mobile Health Apps OCR

Judicial Redress Act Would Extend Privacy Act Remedies to Citizens of Designated Foreign Nations

The pending legislation would authorize the US Department of Justice to designate foreign countries to allow the citizens of such countries to bring civil actions against certain US agencies to access, amend, or redress...more

2/8/2016 - DOJ EU EU-US Privacy Shield European Court of Justice (ECJ) International Data Transfers Judicial Redress Act Law Enforcement Personal Data Schrems v Data Protection Commissioner US-EU Safe Harbor Framework

EU-US Privacy Shield to Replace Safe Harbor

A new personal data transfer agreement was announced on February 3, 2016 between EU and US authorities: the EU-US Privacy Shield will replace the invalidated Safe Harbor programme. Since the landmark decision of the...more

2/4/2016 - Data Protection Authority EU EU-US Privacy Shield European Commission European Court of Justice (ECJ) FTC International Data Transfers Personal Data Schrems v Data Protection Commissioner Surveillance U.S. Commerce Department US-EU Safe Harbor Framework

New EU Data Protection and Cybersecurity Laws Finalised

The General Data Protection Regulation places new obligations on businesses to protect personal data with high financial penalties for noncompliance. The European Commission has confirmed that the new General Data...more

12/24/2015 - Cybersecurity Data Breach Data Protection Data Transfers EU Popular

California Amends its Breach Notification Requirements (AGAIN)

New provisions about encryption, license plate recognition, and breach notification letters. California has long been a trendsetter with regard to security breach notification standards. In 2002, for example, California...more

11/20/2015 - Amended Legislation Automatic License Plate Readers Encryption Personal Data State Data Breach Notification Statutes

The Three “Hows” Of Physician Compensation

New care delivery models and healthcare reimbursement trends are heating up the market for hospital employment of physicians yet again, but does a productivity-based compensation model still work in this environment?...more

3/18/2015 - Compensation Standards Fair Market Value Healthcare Hospitals Physician Medicare Reimbursements Physicians Stark Law

Brazil Bill Implements New Provisions for International Data Transfers

The Bill’s provisions on international data transfers are most relevant to foreign companies that do business in Brazil. The Brazilian government has issued a Bill for the Protection of Personal Data (Bill) for public...more

2/23/2015 - Brazil Cybersecurity Data Protection International Data Transfers Internet

Preparing for Phase 2 HIPAA Audits: It’s All About the Documentation

The launch of Phase 2 HIPAA audits is imminent. Although any individual hospital has only a small chance of getting audited, preparation helps protect a hospital if it is ever investigated for potential HIPAA violations. In...more

2/17/2015 - Audits HIPAA Hospitals OCR

Proposed Data Breach Legislation Announced

President Obama’s new proposed Personal Data Notification and Protection Act provides a national standard for companies responding to security breaches....more

1/23/2015 - Barack Obama Breach Notification Rule Consumer Privacy Bill of Rights Cybersecurity FTC Personal Data Notification and Protection Act Popular Proposed Standards

New California Privacy Laws

California continues to lead the way in passing new or updating existing data protection legislation. The weekly disclosure of new data breaches that involve retail and other corporations has focused the general public...more

12/24/2014 - Breach Notification Rule COPPA Cybersecurity Data Breach New Legislation Popular Privacy Laws

Florida’s Strict New Data Breach Notification Law Takes Effect

The new law sets up one of the most robust data protection regimes in the United States and is relevant to any business that collects personal information nationwide....more

7/9/2014 - Breach Notification Rule Corporate Counsel Cybersecurity Data Breach Data Protection

New California Law Protects Online Account Information

As of January 1, security breach notifications must be provided to consumers when certain account information is compromised. On September 27, California Governor Jerry Brown signed into law Senate Bill No. 46 (S.B....more

10/11/2013 - Cybersecurity Data Breach Data Protection Notice Requirements Passwords Personally Identifiable Information User Names

California Enacts New Laws on Data Privacy and Security Issues

The state continues to lead the United States in the data privacy and security field by giving minors an Internet “delete” option and requiring disclosures about “do not track” practices. In September 2013, California...more

10/7/2013 - CalOPPA Cybersecurity Data Protection Do Not Track Internet Jerry Brown Privacy Laws

FDA Taking on Cybersecurity Risks for Medical Devices

FDA issues safety communication and draft guidance clarifying that manufacturers are responsible for addressing cybersecurity risks related to their medical devices....more

6/17/2013

Protections to Be Extended for Electronic Health Record Donations

CMS and OIG issue similar proposed rules to modify the electronic health record exception and safe harbor. On April 10, the Centers for Medicare & Medicaid Services (CMS) and the Office of Inspector General (OIG) of...more

4/17/2013 - CMS EHR Final Rules OIG Proposed Amendments Safe Harbors

HHS Releases HIPAA/HITECH Omnibus Final Rule

Rule finalizes many provisions of the proposed rule, imposing new privacy and security obligations directly on business associates and modifying the definition of "breach" and the required factors to be considered in a risk...more

1/21/2013 - Business Associates Data Breach Data Protection GINA HHS HIPAA HIPAA Omnibus Rule HITECH Notice Requirements OCR PHI Risk Assessment

OCR Reaches $50,000 Settlement with Hospice for Small Data Breach

Enforcement action sends a strong message to the healthcare industry and reaffirms the need for security risk analysis and mobile-device security policies and procedures....more

1/8/2013 - Data Breach Data Protection Electronic Medical Records HIPAA HITECH HONI Mobile Devices OCR PHI Settlement

Increasing Scrutiny of Consumer Data Collection

Recent FTC and California Attorney General actions highlight the need to reassess privacy policies. The Federal Trade Commission (FTC) recently ordered the data brokerage industry to provide information on the collection...more

1/3/2013 - Attorney Generals COPPA Data Collection Data Protection Delta Airlines FTC Kamala Harris Mobile Apps Notice Requirements Online Privacy Protection Act Parental Consent Personally Identifiable Information Privacy Policy

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