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HIPAA Complaint Seeks Class Action Status

A complaint filed in the Superior Court of California on March 14, 2014, requested certification as a class action and sought a wide variety of damages arising from a breach of personal information. Doe vs. Sutherland Health...more

No Harm, Still Foul? Florida Court Approves Data-Breach Class Action Settlement

Data-breach class action suits may have just gained significant traction. On Feb. 28, 2014, the U.S. District Court for the Southern District of Florida approved a first of its kind class action data breach settlement that...more

Calif. Case Limits Health Care Data Breach Claims

The California Court of Appeal recently limited plaintiffs’ ability to state a claim under the California Medical Information Act (CMIA), Cal. Civ. Code §§ 56 et seq., and their ability to get statutory damages under the act....more

Little Harm, Big Damages: AvMed Settlement Could Change the Landscape for Privacy Breach Class Actions

On October 21, Florida-based health insurer AvMed, Inc. (AvMed) settled a data breach class action lawsuit for $3 million, even though no plaintiffs in the class demonstrated that they had suffered identity theft or any other...more

HHS States That It Will Issue Guidance On HIPAA Regulation For Prescription Refill Reminders

On September 11, 2013, HHS stated in a joint motion filed in the case of Adheris, Inc. v. Sebelius, No. 1:13-cv-1342 (D.D.C.), that it plans to issue guidance on a HIPAA regulation related to prescription drug refill...more

OCR Settles with Shasta Regional Medical Center for $275,000

The HHS Office of Civil Rights (OCR) recently announced a $275,000 settlement with Shasta Regional Medical Center (SRMC) on the heels of an investigation triggered by a Los Angeles Times article indicating that senior...more

Physician Medicare Data: Has the Drought Ended?

After 34 years, a federal district court in Florida has overturned a 1979 injunction which prevented the Centers for Medicare and Medicaid Services (CMS) from releasing to the public Medicare data related to physician billing...more

U.S. Department of Health and Human Services Announces First HIPAA Breach Settlement Involving Fewer than 500 Patients

On January 2, 2013, the U.S. Department of Health and Human Services ("HHS") settled its first case involving the unauthorized disclosure of the electronic protected health information ("ePHI") of fewer than 500 individuals....more

HIPAA and Patient Privacy in Missouri

This article explores the relationship between The Health Insurance Portability and Accountability Act of 1996 ("HIPAA") and the Missouri common law action for breach of patient confidentiality. A person in Missouri...more

OCR's Breach Settlement the First Ever Involving Less than 500 Patients

OCR started 2013 with a bang by announcing that it had reached “the first settlement involving a breach of unprotected electronic protected health information (ePHI) affecting fewer than 500 individuals” with the Hospice of...more

First OCR Settlement Involving a “Small” Breach Focuses on Mobile Device Security

In what is best understood as a follow-up to both the recent settlement with MEEI and the release of its mobile device security guidance, HHS OCR recently released details of a settlement reached with the Hospice of Northern...more

Health Care Legal News - September 28, 2012 • Volume 2, Number 8

In This Issue: - THE DW HEALTHCARE TEAM IS GROWING: With the addition of six new healthcare attorneys, the DW Healthcare Team has expanded its expertise and its depth... - RECOVERY OF LOST PROFESSIONAL...more

First State HIPAA Enforcement Action against a Business Associate Returns $2.5 Million Payout

In February, we alerted you to the first HIPAA enforcement action taken against a business associate. The action was pursued by the Minnesota Attorney General against Accretive Health, a service provider that was involved in...more

Alaska Medicaid Settles HIPAA Security Case for $1,700,000

The U.S. Department of Health and Human Services Office of Civil Rights (OCR) has announced the first HIPAA enforcement action OCR has taken against a State agency, and the resolution agreement and related corrective action...more

First State Attorney General Action under HITECH

On January 19, 2012, Minnesota Attorney General Lori Swanson exercised her authority under the HITECH Act by filing a lawsuit against a business associate for the failure to protect protected health information ("PHI") and...more

Ober|Kaler Healthcare Information Privacy, Security and Technology Bulletin: Data Breach in California Results in $20 Million...

The new Director of the HHS Office of Civil Rights (“OCR”) has promised to continue the agency’s trend towards greater HIPAA enforcement, but, following a data breach, OCR may not be a provider’s or contractor’s only concern....more

California Supreme Court: State Laws on Disclosure of Protected Health Information Are Not Preempted

California has long been considered a bastion of consumer protection and individual privacy rights. By its recently issued decision in Brown v. Mortensen, (2011) 51 Cal. 4th 1052 the California Supreme Court buttressed that...more

An Overview of G.I.N.A.

This article describes new protections for employees and new challenges for employers (including specific things to do and not to do) under the Genetic Information Nondiscrimination Act....more

Payment Matters: HHS Office of Civil Rights Levies First Civil Money Penalty for Violations of the HIPAA Privacy Rule - $4.3...

Cignet Health Center (Cignet), a provider of physician, imaging, and laboratory services, was recently ordered to pay $4.3 million as a Civil Money Penalty (CMP) for its failure to comply with the HIPAA privacy rule and its...more

Department of Health and Human Services Offers Proposed Final Rule Regarding Accounting for Disclosures of Personal Health...

This article provides a summary of the U.S. Department of Health and Human Services proposed final rule regarding privacy and security of personal health information and the substantial fines recently levied against companies...more

As Reports of Privacy Breaches Mount, HHS Proposes Rules on Disclosures of Personal Health Data

The HITECH Act expanded the reach of HIPAA's privacy and security protections. Recent large fines imposed on violators show the Act' s teeth have gotten very sharp. Dumb mistakes (like leaving a hospital's records in an...more

First State Attorney General Action Under HITECH

On January 19, 2012, Minnesota Attorney General Lori Swanson exercised her authority under the HITECH Act by filing a lawsuit against a business associate for the failure to protect protected health information (PHI) and for...more

Fenwick Employment Brief - February 4, 2011

In this issue: Employee Fired After Fiancee Filed Claim Allowed to Pursue Retaliation Claim Under Title VII; Use of Personal Email on Work Computers Can Defeat Attorney-Client Privilege; California Supreme Court Rules Private...more

Electronic Privacy Information Center v. U.S. Department of Transportation Security Administration

Complaint For Injunctive Relief

Senate Amendment Could End "Digital Strip Searches" Senator Udall (D-NM) has introduced a Senate Amendment 51 that would require the Transportation Security Administration to install "Automatic Target Recognition" software...more

Electronic Privacy Information Center v. U.S. Department of Homeland Security

Complaint For Injunctive Relief

EPIC Files FOIA Suit to Force Disclosure of Body Scanner Radiation Risks EPIC has filed a Freedom of Information Act lawsuit against the Department of Homeland Security, seeking records concerning radiation emissions and...more

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