General Business Privacy Health

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New Mexico Moves One Step Closer to Becoming the 47th State with a Breach Notification Law

46 states plus Washington, D.C. have data breach notification laws. Alabama, Kentucky, New Mexico and South Dakota still do not have a comprehensive notification law outside of the public sector. That may change soon...more

Privacy and Security Becoming More Increasingly Critical

Privacy and security continue to be critical considerations for all businesses. While such considerations in the healthcare industry have received a lot of attention over the past years with the increasing requirements under...more

FTC’s 50th Data Security Settlement Sends a Message: Be Careful with Overseas Contractors

The Federal Trade Commission (FTC) sent a message about the importance of imposing appropriate security measures on—and monitoring—vendors with access to confidential consumer information. The FTC issued a 20-year consent...more

Protect Your Blindside: Identify All HIPAA Business Associates/Subcontractors

Under the recently enacted Health Information Technology for Economic and Clinical Health (HITECH) Act, and implementing regulations, the definition of the HIPAA term "Business Associate" has been expanded. A "Business...more

FDA Deputy Commissioner Details Agency’s Priorities In Recent Speech

In This Issue: - Snapshot of the Agency: FDA-regulated products - Recent Public Health Milestones - Innovative Programs at FDA ..A. FDA has a number of programs intended to speed the availability of...more

Practical Suggestions For Law Firm Compliance With HIPAA

Under the Health Insurance Privacy and Accountability Act of 1996 (“HIPAA”), health plans, health care clearinghouses, and most health care providers (collectively, “Covered Entities”) must protect the privacy and security of...more

On the First Day of Privacy, The OCR Gave to Me...

Welcome to our series, “The 12 Days of Privacy” as we look to “gifts” that may be received this season and some of the big issues ahead …. Day One – - HIPAA 2014 – Where will the Audit Trail Lead? The year 2013...more

Recent California Decision Upholds Data Breach Coverage

The U.S. District Court for the Central District of California recently upheld coverage under a commercial general liability policy for a hospital data breach that compromised the confidential medical records of nearly 20,000...more

The Reports Of The Death Of Privacy Were Exaggerated: California Breathes New Life Into The Privacy Rights Of Its Residents

In a series of new bills amending existing California privacy laws, the State of California increases the protections presently provided to its residents by broadening the requirements for reporting breach of personal data;...more

New FCC Rules to Protect Telephone Consumers from Autodial/Robocalls

On October 16, 2013, new Federal Communication Commission rules took effect to further protect consumers under the Telephone Consumer Protection Act of 1991 (TCPA). See 47 U.S.C. § 227; 47 C.F.R. § 64.1200. The changes...more

Telemarketing: HIPAA Can Reverse the Charges Under the TCPA

The Telephone Consumer Protection Act (TCPA) generally limits automatically dialed and prerecorded telemarketing calls to wireless and residential phones. In the past, healthcare providers and other "advertisers" could rely...more

Recent California Decision Holds That Privacy/Data Breach Liability Covered Under “Traditional” Insurance Policy

In an October 7th decision, the United States District Court for the Central District of California upheld coverage under a commercial general liability policy for a hospital data breach that compromised the records of nearly...more

HIPAA Compliance And September 23, 2013 — The Day The World Did NOT End

Everyone old enough to remember will recall Y2K – the year our world was supposed to end in a catastrophic transition from December 31, 1999 to January 1, 2000. Instead, since we are still here, we all recall what happened –...more

Court of Appeal Upholds Ordinance Regulating Medical Marijuana

A trial court enjoined enforcement of a City of Los Angeles ordinance that regulates the number and geographic distribution of medical marijuana collectives. The court of appeal reversed the trial court’s order finding that...more

Is Your Photocopier HIPAA Compliant?

Health care providers are well aware of the Health Insurance Portability and Accountability Act of 1996 (HIPAA), taking precautions to ensure that protected health information (“PHI”) is protected on computers, phones, and in...more

Refill Reminder Exception to the Privacy Rule Created by the HITECH Act

The passing of the Health Information Technology for Economic and Clinical Health Act (HITECH) resulted in multiple changes regarding existing protection of protected health information (PHI) under the Health Insurance...more

HHS Issues Guidance on Permitted Remuneration for Prescription Refill Reminders in the Absence of Patient Authorization

On September 19, the Health and Human Services Department (HHS) issued guidance on the effect of the January 25, 2013 Final Rule provision about remuneration related to prescription refill reminders and medication adherence...more

Hearing to Address HIPAA Accounting of Disclosures

The HHS Office of Civil Rights (OCR) announced that the Health Information Technology (HIT) Policy Committee’s Privacy and Security Tiger Team will hold a virtual, public hearing on Monday, September 30 from 11:45 a.m. to...more

HHS Delays Require Changes to Notice of Privacy Practices for Certain Clinical Laboratories

Last week the Department of Health and Human Services (“HHS”) announced that it has postponed the Sept. 23, 2013, HIPAA Omnibus Rule deadline for many clinical laboratories to revise their notices of privacy practices...more

Recent Cases of Interest to Regulators

Investigative Powers - Sazant v. College of Physicians and Surgeons of Ontario, 2013 CanLII 22324 (S.C.C.), dismissing leave to appeal of a decision in 2012 ONCA 727 - In Sazant, a physician faced both criminal...more

HHS Makes Good On Its Promise: Releases HIPAA Guidance For Refill Reminder Programs

As previously reported, HHS announced earlier this month that it would be providing clarification on the HIPAA Privacy Rule as it relates to marketing and prescription refill reminder programs. On September 19, 2013, HHS...more

HIPAA Omnibus Rule Compliance Deadline

September 23, 2013, the deadline for compliance with the new Health Insurance Portability and Accountability Act (HIPAA) regulations, is here. Although there has been much discussion about the new regulations since they were...more

Cloud Computing: Healthcare Issues in a Digital Age – (Part Three)

What are the challenges of PII data storage and privacy on cloud computing platforms? How does a healthcare organization work with cloud computing vendors to address key information security and privacy compliance issues? ...more

OCR Delays Required Changes to Notices of Privacy Practices for Laboratories

The HHS Office of Civil Rights (OCR) has granted certain clinical laboratories a temporary reprieve from the requirement to update their Notices of Privacy Practices (NPPs) by September 23, 2013, the deadline imposed by the...more

It's Never Too Late To Give Guidance: OCR Starts Releasing HIPAA Omnibus Rule Guidance In Anticipation Of September 23 Compliance...

This has been a busy week for the Department of Health and Human Services / Office for Civil Rights (HHS/OCR). It has started releasing guidance on various provisions of the Omnibus HIPAA final rule (the "Final Rule") in...more

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