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Privacy Tuesday – November 2014 – Five Things to Start Your Week

Welcome to Privacy Tuesday – here are five privacy & security bits and bytes to start your week: 1) California AG’s Data Breach Report: Who Is Handling Your Patients’ Confidential Health Information? - The...more

Lawsuit Against Medtronic Alleges Racketeering Over Infuse Bone Graft

When one big industry sues another we learn a lot about how business as usual is conducted. In this case Humana, a giant health insurer, has sued the medical device company Medtronic, maker of the Infuse bone graft. ...more

BELGIUM: Privacy Commission shows its teeth by setting up dedicated infringement task force

Yesterday, the Belgian Privacy Commission’s announced its intention to make enforcement its number one priority: - A dedicated inspection task force will be set up pro-actively monitoring companies and organisations...more

HHS To Revamp Limits On Payments To Pharmacies For Refill Reminder Programs

The HIPAA Privacy Regulations have long required covered entities to seek a patient authorization in order to use or disclose protected health information ("PHI") for marketing purposes. However, the Office for Civil Rights...more

OCR Guidance to Address HIPAA Marketing Turmoil

In response to a recent lawsuit and outcry from a variety of players in the health care market, the Department of Health and Human Services (“HHS”) has committed to issuing guidance by September 23rd (the compliance date for...more

The Countdown Begins – Sunshine Act Data Collection

With the August 1 deadline for data collection under the Physician Payments Sunshine Act (the “Act”) looming, CMS recently released two mobile applications (“Apps”) to help physicians and industry track payments and transfers...more

mHealth Revenue Models: Finding the Right One for the Right App

One of the potentially thorniest issues that healthcare application developers should consider is what business model to employ in order to generate revenue, as this element of the business strategy has many facets and can be...more

Birmingham Medical News: I-Phone Or HIPAA-Phone?

With the recent issuance of the long-awaited final rule by the Department of Health and Human Services ("HHS"), the protection of patient information has been a hot topic among the health care industry the past few months....more

South Carolina Court Holds No Coverage for Blast Fax Case Under E&O Policy

In its recent decision in BCS Ins. Co. v. Big Thyme Enters., 2013 U.S. Dist. LEXIS 20051 (D.S.C. Feb. 14, 2013), the United States District Court for the District of South Carolina had occasion to consider whether an alleged...more

FCC Creates an Annual $400 Million Healthcare Connect Fund for Broadband Services and Infrastructure

On Dec. 21, the FCC released its long-awaited Report and Order reforming its funding mechanisms for rural health care by creating a Healthcare Connect Fund (HCF) of $400 million annually....more

Limiting Potential Liability for Off Label Drug Marketing Through Risk and Claims Management,

Originally published in Bloomberg Law Reports, July 15, 2011. As plaintiffs’ law firms and state and federal governments continue to scrutinize “off-label marketing,” drug manufacturers may become increasingly...more

E-mailer Beware: Texas Doctors Who Use E-mail Must Maintain Certain Policies and Procedures

While most businesses and industries have adopted electronic mail as a standard means of communications, this is not the case for many physicians. Although physicians and other health care providers may use e-mail to...more

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