Consumer Protection, Insurance, Privacy

HHS Empowers Consumers to Know (and Enforce) their Rights Under HIPAA

by Ryan Blaney | Proskauer - Privacy & Data Security on 5/9/2013

The U.S. Department of Health and Human Services (HHS) Office for Civil Rights (OCR) published on its website a series of factsheets designed to educate consumers unfamiliar with their rights under the Health Insurance...more

Cyber Risk Insurance May Cost More Than You Think

by Thomas Caswell, III | Zelle Hofmann Voelbel & Mason LLP on 5/9/2013

Since 2003, all but four states have enacted laws concerning data breaches and the protection of consumers’ personal information. This regulation of electronic data containing personal information and the protection of such...more

Special Edition: Health Law Update - February 28, 2013

by Anne Foster, Cory Fox, Susan Whittaker Hughes, Theodore Kobus III, Jennifer Mills, John Mulhollan, Lynn Sessions, Kimberly M. Wong | BakerHostetler on 3/1/2013

In This Issue: - A Baker's Dozen of Significant Changes From the HIPAA/HITECH Rule 1. Business Associates and Subcontractors 2. Breach Notification 3. Covered Entity Organizational Structures 4. Cloud...more

HIPAA Omnibus Final Rule Imposes New Obligations on Business Associates

by Elizabeth F. Hodge | Akerman Senterfitt on 2/12/2013

On January 25, 2013, the Department of Health and Human Services/Office for Civil Rights (HHS/OCR) published in the Federal Register (78 Fed. Reg. 5566) the long-awaited final rule titled Modifications to the HIPAA Privacy,...more

The Omnibus Final HIPAA Rule Is Here

by Henry Fader, Sharon Klein, Rebekah Monson | Pepper Hamilton LLP on 1/29/2013

On January 17, 2013, the Office of Civil Rights of the U.S. Department of Health and Human Services (HHS) announced the omnibus final rulemaking (Omnibus Rule). According to HHS, this Omnibus Rule is needed to strengthen...more

HHS Issues HIPAA/HITECH Omnibus Final Rule Ushering in Significant Changes to Existing Regulations

by Stacy H. Barrow, Ryan Blaney, Roger Cohen, Herschel Goldfield, Edward Kornreich, Kristen Mathews, Ellen Moskowitz, Richard Zall | Proskauer Rose LLP on 1/29/2013

"Sweeping changes" is how Leon Rodriquez, of the Department of Health and Human Services Office of Civil Rights (OCR), characterized the effect of the final omnibus Health Insurance Portability and Accountability Act (HIPAA)...more

HHS Issues New HIPAA Rules

by BuckleySandler LLP on 1/28/2013

On January 17, the Department of Health and Human Services (HHS) issued a new rule under the Health Insurance Portability and Accountability Act (HIPAA). The omnibus rule is intended to enhance patient privacy protections,...more

New HIPAA Breach Notification Rule May Prove Costly for HIPAA-Covered Entities

by Lisa Clark, Erin Duffy | Duane Morris LLP on 1/28/2013

On January 17, 2013, the U.S. Department of Health and Human Services (HHS) announced a final omnibus rule amending the Health Insurance Portability and Accountability Act of 1996 (HIPAA) in accordance with the HITECH Act of...more

OCR Releases Sample Business Associate Agreement Provisions

by Kimberly J. Gold | Mintz Levin - Health Law on 1/28/2013

The Department of Health and Human Services, Office for Civil Rights (OCR) has posted on its website sample business associate agreement provisions to help covered entities and business associates comply with the new business...more

HHS OIG Takes Aim At CMS’ Oversight Of Electronic Health Records Incentive Program

by Joel R. Levin, Jerica L. Peters, David B. Robbins | Perkins Coie on 12/7/2012

On November 29, 2012, the U.S. Department of Health and Human Services (HHS) Office of Inspector General (OIG) issued a report raising concerns about the Centers for Medicare and Medicaid Services’ (CMS) oversight of the...more

The TCPA- US Court Of Appeals For The Eighth Circuit Holds Insurer Liable For $2 Million Verdict

by Burr & Forman on 10/1/2012

Owners Ins. Co. v. European Auto Works, Inc., No. 11-3068, 2012 WL 4052406 (8th Cir. Sept. 17, 2012). At issue in the declaratory judgment action filed by Owners Insurance Company against European Auto Works, Inc. was...more

Five Credit Counseling Compliance Tips and Best Practices for the New Year

by Venable LLP on 1/13/2012

With the start of the New Year, it's time for credit counseling agencies to think about ways to enhance legal and regulatory compliance. Here are some tips on topics that you may not know about. 1. Reduce the Threat of...more

TCPA Claims Arising From Junk Faxes Do Not Allege Unexpected or Unintended 'Property Damage'

by Sedgwick LLP on 8/4/2011

U.S. District Court for the Northern District of Illinois In Maxum Indem. Co. v. Eclipse Mfg. Co., ___ F.Supp.2d ___, (N.D. Ill. June 13, 2011), the U.S. District Court for the Northern District of Illinois held that...more

Sony insurer challenges cyber liability claim; denies coverage

by Dan Strigberger on 7/27/2011

There is little doubt that the insurance industry will be seeing increased claims from insureds facing “cyber liability”. Insurers responding to such claims need to turn their minds to coverage issues for...more

And the New HIPAA Cop Is … HHS Appoints Contractor to Conduct HIPAA Privacy and Security Audits

by Davis Wright Tremaine LLP on 7/5/2011

On June 10, 2011, the Department of Health and Human Services (HHS) awarded to KPMG a $9.2 million contract to create an audit protocol and then audit covered entities’ and business associates’ compliance with the privacy and...more

The California Supreme Court Issues Unanimous Opinions Addressing Insurance, Consumer Protection and ADR

by Sedgwick LLP on 2/22/2011

• Insurance – In Century-National Ins. Co. v. Jesus Garcia, the court held that a fire insurance policy could not exclude coverage for innocent insureds because of the intentional acts of another insured; in this case the...more

Time to Check Whether Your Insurance Policies Cover Lawsuits Alleging Misuse of Advertising Software and Cookies

by Nick Akerman on 10/4/2010

In the past six months approximately 6 class action lawsuits have been filed in Los Angeles federal district court against various companies for violations of the Computer Fraud and Abuse Act (“CFAA”), Title 18...more

P&C Insurers Are Not “PHR Vendors” Under FTC HITECH Rule

by Morrison & Foerster LLP on 2/2/2010

The Federal Trade Commission's (“FTC”) Health Breach Notification Rule (“Rule”) requires vendors of “personal health records” (“PHR vendors”) to notify consumers and the FTC in the event that the security of personally...more

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Consumer Protection › Insurance › Privacy