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HIPAA' s Criminal Charges Pack a Heavy Punch

Almost all healthcare providers and health plan administrators are familiar with the detailed requirements of the privacy and security rules under the Health Insurance Portability and Accountability Act (HIPAA). Violations...more

Status Updates - October 2014 #8

..Doctor in the mouse. What if you could input a list of your current symptoms to Google, and quickly be connected with a doctor for a brief consultation? For a limited trial period, Google seems to have set up such a system...more

Face video scan can trigger data protection breach?

Data protection breaches of health related sensitive data might occur through a mere video scanning an individual’s face according to a recent research....more

FBI Warning to Health Care Sector Holds True

In April of this year, the FBI issued a Private Industry Notification (PIN) to the health care industry warning of the “likely increase [in] cyber intrusions against health care systems.” In the same month, and into June of...more

Federal Prosecutors Bring Criminal Charges against Individual for Alleged HIPAA Violation

Federal prosecutors in the Eastern District of Texas recently brought criminal charges under the Health Insurance Portability and Accountability Act (“HIPAA”) against a former East Texas hospital employee. The former...more

OCR Proposes HIPAA Amendments to Address Gun Violence

As we previously reported, President Obama has made it a priority to improve the National Instant Criminal Background Check System (“NICS”). Last week, more than eight months after the issuance of a advance notice of...more

HHS Issues Privacy Rule Guidance for Law Enforcement Agencies

The Office for Civil Rights (OCR) of the Department of Health and Human Services recently announced the release of its guidance, “Health Insurance Portability and Accountability Act (HIPAA) Privacy Rule: A Guide for Law...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

New Survey Underscores Providers' Responsibility for Preventing Medical ID Theft

The Ponemon Institute's recent publication of its fourth annual 2013 Survey on Medical Identity Theft (Survey) confirmed what many in the healthcare industry already knew: identity theft is a serious and often overlooked...more

New Enforcement Guidance from the UK’s Information Commissioner’s Office

(LONDON) Who is on the ICO’s radar these days? August seems to be the month for getting new guidance documents out the door at the United Kingdom’s Information Commissioner’s Office. The UK ICO has just published guidance...more

Health Reform + Related Health Policy News - June 2013

In This Issue: - Top News ..CMS Finalizes MLR Rule for Plans, Maintaining Application to Part D Sponsors ..Early State Filings Show Premium Reductions under ACA ..HHS Received More Than 830 Letters of...more

Legal links of interest for the week ending June 7, 2013

Steven Getman: Legal links of interest for the week ending June 7, 2013 Attorney Steven Getman reports on some of the stories about courts, the law and lawyers in the news this past week: City's red light camera program may...more

HIPAA Enforcement: Unleashing The Dogs

Prosecutors are a fun bunch and they love their jobs and their mission – to prosecute law-breakers for violating the law. ...more

HHS Considers Amending HIPAA Privacy Rule to Permit Disclosure of Mental Health Information for Firearm Background Checks

Adding yet another wrinkle to the nation’s contentious gun control debate, the U.S. Department of Health and Human Services (HHS) has released an Advance Notice of Proposed Rulemaking (ANPRM) soliciting information and public...more

EMRs: The New Health Care Fraud Frontier?

Whether referred to as electronic medical records, electronic health records, or electronic patient records, there is no doubting the tremendous potential benefits that the digitization of medical data holds for the health...more

Multi-Million Medicare Fraud and HIPAA Conviction: A Cautionary Tale

The owner of a Long Island medical supply company was convicted last week on charges of a $10.7 million Medicare fraud and wrongful disclosure of private medical information under the Health Insurance Portability and...more

California Attorney General Creates Privacy Enforcement and Protection Unit; Increased Enforcement Likely

On July 19th, California Attorney General Kamala D. Harris announced the formation of a new Privacy Enforcement and Protection Unit within the state’s Department of Justice. The move is widely seen as a means of stepping up...more

HIPAA Criminal Penalties – Defendant May Be Found Guilty without “Knowledge” That Acts Are Illegal

Individuals who access protected health information without authorization may be found guilty of a misdemeanor even if they lack knowledge that their actions are illegal. ...more

Ninth Circuit Holds that Knowledge of HIPAA Is Not Necessary for Criminal Conviction

On May 10, 2012, the United States Court of Appeals for the Ninth Circuit held that an individual may be criminally convicted of knowingly obtaining health information in violation of HIPAA, even if the individual did not...more

Protected Health Information Case Sets Strong Precedent For HIPAA Compliance

The Ninth Circuit Court of Appeals has held that a misdemeanor conviction for obtaining protected health information (PHI) in violation of HIPAA privacy rules does not require proof that the defendant knew that his/her...more

Pro Te: Solutio - Vol. 4, No. 2 - May 2011

In this issue: Proof of Knowledge (Or Participation or Intent) Not Required; State Security Breach Notification Laws; and Coming Soon: HIPAA Gets a Facelift. Many in the industry have watched with concern the increasing...more

Supreme Judicial Court Finds Psychotherapist-Patient Privilege Bars Subpoena of Patient Records by Board of Registration in...

The Massachusetts Supreme Judicial Court held that the psychotherapist-patient privilege bars the Board of Registration in Medicine ("Board") from obtaining patient treatment records from a psychiatrist absent patient...more

Health Law Washington Beat: Recent Health Industry News - Issue 11

IN THIS ISSUE: *The United States Supreme Court Grants Petition for Review of a False Claims Act Case *HEAT in Action *The Health IT Policy Committee Releases Draft Recommendations on “Meaningful Use” Definition...more

State Regulation of De-Identified Health Information

Manatt recently teamed with health care privacy expert Janlori Goldman of Columbia’s Mailman School of Public Health to explore the public policy ramifications of state efforts to regulate use of patient de-identified health...more

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