Education Privacy Health

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U.S. Department of Education Issues Guidance on Student Medical Records

On September 14, 2016, the Department of Education (DOE) issued a “Dear Colleague Letter” to provide guidance on the application of the Family Educational Rights and Privacy Act (FERPA) to the disclosure of student medical...more

Family Policy Compliance Office Issues FERPA Privacy Guidelines

Institutions of higher education frequently offer students access to on-campus medical services resulting in institutionally maintained student medical records. These services have grown over the last several years and, in...more

Department of Education Issues New Guidance on Disclosure of Student Medical Records

The Family Policy Compliance Office at the U.S. Department of Education (the Department) recently released "significant guidance" on the application of the Family Educational Rights and Privacy Act (FERPA) to the release of...more

Heal Thyself: Insider Threats to Heed, Especially for Industries with Large Amounts of Personal Information

A recent study by the Ponemon Institute found that insider threats due to malicious or negligent employees are the leading cause of private-sector cybersecurity incidents. Of the over 600 information security professionals...more

University of Mississippi to Pay $2.75 Million for Alleged HIPAA Violations

On July 21, 2016, the Office for Civil Rights (OCR) at the Department of Health and Human Services (HHS) announced a settlement with the University of Mississippi Medical Center (UMMC), stemming from a 2013 breach of...more

2.7 Million Dollar HIPAA Settlement

Last week, Oregon Health & Science University (“OHSU”) agreed to pay $2.7 million to resolve potential violations of the Health Insurance Portability and Accountability Act of 1996 (“HIPAA”) Security Rule, Privacy Rule, and...more

Top Takeaways from IAPP

The world of privacy grows every day as more data goes through the cloud. The new trends and weekly data breaches make conferences like the Global Privacy Summit all the more relevant. Earlier this month we went to...more

Blog: University of Rochester Medical Center Reaches Agreement to Settle Alleged HIPAA Breach

Last week, the University of Rochester Medical Center (URMC) reached agreement with the New York Office of the Attorney General (NYOAG) to settle alleged violations of the Health Insurance Portability and Accountability Act...more

U.S. Department of Education issues FERPA guidance related to medical information

In conjunction with the new school year, the U.S. Department of Education issued guidance, in the form of a “Dear Colleague” letter, to higher education institutions to remind them of FERPA’s requirements as they relate to...more

Using Student Medical Records: Department of Education Issues New Guidance

When is it legal and proper for higher education institutions to use student medical records other than for a student's healthcare? In answering that question, institutions have to balance students' privacy interests,...more

Privacy and Security Guidance: Cloud Computing in the MUSH Sector

I. Purpose of this Guidance Document and How to Apply - This document is intended to be used by decision makers in the MUSH Sector when considering using cloud services....more

HIPAA Breach Affects Many Western New York School Districts

Recently, a national BlueCross BlueShield affiliate, Anthem, Inc., discovered that its information technology systems was hacked. The information believed to have been accessed includes names, member ID numbers, dates of...more

And They’re Off!! The Maryland Legislative Session Has Begun

Maryland has begun its legislative session and PK Law is monitoring bills of interest. Bear in mind that the session is early on and many changes may take place during the 90 days the General Assembly is seated. Here are...more

New California Privacy Laws

California continues to lead the way in passing new or updating existing data protection legislation. The weekly disclosure of new data breaches that involve retail and other corporations has focused the general public...more

Recent Changes to California Laws - the Healthcare Perspective

Workers’ Compensation Insurance for Professional Athletes - AB 1309; Labor Code §3600.5 - The efforts made by professional athletes seeking workers’ compensation benefits for injuries that they sustained on the...more

Class Action Plaintiffs Look to Fair Credit Reporting Act for Private Relief from Data Breaches Involving Health Information

A recent class action brought against the University of Miami (“University”) previews what could become an emerging trend among plaintiffs’ class action attorneys to seek damages for the unauthorized disclosure of personal...more

Perspectives - June 2014

In This Issue: - Staying in Compliance While Giving or Receiving Electronic Health Record Systems - When Donations Cross the Line - House Bill 296 Signed into Law to Increase Access to Epinephrine Autoinjectors...more

Weekly Update from the State House - March 21, 2014: The House focused on "South Carolina Pain Capable Unborn Child Protection...

Details from Each Chamber: HOUSE - The House moved through the Calendar this week, focusing much of their time debating H. 4223, the "South Carolina Pain Capable Unborn Child Protection Act". The bill, which bans...more

And the hits keep on coming……..

The ”hits” to data bases, in any event. Here is a rundown of some of the most recent data breach reports – Oregon Health & Science University Data Breach Compromises 3,000 Patients’ Records in the Cloud. Modern...more

U.S. DOE and DESE Issue Revised Requirements for Parental Consent to Access a Student’s MassHealth (Medicaid)

The U.S. Department of Education recently revised the federal regulations under the I.D.E.A., Part B, relating to parental consent to access Medicaid. On June 13, 2013, the Massachusetts Department of Elementary and Secondary...more

Is Your Firewall On? Are You Sure? Idaho State University Settles Privacy Rule Violations for $400,000

The HHS Office of Civil Rights (OCR) recently announced a $400,000 settlement with Idaho State University (ISU) following a lengthy investigation of the privacy and security practices at ISU outpatient clinics. In addition to...more

Employment Law Blog: Regzilla Stomps Another One! - Idaho State University and the Compliance Gap Analysis

Presumably at this point HIPAA, HITECH and the Omnibus Regulation have been published, digested and everyone is in full compliance with the requirements that have been set forth....more

Large Educational/Health System Targeted For HIPAA Enforcement

Idaho State University (ISU) was recently the target of an investigation and enforcement action for violations of the privacy and security rules of the Health Insurance Portability and Accountability Act (HIPAA)....more

Time to Take Advantage of HIPAA Omnibus Rule's "Good News": Fundraising, Research, and Student Immunization Records

The Omnibus Rule went into effect on March 26, 2013. While covered entities and business associates have until Sept. 23, 2013, to comply with new restrictions and obligations, they can take advantage of the rule’s benefits...more

Massachusetts’ Department of Education Issues Guidance on Gender Identity Law

On November 23, 2011, Governor Deval Patrick signed into law “An Act Relative to Gender Identity” (Chapter 199 of the Acts of 2011). It went into effect on July 1, 2012, amending M.G.L. ch. 76, § 5 to prohibit discrimination...more

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