Health Privacy

Read need-to-know updates, commentary, and analysis on Health issues written by leading professionals.
News & Analysis as of

IEEE Releases Med Device Cybersecurity Guidelines

Amid myriad media reports about potential vulnerabilities in medical device cybersecurity and the FDA’s efforts to strengthen medical device cybersecurity, the IEEE Cybersecurity Initiative released a report entitled...more

Plan for the Worst, Hope for the Best: Why You Must Have a HIPAA Risk Assessment

When the Office for Civil Rights (“OCR”) auditor drops by your health facility to ensure that you are complying with HIPAA, one thing is for certain: he will be asking to see your Risk Assessment. Do you have one? Is it...more

EEOC’s Proposed Rule on Employee Health Wellness Programs

On June 19, 2015, public comments were submitted for the EEOC’s much anticipated proposed rule to amend the Title I of the ADA to clarify how the statute applies to certain employee health wellness programs. The EEOC’s stated...more

Patients poised to record doctor's visits?

The question of whether patients should be permitted to record interactions with their doctors, and when and how it is best to do so, has become a highly contentious issue to navigate in today’s increasingly complex medical...more

FIN4 May Have Embarked on a Risky Hacking/Insider Trading Strategy

I haven’t yet turned to a life of crime, so far be it from me to criticize actual criminals’ profit-maximizing strategies. It’s easy for me to nitpick, but I’m not the one strapping on my mask and trying to earn a...more

Laws Governing Data Security and Privacy – U.S. Jurisdictions at a Glance

The below chart constitutes a summary of the laws of various jurisdictions that govern data breach notifications...more

Antitrust Law Issues for Health Care Providers [Video]

During this webinar, panelists examined recent developments in antitrust law and discuss the potential impact on health care providers. Key topics included: • Trends in health care competition after the ACA, with a focus...more

Two House Bills seek to address sharing of mental health information under HIPAA

The Health Subcommittee of the U.S. House Energy and Commerce Committee held a hearing last week to consider two bills addressing current limits on the sharing of mental health information under HIPAA. The first bill, the...more

Oregon Expands Data Breach Law

The modified law will expand the definition of personal information to include medical information and physical characteristics, and require notification to the state Attorney General. Businesses with customers in Oregon...more

A New Era of HIPAA Enforcement

Traditionally, HIPAA enforcement is assigned to the Department of Health and Human Services’ Office for Civil Rights (OCR). In November 2013, Health and Human Services’ Office of Inspector General sharply criticized OCR’s...more

Health care worker sent to jail for HIPAA violations

When we train employees on HIPAA, we always remind them that HIPAA violations carry significant penalties-both civil and criminal. Our favorite line is “Keep your day job.” Stealing patient information is never worth the...more

Upcoming HIPAA Audits May Target Financial Institutions—Here’s How to Prepare

Much like a tornado watch, the conditions appear to be right for a coming storm: the upcoming Phase 2 HIPAA audits. The Department of Health and Human Services Office for Civil Rights (OCR) has begun verifying contact...more

Connecticut Legislature Passes Bill Mandating Identity Theft Protection Services Following Data Breach

Connecticut’s legislature has passed a bill that imposes strict new timing requirements for entities conducting business in the state that experience a data breach, which Governor Malloy reportedly intends to sign into law. ...more

Advocate Health data breach class action suit dismissal upheld by Appellate Court

In August of 2013, four computers of Advocate Health and Hospitals Corporation (Advocate Health) were stolen from one of its offices. The computers contained the names, dates of birth, Social Security numbers, health...more

FCC Uses Industry Requests for TCPA Clarity to “Close Loopholes” and “Empower Consumers” Rather Than to Afford More Than Token...

The Federal Communications Commission (FCC) adopted a Declaratory Ruling and Order that resolves 19 petitions for declaratory ruling, one rulemaking petition and one petition for clarification, all arising out of an upsurge...more

FCC Approves TCPA Clarifications that Increase Potential for Liability

The Federal Communications Commission, in a divided vote, approved an order clarifying several long-simmering Telephone Consumer Protection Act (TCPA) issues. While the order has not been officially released, the...more

The Internet of Things

In this Presentation: - Internet of Things - definition - But what is it all about? - But not just that... - The IoT market in figures... - Beecham Research - view of the World - The Connected...more

Medical Informatics Engineering discloses data breach

Electronic health record (EHR) vendor Medical Informatics Engineering and its subsidiary, NoMoreClipBoard, which is a personal health record (PHR) product, notified its EHR clients and PHR individuals that it has been the...more

Blog: HIPAA FAQ Series: Does HIPAA Protect the PHI of Deceased Individuals?

In order to protect the privacy and security of patients’ information, the Health Insurance Portability and Accountability Act (HIPAA) imposes substantial obligations on covered entities (certain providers, plans, and health...more

An Unforgiving NLRB Holds That Protecting Patient Data Under HIPAA Can Still Violate Section 7 Rights

It would make sense that the systems housing patient records at a physician’s office should be protected by a robust duty on the part of the physician’s employees to keep such records confidential. The purpose, of course, is...more

DOL Issues Updated FMLA Notices and Forms Addressing GINA "Safe Harbor" Language Requirements

The U.S. Department of Labor (DOL) recently issued new versions of the agency's template Family and Medical Leave Act (FMLA) notices and certification forms, which have been approved for use for the next three years.  The new...more

DOL Releases Updated FMLA Health Care Provider Certification Forms - Employers: Begin Using the New Forms Immediately; Note the...

The U.S. Department of Labor (DOL) recently published updated health care provider certification forms for employers to provide employees who request leave under the Family and Medical Leave Act (FMLA) due to any one of the...more

EEOC Guidance: Redesigning Wellness Programs to Comply with the ADA

Although the Equal Employment Opportunity Commission (EEOC) has been actively taking legal action against employers over wellness programs that it considers coercive under the Americans with Disabilities Act (ADA), companies...more

Pennsylvania Court Dismisses Data Breach Claims

In 2014, the University of Pittsburgh Medical Center’s computer system was hacked, resulting in the disclosure of sensitive personal information of current and former employees, including names, addresses, birthdates, social...more

New 2015 Laws Update Data Breach and Identity Theft in Washington and Oregon - Both States Set New Requirements for Notifying...

Washington and Oregon both recently updated laws that define data security and incident response requirements for breaches of consumers’ personal information. Details of these new requirements for each state are...more

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