News & Analysis as of

Health Privacy

Read need-to-know updates, commentary, and analysis on Health issues written by leading professionals.

New York Regulators Lead the Charge to Fill Health Data Protection Gaps Left by Federal Law

by Hogan Lovells on

New York AG Settles Data Protection Enforcement Against Mobile Health Apps - After a year-long investigation into mobile health apps claiming to be able to measure vital signs or health indicators through smartphone...more

A $31,000 Mistake: Failing To Manage Business Associate Agreements Proves Costly For Providers

The Center for Children’s Digestive Health (CCDH), a small, for-profit pediatric subspecialty practice that operates seven clinics in the Chicago area, has paid the U.S. Department of Health and Human Services, Office for...more

Rite Aid Wins Summary Judgment in TCPA Action Involving Prerecorded, Automated Call for Flu Shot Reminder

In an outright win for pharmacies, the U.S. District Court for the Southern District of New York, in the attached opinion, granted Rite Aid’s motion for summary judgment in a class action alleging violations of the TCPA....more

First HIPAA Settlement Involving a Wireless Health Services Provider

by Saul Ewing LLP on

?On April 24, 2017, the U.S. Department of Health and Human Services (HHS) Office for Civil Rights (OCR) announced that CardioNet, Inc. (CNI) agreed to pay $2.5 million and enter into a Corrective Action Plan (CAP) to settle...more

Mobile targeting: A ‘secret weapon’ for good or ill?

by Thompson Coburn LLP on

It’s an advertiser’s dream — the ability to target customers through their mobile devices, right to down to where they are and what they are doing. But can such precisely targeted messages become a recipient’s nightmare?...more

It’s Just Plain Risky Not to Do A Risk Analysis: Recent OCR Settlement One of Several Resulting from Failure to Analyze and...

by Williams Mullen on

On April 12, 2017, the Office for Civil Rights (“OCR”) announced a settlement and corrective action plan with a Colorado federally-qualified health center, Metro Community Provider Network (“MCPN”), after a 2012 breach of...more

HIPAA Refresher for Workplace Wellness Programs

Now more than ever, workplace wellness programs are becoming increasingly popular among employers. A common concern many employers have is how to design a meaningful workplace program intended to improve the health of...more

Health Care Group News: OCR Published Three HIPAA Settlements in Two Weeks, Signaling a Ramp Up of HIPAA Enforcement Activity

by Murtha Cullina on

Providers Beware: OCR Published Three HIPAA Settlements in Two Weeks, Signaling a Ramp Up of HIPAA Enforcement Activity: Make sure risk assessments, business associate agreements and policies & procedures are in place...more

Healthcare Advisory: HHS Announces First Settlement with a Wireless Health Services Provider

by Sherman & Howard L.L.C. on

On April 24, 2017, the Department of Health and Human Services, Office of Civil Rights (“OCR”), announced its first settlement with a wireless health services provider, CardioNet, Inc., for alleged violations of the Health...more

Ransomware Attacks: When Is Notification Required?

by Latham & Watkins LLP on

Ransomware is not only a growing security threat but a potentially thorny notification issue. Ransomware is one of the most prevalent cybersecurity threats afflicting businesses today. When an attack hits, a victim...more

Failure to Implement Business Associate Agreement Results in $31,000 Settlement For Health Care Provider

by Saul Ewing LLP on

On April 20, 2017, the U.S. Department of Health and Human Services (HHS) Office for Civil Rights (OCR) announced that Children’s Digestive Health (CDH) agreed to pay HHS $31,000 for its failure to have a business associate...more

The Center for Children’s Digestive Health Settles with OCR for $31,000

The Office for Civil Rights (OCR) has announced that it entered into a settlement with The Center for Children’s Digestive Health (CCDH) for $31,000.  CCDH is a small for-profit health care provider with seven locations in...more

An Opportunity to Shape Compliance with GDPR

by Hogan Lovells on

A close observer of the GDPR will have noticed that, in several places, individual EU Member States can implement derogations from the GDPR requirements. Of course, as a regulation under EU law there is less scope for local...more

HIPAA and the Cloud’s Shared Responsibility Models

by Snell & Wilmer on

Cloud-based service providers (CSPs), like Amazon Web Services and Microsoft Azure, offer online access to shared computing resources. As such, they have developed a “shared responsibility model” for how CSPs and companies...more

St. Jude Medical On Hot Seat for Cybersecurity Flaws in Home Monitoring System

The Food and Drug Administration (FDA) recently issued a warning letter to St. Jude Medical, alleging that it failed to properly investigate issues with the batteries in its defibrillator implants and for failing to fix the...more

Small Healthcare Provider Pays $31,000 for Failing to Have a Business Associate Agreement With File Storage Vendor

by Jackson Lewis P.C. on

Disclosing protected health information (PHI) to a business associate without a compliant business associate agreement (BAA) is an improper disclosure under the HIPAA privacy and security regulations. According to the HHS...more

Health Care Perspectives

With deep experience in the health care industry and a comprehensive understanding of its diverse participants, Katten attorneys serve as conference moderators and panelists, host accredited events, and produce webinars to...more

Deeper Dive: Frequency and Severity

by BakerHostetler on

All industries are affected by cyberattacks, but how often and to what extent they occur vary greatly by industry type. As for frequency, the healthcare industry in 2016, for the third year in a row, saw the greatest...more

OCR Levies Hefty Fine Against FQHC

Showing no signs of letting up on enforcement actions, the Office for Civil Rights (OCR) late last week settled an investigation against Metro Community Provider Network MCPN, a Colorado based federally qualified health...more

March Sees an Uptick in Health Data Breaches

The monthly breach report issued by Protenus last week outlining data breaches that occurred in the month of March concludes that there was an “uptick in the number of health data breach incidents.”...more

Phishing Incident Leads to $400,000 HIPAA Settlement

by Saul Ewing LLP on

?On April 12, 2017, the U.S. Department of Health and Human Services (HHS) Office for Civil Rights (OCR) announced that Metro Community Provider Network (MCPN) agreed to pay HHS $400,000 to settle alleged HIPAA Security Rule...more

FBI Warning on Cybercriminals Targeting FTP Servers to Compromise Protected Health Information

by Roetzel & Andress on

In March 2017, the Federal Bureau of Investigation (FBI) issued a Private Industry Notice (Notice) advising that the FBI is aware that cybercriminals are actively targeting File Transfer Protocol (FTP) servers in “anonymous”...more

Gone Phishin’: Hack Leads to HIPAA Settlement

While your business may indeed be a “victim” when hit by a phishing attack, your enterprise can also be responsible for violations of law associated with the incident. Earlier this week, the HHS Office for Civil Rights...more

Major League Baseball Wearable Tech Experiment Raises Athlete Privacy Issues

by King & Spalding on

On March 6, 2017, Major League Baseball (“MLB”) announced that it has officially approved a wearable biometric monitoring device (the “Device”) for in-game use by athletes. Created by WHOOP Inc. (“WHOOP”), the Device is the...more

$400,000 Settlement Highlights Need for Pre- and Post-Breach Safeguards

by Dickinson Wright on

The U.S. Department of Health and Human Services, Office for Civil Rights (OCR), has announced another Health Insurance Portability and Accountability Act of 1996 (HIPAA) settlement. This one is with Metro Community Provider...more

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