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FCC Releases Guidance on Autodialing and Pre-Recorded Voice Calls to Wireless Phone Numbers

This past July, the Federal Communications Commission (“FCC”) released a ruling (the “Ruling”) interpreting the Telephone Consumer Protection Act (“TPCA”) restrictions on certain communications to wireless telephone numbers....more

Illinois Passes Authorized Electronic Monitoring in Long-Term Care Facilities Act

On Friday, August 21, 2015, Illinois Governor Bruce Rauner signed into law Public Act 099-0430, the Authorized Electronic Monitoring in Long-Term Care Facilities Act, which permits a resident of a nursing home and her family...more

Corridors September 2015 - News for North Carolina Hospitals

This article will provide an outline of some of the most significant points for hospitals to use when confronted with a formal government investigation under the Criminal or Civil False Claims Act. As noted below, you should...more

The Top Six Things You Need to Know About the Internet of Things: A Legal Perspective

IoT is discussed in the media more and more frequently. It has important social, economic and legal implications, most of which are yet to be fully understood. The following sets out a brief list of things you should...more

“Everything Old is New Again” – Issues in Recent Cyber Insurance Litigation

Early days still for coverage litigation about cyber risks – whether under cyber insurance policies or other types of policies. This is not surprising given the relatively short history of cyber risks and even shorter history...more

Massachusetts Hospital Agrees to Six-Figure Payment Related to HIPAA Compliance Allegations

St. Elizabeth’s Medical Center (SEMC), a tertiary care hospital based in Brighton, Mass., agreed to pay $218,400 to address deficiencies in its HIPAA compliance activities. The SEMC settlement continues a pattern of...more

Insurer Seeks Declaratory Judgment Against Policyholder for Data Breach

Late last month, Columbia Casualty Company instituted a declaratory judgment lawsuit in the United States District Court for the Central District of California against its insured, Cottage Health System. Columbia Casualty...more

Blog: HIPAA FAQ Series: Are Covered Entities and Business Associates Required to Encrypt PHI?

The Health Insurance Portability and Accountability Act (HIPAA) mandates that both Covered Entities and Business Associates protect the security of Protected Health Information (PHI) in a variety of ways. Specifically,...more

Gavel to Gavel: Protect your data

The ever-increasing expense of corrective actions taken by companies after data breaches is often publicized. What’s not as apparent, or as publicized, are steps companies can take that may reduce the costs and the likelihood...more

Cloud Computing Contracts Top Issues for Healthcare Providers

In this Issue: - Summary - Overview - Cloud - Use - Security - Privacy - Functions - Availability - Performance - Location - Services -...more

Spotlight on Responsibility and Accountability: OIG’s New Compliance Guidance for Health Care Governing Boards

On April 20, 2015, the Office of the Inspector General of the U.S. Department of Health and Human Resources (“OIG”), in collaboration with the American Health Lawyers Association, the Association of Healthcare Internal...more

HIPAA Enforcement Remains a Concern for Providers of All Sizes

On Monday, April 27, 2015, the Department of Health and Human Services ("HHS"), Office for Civil Rights ("OCR") announced a settlement with Cornell Prescription Pharmacy ("Cornell"). Under the Resolution Agreement, Cornell...more

OCR Settles Alleged HIPAA Violations with Small, Single Location Pharmacy for $125,000 – Emphases Importance for Secure Disposal...

The U.S. Department of Health and Human Services (HHS) Office of Civil Rights (OCR) announced yesterday a new settlement relating to potential violations of the Health Insurance Portability and Accountability Act of 1996...more

Colorado Compounding Pharmacy Enters Six-Figure Settlement Agreement to Settle Alleged HIPAA Privacy Rule Violations

On April 27, 2015, the U.S. Department of Health and Human Services (HHS) announced that Cornell Prescription Pharmacy (CPP), a single-location pharmacy in the Denver, Colo. metropolitan area, agreed to settle alleged HIPAA...more

ONC Updated Electronic Health Information Privacy/Security Guidance

The Office of the National Coordinator for Health Information Technology (ONC) has released a revised Guide to Privacy and Security of Electronic Health Information. The guide is intended to help health care providers –...more

Regulators Examining Cybersecurity Policies and Practices for the Insurance Industry

Shortly after the discovery of a cybersecurity breach at the health insurance company Anthem, Inc., the National Association of Insurance Commissioners (NAIC) called for a multi-state examination of Anthem’s cybersecurity...more

Significant Guidance Released Regarding HIPAA Compliance

The Office of the National Coordinator for Health IT (ONC) released an updated version of the 2011 Guide to Privacy and Security of Electronic Health Information (Guide). The 62-page Guide provides significant guidance to...more

Blog: HIPAA FAQ Series: Do You Need a BAA with Your Mail Carrier?

This week, the HIPAA FAQ series continues with a topic about business associate agreements (BAAs). Most Covered Entities and Business Associates are familiar with general BAA obligations. ...more

Toss or Keep Document Retention in a Hospital Setting

Deciding how long to hold on to specific records in your hospital can be a challenging task, especially when the facility deals with so many different types of records. You may be tempted to hold on to everything indefinitely...more

Beware medical records subpoenas: Connecticut Supreme Court issues opinion on negligence for noncompliance with HIPAA standards

Health care providers and their medical records custodians constantly find themselves under pressure to release medical records immediately upon receipt of a subpoena. However, regardless of the subpoena or the pesky...more

Locke Lord QuickStudy: Montana and Wyoming Update Data Breach Laws

Montana and Wyoming have recently revised their data breach notification laws including their definitions of what constitutes Personally Identifiable Information (PII) subject to breach notification. ...more

Blog: HIPAA FAQ Series: Are Covered Entities Liable for Business Associates’ HIPAA Violations?

This post marks the beginning of a new series on this blog covering various frequently asked questions regarding the Health Insurance Portability and Accountability Act (HIPAA). ...more

New FDA Guidance Opens the Door for Electronic Consent Forms That Come with Significant Advantages and Raise Privacy and Secure...

On March 9, 2015, the U.S. Food and Drug Administration (FDA) published a draft guidance that allows for the use of electronic informed consent (eIC) in human clinical trials. eICs have the potential to...more

HIPAA and “Meaningful Use” Audits: Issues to Consider and How to Prepare

As more and more providers adopt electronic health records (“EHRs”) systems (and with new regulations concerning their required use for purposes of Medicare billing for chronic care management, their popularity can only...more

California Prosecutors Settle PHI Breach with Retailer

Beginning in 2012, California environmental regulators and others began investigating the grocery store chain Safeway relating to the company’s waste disposal practices. During the investigation, certain documents listing...more

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