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NIST releases draft guide for use of mobile devices for medical providers

The National Institute of Standards and Technology (NIST) cybersecurity center released a draft guide last week for health IT professionals to use to bolster security for the use of mobile devices in the health care industry....more

Guest Post - Just the Fax, Ma’am

While Bexis is on vacation, here is a guest post to take up some of the slack. Our guest blogger today is Henry Pietrkowski, a partner in Reed Smith's Chicago office. This one's a little different. It's about the impace of...more

FCC Ruling Addresses Robocalls by Health Care Providers

Mintz Levin’s Communications Practice recently released a Communications Advisory discussing a Declaratory Ruling and Order released by the Federal Communications Commission (FCC). The ruling clarified and expanded the reach...more

Cloud Sharing Apps Scrutinized for ePHI

In a relatively short time period, the direct costs of document storage have dropped precipitously, and cloud-based document storage has become ubiquitous. Clearly, this is a wave of the future. But a recent settlement...more

US Federal Communications Commission’s Recent Order Expands Potential Liability under the Telephone Consumer Protection Act for...

“This Order will make abuse of the TCPA much, much easier. And the primary beneficiaries will be trial lawyers, not the American public.” That’s what FCC Commissioner Ajit Pai had to say in his dissent from the FCC’s recent...more

FCC Order Creates New TCPA Challenges for Companies

As previously reported, the Federal Communications Commission recently approved a Declaratory Ruling and Order (the Order) addressing a number of petitions that requested the FCC clarify its interpretations of the Telephone...more

The Sixth Circuit Further Defines “Advertisement” Under the Telephone Consumer Protection Act

Last month, in a case of first impression, the Sixth Circuit Court of Appeals issued an opinion finding that unsolicited faxes intended strictly for informational purposes were not “advertisements” and therefore not...more

HIPAA and Jason Pierre-Paul’s Medical Chart – Setting the Record Straight

Last night, ESPN reporter Adam Schefter tweeted a photo of New York Giants defensive end Jason Pierre-Paul’s medical chart, which chart indicated that Pierre Paul had his index finger amputated. The amputation was apparently...more

Connecticut Enacts Act concerning the facilitation of telehealth

Public Act 15-88 is the first comprehensive law in Connecticut to address telemedicine (also referred to as “telehealth”), and to establish regulatory requirements for providing telehealth services, and mandates certain...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

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

Telesurgery: A New Frontier or Just Risky Business?

Security experts at the University of Washington in Seattle recently set out to expose potential privacy and security vulnerabilities that exist in telesurgery. As first reported by MIT Technology Review, experts hacked a...more

Partners HealthCare Hit with Phishing Expedition Exposing 3,300 Patient Records

Late last week, Partners HealthCare announced that it notified approximately 3,300 patients of a security breach involving a hacking incident where intruders accessed medical and personal information of patients....more

BakerHostetler Data Security Incident Response Report Shows Human Error is More Often to Blame

Human error was the number one cause of data security incidents according to a new report released today by the Privacy and Data Protection Team at BakerHostetler. In the incidents that the firm worked on last year, employee...more

Can My U.S. Company Offer Online Second Opinions in China?

This post is the sixth in Foley’s blog series, “Realizing the Potential of Telemedicine in China,” meant to address top issues facing U.S. companies looking to enter the Chinese telemedicine market. As U.S. companies continue...more

Legal and Regulatory Landscape for Mobile Health Technologies

Mobile health (mHealth) technologies continue to expand in application and implementation. Over the past decade, the breadth of these technologies has grown from the creation of healthcare-directed websites (think WebMD) to...more

Dazed and Confused: The TCPA’s Health Care-Related Call Exemption

In early 2012, Robert Kolinek received an automated call on his cell phone from Walgreens reminding him to refill an eligible prescription. Despite the fact that even the plaintiff’s lawyers ultimately acknowledged that these...more

Healthcare Legal News Volume 5 Number 2

According to a recent study by Accenture, by 2017 approximately 18 percent of the American public will purchase insurance through exchanges versus relying on traditional employer healthcare coverage or foregoing insurance...more

Walgreen Settles Prescription Robocall Suit for $11 million

Walgreen Co. this week settled a putative class action law suit alleging that it violated the Telephone Consumer Protection Act (TCPA) for $11 million. The plaintiffs alleged that Walgreen violated TCPA when it placed...more

FDA Issues Guidance on Mobile Medical Devices

The Food and Drug Administration’s recent guidance on mobile medical applications illustrates the FDA’s growing efforts to combat emerging cybersecurity issues that affect patient safety. The guidance, issued in February...more

Health Update - March 2015

Supporting Informed Decision Making in the Health Insurance Marketplace: A Progress Report - Editor’s note: As Affordable Care Act (ACA) implementation moves forward and the marketplace continues to evolve, there is a...more

Consumer Health Information Update from Both Sides of the Atlantic

As we reported in May 2014, the Federal Trade Commission (FTC) convened stakeholders to explore whether health-related information collected from and about consumers — known as consumer-generated health information (CHI) —...more

Tapping Into the Big Value of Health Care Big Data

In This Issue: - Executive Summary - Improving Care by Tapping Into the Data Goldmine - Big Opportunities Available in Big Data - Government Programs Supporting the Use of Big Data -...more

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