Privacy, Health Law

"Eye on Privacy" Newsletter - May 2013

by Wendell Bartnick, Cedric Burton, Caitlin Courtney, Wendy Devine, Tonia Klausner, Anna Pateraki, Tracy Shapiro, Gerard Stegmaier | Wilson Sonsini Goodrich & Rosati on 5/17/2013

In this issue: - FTC Issues New Guidance for Disclosures in Online Advertising - European Regulators Opine on "Purpose Limitation" Principle – What Constitutes "Compatible Use" in the Context of Big Data? -...more

The Legal and Regulatory Landscape for Wellness Plans: The Affordable Care Act and Beyond

by Katharine O. Beattie, Patricia Moran | Mintz Levin - Health Law on 5/15/2013

The Patient Protection and Affordable Care Act (the ‘‘Act’’) generally encourages employers to adopt wellness plans and programs in conjunction with their group health plans. Wellness plan vendors tout these arrangements with...more

FTC Approves Order Settling Data Breach Charges

by BuckleySandler LLP on 5/15/2013

On May 3, the FTC approved a final order settling charges against a California-based cord blood bank firm alleged to have violated the FTC Act by failing to use reasonable and appropriate procedures for handling customers’...more

Employers – Are You Updating Your HIPAA Documents?

by Jewelie Grape | Leonard, Street and Deinard - Employee... on 5/15/2013

The Department of Health and Human Services released final Health Insurance Portability and Accountability Act (HIPAA) privacy and security regulations on January 25, 2013. ...more

HHS Expands HIPAA Privacy Compliance Requirements

by Robert Bohner | Sedgwick LLP on 5/10/2013

On January 25, 2013, the Department of Health and Human Services (HHS) published its final rule, which implements the regulatory changes imposed on business associates found in the Health Information Technology for Economic...more

Controversial U.S. Medical Study Raises Informed Consent Questions

by Michael Werner | Holland & Knight LLP on 5/10/2013

The recent controversy surrounding a study of newborn babies in universities across the United States demonstrates the importance of compliance with human subject protection regulations in medical research....more

HHS Empowers Consumers to Know (and Enforce) their Rights Under HIPAA

by Ryan Blaney | Proskauer - Privacy & Data Security on 5/9/2013

The U.S. Department of Health and Human Services (HHS) Office for Civil Rights (OCR) published on its website a series of factsheets designed to educate consumers unfamiliar with their rights under the Health Insurance...more

HHS Considers Amending HIPAA Privacy Rule to Permit Disclosure of Mental Health Information for Firearm Background Checks

by Cory Fox, Lynn Sessions | BakerHostetler on 5/8/2013

Adding yet another wrinkle to the nation’s contentious gun control debate, the U.S. Department of Health and Human Services (HHS) has released an Advance Notice of Proposed Rulemaking (ANPRM) soliciting information and public...more

HIPAA Revises Business Associate Agreement Requirements

by Evelyn Haralampu | Burns & Levinson LLP on 5/7/2013

Protecting Health Information - The privacy of health information is protected by federal rules. These rules, which have been recently updated, affect the handling of “protected health information” (“PHI”) by business...more

Checklist for Timely Compliance with HIPAA Omnibus Rule

by Lori Oliphant | Winstead PC on 5/7/2013

The deadline for compliance with the new HIPAA Omnibus Rule is looming for group health plans. As explained in a prior blog, stiff penalties may be imposed on employers whose plans fail to comply. Accordingly, employers...more

HIPAA Task Force – May 2013

by Jennifer Spiegel Berman, Molly E. G. Ferraioli, Thora A. Johnson, Jessica Kuester, Peter Parvis | Venable LLP on 5/2/2013

In this issue: - What Your Business Needs To Do About Hipaa — Now - Action Items for Covered Entities and Business Associates (including Subcontractors) - Changes Impacting Business Associates (including...more

OCR Publishes HIPAA Guides for Providers and Consumers

by Kimberly J. Gold | Mintz Levin - Health Law on 5/2/2013

Understanding the complexities of the Health Insurance Portability and Accountability Act of 1996 (HIPAA) Privacy and Security Rules is often a challenge for health care providers and consumers. Recognizing the widespread...more

Revocation Of EHR Certification Rocks Industry

by Henry Fader | Pepper Hamilton LLP on 4/30/2013

The news from the Office of the National Coordinator for Health IT (ONC) about the revocation of the electronic health record (EHR) certifications of two EHR products that had previously been certified will have tremendous...more

HHS Revokes Certification of Two EHR Products

by King & Spalding on 4/30/2013

The Department of Health and Human Services (HHS) announced on April 25, 2013 that it has revoked the certification of two electronic health records (EHR) products. The products, EHRMagic-Inpatient and EHRMagic-Ambulatory,...more

Washington Supreme Court Limits Public Access to Hospital Privileging, Peer Review Documents

by Angela Galloway, Eric Stahl | Davis Wright Tremaine LLP on 4/26/2013

Public hospital districts may not disclose certain records created during closed-door meetings about hospital privileging decisions, the Washington Supreme Court recently held in Cornu-Labat v. Hospital Dist. No. 2 Grant...more

Business Associates And HIPAA Compliance

by Patricia Calhoun | Carlton Fields on 4/25/2013

Pursuant to HIPAA, business associates of health care organizations have until September 23, 2013 to become HIPAA-compliant. This alert sets forth the factors often used to determine whether a company will be considered a...more

Firearms Debate Triggers OCR Request for Comments

by Dianne Bourque, Kimberly J. Gold | Mintz Levin - Health Law on 4/24/2013

Gun violence is a hot topic in the wake of the Newtown shootings and the aftermath of last week’s Boston Marathon bombings, and now health privacy has joined the debate....more

Can Your Doctor Block Your Access to Your Medical Records?

by Janet Raasch | Lawyers.com on 4/24/2013

No. In every state, your health care provider must provide you with a copy of your medical records if you ask for them....more

HIPAA Marketing and Sale Provisions: Legal Potholes for Providers, Payors, Advertisers, Data Aggregators, Market Researchers and...

by Lisa Clark, Emmy Monahan | Duane Morris LLP on 4/22/2013

HIPAA Marketing and Sale Provisions Under HIPAA - The privacy and security standards under the Health Insurance Portability and Accountability Act of 1996 ("HIPAA") and its regulations (the "HIPAA Rules") were designed...more

HIPAA Privacy And Security Compliance: More Important Than Ever

by William Dillon | Messer & Caparello, P.A. on 4/18/2013

On January 25, 2013 the Department of Health and Human Services issued a final rule modifying the HIPAA Privacy, Security and Enforcement rules. The effective date of the final rule was March 26, 2013, however, covered...more

Cloud Storage Providers Storing Protected Health Information May Be Obligated to Comply with HIPAA Regulations

by Wilson Sonsini Goodrich & Rosati on 4/17/2013

A recently issued government rule may unknowingly create significant liability and legal risk for many technology enterprises. The expanded definition of "business associates" and related interpretations by the Department of...more

HIPAA Preemption Case – Opis Management Resources, LLC v. Florida Agency for Health Care Administration

by William Dillon | Messer & Caparello, P.A. on 4/15/2013

On April 9, 2013 the United States Court of Appeals for the Eleventh Circuit issued an opinion regarding HIPAA preemption in the case of Opis Management Resources, LLC v. Florida Agency for Care Administration. Opis...more

HIPAA/HITECH Final Rule - Assessing Your Organization's Compliance Readiness

by Theodore Kobus III, Lynn Sessions | BakerHostetler on 4/12/2013

The long awaited HIPAA/HITECH Final Rule became effective March 26, 2013, but covered entities, business associates and subcontractors will have until September 23, 2013, to fully comply. ...more

Federal Appeals Court Sides With HIPAA Over Florida Law in "Catch 22" Case Over the Release of Deceased Patient Records by Nursing...

by Martin Dix, Julie Gallagher, Sheryl D. Rosen | Akerman Senterfitt on 4/12/2013

As we first reported in December 2011, it's a common scenario: A Florida nursing home resident dies, and his or her spouse, surrogate, proxy, or attorney requests the resident's medical records. However, if the nursing home...more

The HIPAA Omnibus Final Rule—Data Privacy and Security Implications for Business Associates and Covered Entities

by Matthew Fischer | Sedgwick LLP on 4/11/2013

On January 17, 2013, the Office for Civil Rights (‘‘OCR’’) of the U.S. Department of Health and Human Services (‘‘HHS’’) published the HIPAA Omnibus Final Rule (‘‘Final Rule’’) which OCR has trumpeted as carrying ‘‘the most...more

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