Privacy Health

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House Bill Would Allow Employers to Require and Access Genetic Testing Results

House bill HR 1313, introduced by Representative Virginia Foxx (R.N.C.), proposes to allow companies to require employees to undergo genetic testing, then allow employers to see the results, and impose financial penalties on...more

Could Wellness Programs Be Making Your Company “Sick?” The Potential Perils of Collecting Biometric Data About Employees

Wearable devices that track and record personal biometric data are hardly new to the technology scene. In addition to the now-commonplace electronic pedometers and heart rate monitors, there are portable and wearable devices...more

DWT Releases Latest Health Care Breach Charts

Following the HITECH Act, the U.S. Department of Health and Human Services, Office for Civil Rights (OCR) issued regulations requiring HIPAA covered entities to provide certain notifications for breaches of unsecured...more

Cardiology Group Hard Drive Stolen

Denton Heart Group, located throughout Dallas, has notified 21,665 patients that their protected health information has been compromised as a result of the theft of a hard drive from a locked closet....more

HIPAA Checkup – How Good Are Your Policies and Procedures?

Although it is not a new requirement, it is important and therefore worth a reminder: HIPAA requires covered entities to establish and implement written policies and procedures that are consistent with its Privacy and...more

Top Trends in Business Law that You Need to Know for 2017

Macy’s and Kmart are each closing a Lansing, Michigan location – but did you know that in general, retail spending is up? It’s easier than ever to collect customer data, but business owners beware: you need to...more

Advice to Healthcare Providers on Ransomware from the Head of the FBI

On Wednesday, March 8, James B. Comey, Director of the FBI, was at Boston College to deliver the keynote address for the inaugural Boston Conference on Cyber Security (BCCS 2017). Director Comey addressed various industry,...more

West Virginia University Medicine University Healthcare Patients Victims of Identity Theft

West Virginia University Medicine University Healthcare (WVUM) has confirmed that it is sending notification letters to over 7,400 of its patients seen at Berkeley Medical Center as a result of an unauthorized access to their...more

Caution About Fake Phone Calls from Health Care Agencies

Individuals should be cautious about sharing personally identifiable information when contacted via phone, including by health care agencies. The Centers for Medicare & Medicaid released an alert earlier this week warning of...more

Medical Device Malware Medjack.3 Poses Threat to Hospitals

Medjack is a form of malware that was specifically developed to attack medical devices, such as heart monitors, CT and MRI machines, insulin pumps and PAC systems....more

Corporate Law & Governance Update - March 2017

Executive Compensation Developments - The general counsel should anticipate questions from the board and its executive compensation committee from recent media coverage of executive compensation (especially in the...more

Privacy and Information Security a Top Priority in California under Xavier Becerra

Governor Jerry Brown’s selection of Congressman Xavier Becerra to succeed (now Senator) Kamala Harris as the new Attorney General of California was a surprising move that brings into power in California a seasoned advocate of...more

Health Company Fined by UK’s Information Commissioner Office

Last week, the UK’s Information Commissioner’s Office (ICO) published a monetary penalty notice which fined a private healthcare company, HCA International, £200,000 for its failure to keep sensitive data secure....more

Florida Supreme Court Rejects PSQIA Preemption of Florida Constitution

On January 31, 2017, the Florida Supreme Court held that adverse medical incident reports produced in accordance with Florida law cannot constitute confidential and privileged patient safety work product (PSWP) under the...more

OCR Releases Guidance on Reporting and Monitoring Cyber Threats

Last week, the U.S. Department of Health and Human Services’ Office for Civil Rights (OCR) released new guidance on reporting and monitoring cyber threats. The guidance urges covered entities and business associates to...more

Horizon BCBS of New Jersey Pays State $1.1 million for HIPAA violations

We often forget that state AG’s have jurisdiction under the HIPAA Omnibus Rule to levy fines and penalties against HIPAA covered entities for violations. This is because the Office for Civil Rights has traditionally taken the...more

Advertising Law - March 2017

FTC Fights Back in LabMD Suit - The Federal Trade Commission demonstrated its intention to fight for the power to regulate data security by filing a 111-page brief with the U.S. Court of Appeals for the Eleventh Circuit...more

OCR’s Latest Health Breach Investigations Yield Big Settlements

In a span of a few weeks in early January 2017, the U.S. Department of Health and Human Services’ Office for Civil Rights (“OCR”) announced two major settlements under the Health Insurance Portability and Accountability Act...more

Vanderbilt University Medical Center PHI Breached by Patient Transporters

Vanderbilt University Medical Center (VUMC) has announced that it will be sending breach notification letters to over 3,000 patients as a result of unauthorized access to PHI by two patient transporters....more

Substance Use Disorder Treatment Providers: Time for a Compliance Check

On January 18, the Substance Abuse and Mental Health Services Administration ("SAMHSA"), an agency of the United States Department of Health and Human Services, issued a Final Rule amending the Confidentiality of Alcohol and...more

2017 HIPAA Enforcement: Year to Date Lessons

With the announcements from OCR of three resolution agreements and one civil money penalty as of mid-February, OCR is off to a record start for HIPAA enforcement in 2017, with double the announcements as the same time last...more

Charging for Medical Records Can Cost You

Health care providers often are unaware of federal laws that regulate the process by which they charge patients for copies of medical records. Many providers incorrectly assume that only the law of the state in which the...more

The Rising Importance of Data Privacy and Security Practices for Healthcare Entities Facing Intensified Challenges

For those in the healthcare industry, the privacy and security of information is vital to operations, but the importance and value of health information also makes the industry a prime target for threats. Studies suggest...more

Report Summarizes Healthcare Data Breaches in January 2017

Health care data breaches are not slowing. According to a report issued by Protenus, in conjunction with www.databreaches.net, the summary of healthcare data breaches in 2017 continues where 2016 left off. In January...more

Chairman Goodlatte Outlines Sweeping Agenda for House Judiciary Committee

With Washington undergoing a transformation the likes of which has not been seen in decades, House Judiciary Committee Chairman Bob Goodlatte recently outlined his committee’s priorities for the 115th Congress. Speaking at an...more

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Cybersecurity

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