Science, Computers & Technology Government Contracting Privacy

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NIST Recommends Against SMS as Second Authentication Factor

On July 29, Paul Grassi, the Senior Standards and Technology Advisor at the National Institute of Standards and Technology (NIST) posted an unusual blog regarding the new draft NIST Special Publication 800-63-3: Digital...more

Health Care Market Intelligence: Post-Acute Care Summary Report - Q2 2016

Key Findings - - CMS proposed an $800-million Medicare payment increase for SNFs in FY 2017, a 2.1% increase from this year, while hospice payments would rise by $330 million, or 2%. Home healthcare agencies may see a...more

Federal government and their contractors immune from TCPA restrictions

Last week, on July 5, the Federal Communications Commission (FCC) released an opinion stating that robocalls made by the federal government (or its contractors) are exempt from the Telephone Consumer Protection Act (TCPA)....more

GAO Tackles Cybersecurity

In two recent decisions, GAO denied protest grounds challenging the ability of contract awardees to satisfy government requirements related to cybersecurity. This posting analyzes those decisions and their implications for...more

DSS Revises Cybersecurity Requirements for Contractors Handling Classified Information

On May 18, 2016, Department Security Service (DSS) recently approved Change 2 (Change 2) to the National Industrial Security Program Operating Manual (NISPOM). Change 2 significantly revised Chapter 8 of the NISPOM relating...more

FedRAMP Accelerates the Process for Federal Contractors to Obtain Cloud Service Provider Authorizations and DoD Revises its Cloud...

Cloud computing is ubiquitous in the federal market place. Many federal contractors either provide cloud computing services to the government or use cloud computing services when performing a federal contract. For cloud...more

Coming to a Government Contract Near You: Mandatory Information Safeguarding Requirements

The government recently finalized a sweeping amendment to the Federal Acquisition Regulation (“FAR”) that will impose basic information system safeguarding requirements on many federal acquisitions, marking the latest in the...more

A New Cybersecurity Regime and a New Regulation to Mandate Secure Information Systems for Government Contractors

Congress has enacted a recent wave of legislation to address ongoing cybersecurity threats; the Executive Branch, on May 12, 2016, adopted new cybersecurity regulations; and other Federal initiatives are underway and will...more

FAR Information System Security Standards Rules Finalized

The U.S. federal government announced on May 16, 2016, new Federal Acquisition Regulation (FAR) rules that set high-level standards for the basic safeguarding of contractor information systems that process, store or transmit...more

It’s Arrived! FAR Final Rule Addressing “Basic Safeguarding of Contractor Information Systems”

After nearly four years of planning and comments, DoD, GSA, and NASA issued a final rule today amending the Federal Acquisition Regulations (“FAR”) with a new Subpart 4-19 and a new contract clause 52.204-21 addressing the...more

Expansion of HIPAA audit program now underway

As detailed in our latest webinar, “Daunting but doable: Preparing for the next round of HIPAA audits,” the Office for Civil Rights (OCR) has begun implementing the first full-phase HIPAA audit program. The 2009 HITECH Act,...more

Senator Tom Carper Questions Office Of Management And Budget Regarding Emerging Cybersecurity Technologies

On April 8, 2016, U.S. Senator Tom Carper, the ranking Democratic member of the Senate Homeland Security and Governmental Affairs Committee, sent a letter to Shaun Donovan, Director of the Office of Management and Budget...more

Health Care E-Note - April 2016

Patient care is not confined to a single office or exam room, or a single physician or other provider. Caring for patients these days now includes complex coordination among physicians, nurses, technicians, staff, management,...more

Appeals Court Confirms that HITECH Violations Do Not Violate FCA

In an important recent decision, the Sixth Circuit Court of Appeals confirmed that a qui tam relator's claim that her former husband improperly accessed electronic protected health information (e-PHI) of her and her relatives...more

Data Rights Under Federal Government Contracts: What Are Data rights?

Data rights under federal government contracts create confusion from both the government and the contractor perspectives. There is substantial misunderstanding as to the purpose of the data rights regulations and the limits...more

Sixth Circuit Affirms Dismissal of FCA Claim Based on Health Data Breaches

The U.S. Court of Appeals for the Sixth Circuit recently affirmed the dismissal of a False Claims Act (FCA) case premised on protected health data breaches. In United States ex rel. Sheldon v. Kettering Health Network, the...more

Sixth Circuit Rules That EHR Security Breaches Do Not Violate False Claims Act

On March 7, 2016, the Sixth Circuit Court of Appeals ruled that security breaches of individual electronic health records (“EHRs”) do not violate the HITECH Act and cannot support False Claims Act allegations. ...more

Health Law Insights Newsletter - Issue 7 - March 2016

McCarter & English, LLP’s Health Care Group presents Issue 7 of the Health Law Insights, which discusses the latest legal issues in the health care industry. NATIONAL - Providers’ Obligation to Report Medicare...more

Privacy Tip #26 – Get in compliance with state data security laws—this week: CT

We previously reported that several states, including Connecticut and Rhode Island, have adopted data security requirements, similar to the Commonwealth of Massachusetts’ data security regulations that have been in effect...more

Hot Topics in Employment Law Seminar

On March 4, 2016, the Miles & Stockbridge Labor, Employment, Benefits & Immigration group presented its fourteenth annual Hot Topics in Employment Law seminar to an audience of over three hundred clients and members of the...more

Government Contracts Quarterly Update February 2016

The Government Contracts Quarterly Update is published by BakerHostetler’s Government Contracts Practice team to inform our clients and friends of the latest developments in federal government contracting. In This Issue...more

Government Contractors Brace For Continuing Changes in Cybersecurity Regulations

The federal government has responded to recent data breaches by making cybersecurity a top priority, and it continues to consider and implement a number of regulations that affect government contractors. Over the past...more

Department of Defense Revises Landmark Cybersecurity Rule, Extends Deadline for Some Compliance Requirements

On December 30, 2015, the Department of Defense (DoD) issued a second interim rule on Network Penetration Reporting and Contracting for Cloud Services, amending an earlier version issued on August 26, 2015. The new, amended...more

Extension given to DOD contractors to comply with cybersecurity requirements

The U.S. Department of Defense (DOD) issued an interim rule on December 30, 2015 that extended the deadline for DOD contractors to comply with security requirements for protecting non-classified, but sensitive government...more

DoD Grants Contractors a Reprieve: Cybersecurity Compliance is Delayed

The U.S. Department of Defense (DoD) released interim rules on Aug. 26, 2015, setting forth (i) information system security requirements; (ii) mandatory cyber breach reporting; and (iii) cloud computing standards and...more

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