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Health Communications & Media Science, Computers & Technology

Read need-to-know updates, commentary, and analysis on Health issues written by leading professionals.

Electronic Drug Product Listing Errors Can Result in FDA Warning Letter

by Morgan Lewis on

FDA Warning Letters focus on inaccurate drug product listings. Over the last year, the US Food and Drug Administration (FDA or Agency) has increased its enforcement efforts concerning drug product listing requirements,...more

Health Update - June 2017

HIPAA and Emerging Technologies - Editor’s Note: According to a HIMSS Mobile Technology Survey of healthcare provider employees, about 90% say they are using mobile devices to engage patients in their healthcare—and 36%...more

Indiana Reverses Course on Telemedicine Prescribing and Controlled Substances Laws

by Foley & Lardner LLP on

Indiana has taken another step towards expanding the meaningful use of telemedicine in connection with clinical services and prescribing. HB 1337, signed by Governor Eric Holcomb and effective July 1, 2017, will allow...more

Ninth Circuit En Banc Panel Holds that Central Hudson Survives Sorrell

by Reed Smith on

Last week we bashed a Ninth Circuit Daubert decision. We feel a little bit bad about that, not because the decision wasn’t bashworthy – no, Wendell really is a rotten precedent – but because we hate contributing to the...more

New HHS Cybersecurity Preparedness Checklist

by Carlton Fields on

The Department of Health and Human Services’ Office of Civil Rights (OCR) recently published a checklist to guide HIPAA-covered entities and business associates through an appropriate response to a ransomware or cybersecurity...more

OCR Issues Checklist for Responding to Cyber-Attack

The Office for Civil Rights (OCR) recently released guidance entitled “My Entity Just Experienced a Cyber-attack! What Do We Do Now?” The Checklist is a practical tool for health care entities and outlines several steps to...more

Marketer In Hot Water for Inconspicuous TCPA Consent Language

by Klein Moynihan Turco LLP on

A recent decision issued by the United States District Court for the Northern District of Illinois has brought renewed emphasis to the importance of prominently displaying TCPA consent language in Internet marketing. In a...more

HHS Releases Health Care Industry Cybersecurity Task Force Report

Last week, the Department of Health and Human Services (HHS) issued its “Report on Improving Cybersecurity in the Health Care Industry,” which is the culmination of a year-long effort on behalf of the Cybersecurity Task...more

“Fireball” Malware a Threat to Health Care Industry

A new report released by Check Point has security personnel working in the health care industry particularly concerned and they are warning their colleagues about the existence of “Fireball.”...more

OCR Issues Reminder on Security Incidents

Following the frequent and varied ransomware attacks on health care entities over the past few years, the Office for Civil Rights (OCR) published guidance last summer to the health care industry reminding it that a ransomware...more

Data Privacy + Cybersecurity Insider - June 2017

by Robinson & Cole LLP on

The American Institute of CPAs (AICPA), has released a risk management reporting framework intended to "establish a common, underlying language for Cybersecurity risk management reporting — almost akin to US GAAP or IFRS...more

National Pharmacy Avoids TCPA Claim for Flu Shot Robocall under Health Care Rule Exemption

by Hinshaw & Culbertson LLP on

A judge in the Southern District of New York recently held that an automated, pre-recorded message sent on behalf of Rite Aid informing recipients to obtain a flu vaccine shot was exempted from the Telephone Consumer...more

Health System Paid $2.4 Million Settlement After Identification in a Press Release of a Patient Who Was Engaged in Fraud

by Dickinson Wright on

The U.S. Department of Health and Human Services Office for Civil Rights (“OCR”) announced a $2,400,000 settlement with Memorial Hermann Health System (“MHHS”) to resolve an investigation of an unauthorized disclosure of...more

WannaCry Also Encrypted Hospital Medical Devices

The fall-out from WannaCry continues, particularly in the healthcare sector. There are new reports that WannaCry affected at least two hospital systems in the U.S. and encrypted medical devices (power injector systems)...more

HHS Office of the Assistant Secretary for Preparedness and Response Issues Series of Cybersecurity Updates in Response to WannaCry...

In response to the WannaCry ransomware attack that infiltrated the computer systems of health care systems and other entities worldwide on or around May 12, 2017, HHS’ Office of the Assistant Secretary for Preparedness and...more

Press Release Mistake Leads to $2.4 Million HIPAA Penalty for Health System

by Nossaman LLP on

On May 10, 2017, the U.S. Health and Human Services Department Office for Civil Rights (“OCR”) announced an agreement whereby Memorial Hermann Health System (“MHHS”) will pay a $2.4 million penalty for releasing a patient’s...more

WannaCry Global Ransomware Attack

A global ransomware attack began early last Friday and has affected businesses and government entities in 150 countries, including Britain’s national health system, FedEx, Spain’s Telefónica, and the Russian Interior...more

Take-Aways from WannaCry

We have read multiple reports on WannaCry and if you are reading this and don’t know what WannaCry is, Google it for the background story. The clear message is this is not the last major attack we will see, and future attacks...more

Privacy Tip #88 – The Challenge of Keeping Up with Patches

Over the past week, many clients and individuals have asked me why some companies and health care facilities were devastated by the WannaCry ransomware, and why others made it through the weekend without a blink of an eye....more

Doctor, Doctor, Give Me the News, I’ve Got a Bad Case of Medical App Blues: Mobile Medical Application Developers Settle with New...

by Arnall Golden Gregory LLP on

The New York Office of the Attorney General recently announced settlements with developers of three mobile health applications due to misleading claims and deficient privacy practices. As a result of these settlements, the...more

WannaCry Ransomware Attack: What Happened and How to Address

by Seyfarth Shaw LLP on

Recently, a widespread global ransomware attack has struck hospitals, communication, and other types of companies and government offices around the world, seizing control of affected computers until the victims pay a ransom. ...more

WannaCry Ransomware Update

On Saturday May 13, 2017 the Federal Bureau of Investigations (FBI), Cyber Division, in conjunction with the Department of Homeland Security issued an FBI FLASH report pertaining to indicators associated with the latest...more

Wireless HealthHealthcare Services Provider’s $2.5m Settlement Demonstrates Why Understanding HIPAA Requirements Is a Must

by Dickinson Wright on

The U.S. Department of Health and Human Services Office for Civil Rights (OCR) announced a $2.5 million Health Insurance Portability and Accountability Act of 1996 (HIPAA) settlement with CardioNet, which is a company that...more

Global Ransomware Attack Makes Healthcare Organizations Wanna Cry

As has been widely reported, on May 12, 2017, organizations around the world, including Britain’s National Health Service, found their data held hostage by actors using a new variant of ransomware called WannaCry. According...more

The Past, Present, and Future of Government Regulation of Off-Label Communications – Part 2

In my last post, I introduced a series of posts that will explore FDA’s historical approach to off-label drug and device communications, how that position has evolved (or not) to the modern day, and predict where that policy...more

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