News & Analysis as of

Breach Notification Rule Department of Health and Human Services (HHS)

Health Care Compliance Association (HCCA)

OCR: Rule Halts Disclosures Under ‘Presumption of Lawfulness,’ Shares Model Attestation Form

Attestations are at the heart of permissible disclosures under the HHS Office for Civil Rights’ (OCR) new reproductive health privacy rule—and OCR wants covered entities (CEs) and business associates (BA) to use them now. The...more

Fenwick & West LLP

Change Breach Results in Notification Clarity

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On May 31, 2024, more than four months after the February 2024 Change Healthcare ransomware attack, the U.S. Department of Health and Human Services (HHS) Office for Civil Rights (OCR) updated its Change Healthcare FAQs. ...more

Manatt, Phelps & Phillips, LLP

[Webinar] Understanding Recent Developments in Health Care Privacy Laws - July 24th, 10:00 am - 11:00 am PST

This year, the federal government has made significant changes to longstanding health care privacy rules, while state lawmakers continue to enact privacy restrictions on consumer health data. These reforms modify legal...more

ArentFox Schiff

Providers Face HIPAA Compliance Questions After Change Healthcare Cyberattack

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Who will notify the potentially millions of individuals whose information might have been jeopardized by the massive cyberattack on Change Healthcare? Since the affiliate of UnitedHealth Group (UHG) first reported the...more

Holland & Hart LLP

Avoiding HIPAA Penalties: A Checklist for Covered Entities

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The HIPAA Privacy, Security, and Breach Notification Rules apply to healthcare providers who engage in certain electronic transactions, healthcare clearinghouses, and health plans, including employee group health plans with...more

Spilman Thomas & Battle, PLLC

The Health Record - Healthcare Law Insights, Issue 1, May 2024

Welcome to our inaugural issue of The Health Record - our healthcare law insights e-newsletter! As such, we wanted to pull together our insights and pass them along to you. Our goal is to create a publication that is...more

ArentFox Schiff

Key Takeaways from OCR’s CY22 HIPAA Reports to Congress

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On February 14, the US Department of Health and Human Services (HHS) Office for Civil Rights (OCR) issued its annual reports to Congress detailing its actions to enforce the privacy, security, and breach notification...more

Seyfarth Shaw LLP

Keeping with the Times - FTC Expands Scope of Health Breach Notification Rule, Even as HHS Announces Its Own HIPAA Update

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On April 26, 2024, the Federal Trade Commission (“FTC”) announced it had finalized changes to modernize the Health Breach Notification Rule (the “HBNR”) by clarifying its applicability to health and wellness apps and other...more

Benesch

Annual Report to Congress on HIPAA Privacy, Security, and Breach Notification Rule Compliance

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The U.S. Department of Health and Human Services (HHS), Office for Civil Rights (OCR) recently published an executive summary (Report) outlining key enforcement activities of the Health Insurance Portability and...more

BakerHostetler

HHS OCR Provides Annual Report to Congress Detailing 2022 Enforcement Activities

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On Feb. 16, the U.S. Department of Health and Human Services (HHS) Office for Civil Rights (OCR) published its 2022 Annual Report to Congress. ...more

Sheppard Mullin Richter & Hampton LLP

HHS Announces 42 Part 2 Final Rule to Align with HIPAA

The U.S. Department of Health and Human Services (HHS) and the Substance Abuse and Mental Health Services Administration (SAMHSA) recently released the long anticipated Final Rule to revise the Confidentiality of Substance...more

Stevens & Lee

Update to Federal Substance Use Disorder Treatment Records Privacy Regulations – Part 2

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On February 16, 2024, the U.S. Department of Health and Human Services, through its Office for Civil Rights and its Substance Abuse and Mental Health Services Administration (“SAMHSA”), published the long-awaited Final Rule...more

Davis Wright Tremaine LLP

Old Rule, New Tricks: HHS Finalizes Most Substantial Changes to Substance Use Disorder Confidentiality Rule in Decades

The long-anticipated final rule addressing substance use disorder (SUD) records at 42 C.F.R. Part 2, commonly referred to as Part 2, is here. The final rule is a joint undertaking by the U.S. Department of Health and Human...more

Saul Ewing LLP

New Cybersecurity Guide Released

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On February 16, 2024, the HHS Office for Civil Rights (OCR) and the National Institute of Standards and Technology (NIST) published a final version of the cybersecurity resource guide (the “Guide”) with respect to the HIPAA...more

Alston & Bird

HHS Final Rule Brings Sweeping, Complex Changes for Substance Use Records

Alston & Bird on

A new HHS Final Rule overhauls the federal Part 2 regulations on the confidentiality of substance use disorder (SUD) records. Our Heath Care Health Care and Privacy, Cyber & Data Strategy Groups unpack how the changes will...more

Davis Wright Tremaine LLP

LEAP, Don't Run, to Make this YEAR's Deadline: HIPAA Small Breach Notifications Due February 29

February 29, 2024, is the date by which HIPAA-covered entities must notify the U.S. Department of Health and Human Services Office for Civil Rights (OCR) of all "small" breaches of unsecured protected health information that...more

Foley & Lardner LLP

HIPAA and Part 2 Harmonized: What Health Care Organizations Need to Know

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Substance Use Disorder (SUD) programs and HIPAA-regulated entities seeking to streamline their privacy and security practices and workflows received welcome news from the U.S. Department of Health & Human Services (HHS) last...more

Ankura

DHHS OCR and FTC Issue Warning to Hospital Systems and Telehealth Providers Regarding Privacy and Security Risks

Ankura on

On July 20, 2023, the Department of Health and Human Services (DHHS) through the Office of Civil Rights (OCR) and the Federal Trade Commission (FTC) issued a joint letter to hospitals and telehealth providers alerting them to...more

Venable LLP

Federal Trade Commission and U.S. Department of Health and Human Services Issue Warnings Related to Use of "Online Tracking...

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The Federal Trade Commission (FTC) and the U.S. Department of Health and Human Services' Office for Civil Rights (OCR) recently published a warning letter that they jointly sent to more than 130 hospital systems and...more

Mintz

Wandering through the Consumer Health Data Privacy & Security Forest? There is a guide for that.....

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If you are in the consumer health space, you have (or at least we hope you have...) figured out by now that there are health-related privacy and security laws and regulations that apply to your business. The Federal Trade...more

Wiley Rein LLP

Wiley Consumer Protection Download (August 7, 2023)

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Welcome to Wiley’s update on recent developments and what’s next in consumer protection at the Consumer Financial Protection Bureau (CFPB) and Federal Trade Commission (FTC). In this newsletter, we analyze recent regulatory...more

Fox Rothschild LLP

FTC and OCR Issue Joint Website Tracking Warning Letter

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If you are involved with any health information, even if you are not covered by HIPAA, you should be aware of the government’s recent position that there may be serious privacy and serious risks with use of online tracking...more

Hinch Newman LLP

FTC and HHS Warn Hospital Systems and Telehealth Providers About Use of Technologies That Share Sensitive Health Information

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The Federal Trade Commission and the U.S. Department of Health and Human Services' Office for Civil Rights are cautioning hospitals and telehealth providers about the privacy and security risks related to the use of online...more

Wiley Rein LLP

Wiley Consumer Protection Download (July 24, 2023)

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Welcome to Wiley’s update on recent developments and what’s next in consumer protection at the Consumer Financial Protection Bureau (CFPB) and Federal Trade Commission (FTC). In this newsletter, we analyze recent regulatory...more

Console and Associates, P.C.

Mount Desert Island Hospital Notifies 24,180 of Data Breach Involving Leaked Social Security Numbers

On June 30, 2023, Mount Desert Island Hospital (“MDIH”) filed a notice of data breach with the U.S. Department of Health and Human Services Office for Civil Rights after discovering that an unauthorized party had gained...more

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