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Earlier this year, federal agencies teamed up to issue two rules that will require healthcare providers to update certain policies related to the use and disclosure of health information and to update their Notice of Privacy...more
At last week’s America’s Physician Group Spring conference in San Diego, California, our team heard firsthand how physicians are leading efforts to integrate Artificial Intelligence (AI) applications in ambulatory and...more
On February 8, 2024, the U.S. Department of Health and Human Services’ Office for Civil Rights (OCR) finalized long-awaited modifications to the Confidentiality of Substance Use Disorder (SUD) Patient Records regulations at...more
Following New York State Governor Kathy Hochul’s proposal in February of this year (see our previous alert), the New York legislature passed and Governor Hochul signed a law on May 3, 2023, which significantly increases the...more
A proposed HHS regulation on the Confidentiality of Substance Use Disorder (SUD) Patient Records under 42 C.F.R. Part 2 would bring it further in line with HIPAA, which is somewhat of a double-edged sword, attorneys say....more
Many California health care providers, including hospitals and physician groups, will soon be required to sign on to California’s first-ever statewide data sharing agreement governing the exchange of health and social...more
This week, we examine one Ninth Circuit decision exploring the extent to which the deprivation of information and statutorily-conferred powers can satisfy Article III’s injury-in-fact requirement, and a second declining to...more
The U.S. Department of Health and Human Services (HHS) recently released a final rule further amending 42 CFR Part 2 regulations (Part 2) to allow greater sharing of patient records related to substance use disorder (SUD)...more
On August 26, 2019, the Department of Health and Human Services Substance Abuse and Mental Health Services Administration (SAMHSA) published a notice of proposed rulemaking (NPRM) to “better align” its substance use disorder...more
Anyone working in the healthcare industry knows the saying: “an ounce of prevention is worth a pound of cure.” It’s one of the most common adages used when discussing the benefits of a healthy lifestyle or the importance of...more
The federal Substance Abuse and Mental Health Services Administration (SAHMSA) published a Final Rule on January 3, 2018 making further changes to federal rules governing the confidentiality of substance use disorder patient...more
On January 18, 2017, the Substance Abuse and Mental Health Services Administration (SAMHSA) released its long-awaited final rule amending the confidentiality regulations at 42 CFR Part 2 (Part 2) that apply to federally...more
In an unusual action, a Supplemental Notice of Proposed Rulemaking (“SNPRM”) accompanied the recent final rule on 42 C.F.R. Part 2 (“Part 2”) governing the confidentiality of certain substance use disorder information. On...more
With a bang, rather than a whimper, the saga of Pennsylvania’s Act 13 appears to have finally come to an end. On September 28, 2016, nearly three years after giving teeth to the long-dormant environmental rights amendment to...more
The U.S. Department of Health & Human Services (HHS) and the Substance Abuse and Mental Health Services Administration (SAMHSA) have issued a Proposed Rule to revise 42 C.F.R. Part 2 (Part 2 Regulations) – the federal...more