Holland & Knight Health Dose is an in-depth weekly dose of legislative and regulatory insights to keep stakeholders abreast of happenings in Washington, D.C., impacting the health sector....more
The U.S. Department of Health and Human Services (HHS) continued its commitment to timely and full access to health records on June 24, 2024, through the finalization of its information blocking disincentives rule for...more
YouTube’s ad blocker detection technology is facing legal challenges from privacy advocates who claim it violates their privacy rights under the General Data Protection Regulation (GDPR). According to the complaint, YouTube...more
The Federal Trade Commission (“FTC”) reached a settlement with defunct movie subscription service MoviePass, Inc., as well as its parent company and executives (collectively “MoviePass”), to resolve allegations that it failed...more
On April 29, 2021, the Office of Foreign Assets Control (“OFAC”) of the U.S. Department of Treasury, and the Bureau of Industry and Security (“BIS”) of the U.S. Department of Commerce announced settlements with German...more
Following the US Department of Justice’s recent recommendations to reform Section 230 of the Communications Decency Act (CDA) to provide incentives for online platforms to address illicit material on their platforms, two US...more
Report on Medicare Compliance 29, no. 16 (April 27, 2020) - The HHS Office of Inspector General (OIG) has proposed a rule on civil monetary penalties (CMPs) for information blocking and fraud related to HHS grants, contracts...more
- On May 1, 2020, the ONC Interoperability, Information Blocking, and Health IT Certification Program Final Rule and the CMS Interoperability and Patient Access Final Rule were published in the Federal Register, marking the...more
On March 9, 2020, the Office of the National Coordinator for Health Information Technology (ONC) released its final interoperability rule that aims to provide patients with more control of their health data and restrict...more
On December 20, 2019, the Brazilian Congress amended the Brazilian General Data Protection Law (Law No. 13,853/2019, the “LGDP”) to include new provisions related to the so-called administrative sanctions. ...more
Editor’s Note: The information blocking rule—now moved to the Office of Management and Budget (OMB), the last step before a rule is promulgated—is significant because it reverses the typical framework governing the privacy of...more
Access to healthcare information (or lack thereof) has always been touted as one of the key factors/necessities to realizing the promise of technology in the delivery of healthcare. Despite various legislative, judicial,...more
On October 9, 2019, the U.S. Department of Health and Human Services (HHS) and the Centers for Medicare & Medicaid Services (CMS) simultaneously released a set of proposed rules (the “Proposed Rules”) that, among other...more
A recent federal appeals court decision, Knight First Amendment Institute v. Trump, concluded that action taken by the President through the use of his personal, not just official White House, Twitter account was considered...more
The Registry Minds + Machines Group Limited (MMX), which owns 32 new generic Top Level Domains (gTLDs) such as .VIP, .WORK or .LUXE, has recently launched a blocking service that enables trade mark holders to protect their...more
The court concluded its opinion with an observation that at this time in history, “wide-open, robust debate” is the best assurance of good government. The Second Circuit U.S. Court of Appeals ruled last week that public...more
As technology and social media continue to develop, so do legal questions surrounding their use by public entities and employees. On July 9, 2019, the Second Circuit Court of Appeals in Knight First Amendment Institute v....more
The Office of the National Coordinator for Health Information Technology (ONC) recently released a proposed rule aimed at promoting the interoperability of health information technology and enabling access to electronic...more
The ONC recently released a proposed rule under the 21st Century Cures Act to promote interoperability of health IT and advance access, exchange or use of electronic health information. If finalized, the proposed rule would...more
Favourable Supreme Court decision for ISPs finding they do not have to bear costs of complying with blocking orders. Historically, internet service providers (ISPs) that have been ordered to block access to websites have...more
TheBlaze, Inc. and Glenn Beck (collectively “TBI”) have squared off against Tomi Lahren over a Facebook page. As reported earlier, Lahren sued TBI, claiming among other things, that they were blocking her access to social...more
The US Department of Health and Human Services Office for Civil Rights recently posted guidance clarifying that a business associate such as an information technology vendor generally may not block or terminate access by a...more
On 26 November 2015, the German Federal Court of Justice ruled that Internet access providers (IAP) can be liable for copyright infringements on third parties’ websites and can thus be ordered to block access to such...more