News & Analysis as of

Data Privacy Health Insurance Portability and Accountability Act

Global Privacy & Cybersecurity Update Vol. 14

by Jones Day on

New York Attorney General Announces Record Number of Data Breach Notices in 2016 - On March 21, 2017, the New York Attorney General's Office announced that it received 1,300 reported data breaches in 2016—a 60 percent...more

Value-based health care: data & technology

by Ropes & Gray LLP on

Ira Parghi, Ropes & Gray health care counsel, discusses the increasing role that data and technology will play in a value-based health care world. __ There’s a lot going on when it comes to technology and health care. We...more

New State Guidance Released on Health Care Privacy and Data Sharing

On May 11, 2017, the New York State Department of Health ("DOH") issued a new guidance statement ("Guidance Statement") about privacy protections and permissible data sharing under the Health Insurance Portability and...more

Recent $2.5 Million OCR Settlement Is a Warning to Wireless Health Service Providers

by McDermott Will & Emery on

On April 24, the US Department of Health and Human Services (HHS) Office for Civil Rights (OCR) announced a Health Insurance Portability and Accountability Act of 1996 (HIPAA) settlement in the amount of $2.5 million based on...more

New York Regulators Lead the Charge to Fill Health Data Protection Gaps Left by Federal Law

by Hogan Lovells on

New York AG Settles Data Protection Enforcement Against Mobile Health Apps - After a year-long investigation into mobile health apps claiming to be able to measure vital signs or health indicators through smartphone...more

The Rising Importance of Data Privacy and Security Practices for Healthcare Entities Facing Intensified Challenges

by McGuireWoods LLP on

For those in the healthcare industry, the privacy and security of information is vital to operations, but the importance and value of health information also makes the industry a prime target for threats. Studies suggest...more

$5.5 Million HIPAA Settlement Underscores Importance of Audit Controls

On February 16, 2017, the HHS Office for Civil Rights (OCR) disclosed a $5.5 million settlement with Memorial Healthcare Systems (MHS) for HIPAA violations affecting the protected health information (PHI) of 115,143...more

Notable New State Privacy and Data Security Laws – Part Two

by Snell & Wilmer on

This is the second in a two-part series addressing recent developments in state privacy and data security laws. This article addresses new laws about student privacy, enforcement/ punishment for data privacy and security...more

Top 10 for 2017 – Happy Data Privacy Day

by Jackson Lewis P.C. on

In honor of Data Privacy Day, we provide the following “Top 10 for 2017.”  While the list is by no means exhaustive, it does provide some hot topics for organizations to consider in 2017. ...more

[Webinar] HIPAA in the Cloud – OCR Guidance on HIPAA and Cloud Service Providers - Jan. 31st, 1:00pm ET

by Davis Wright Tremaine LLP on

As the health care sector further embraces the benefits of cloud computing, numerous challenges have arisen with applying HIPAA to cloud computing services....more

HHS Gets Agressive: HIPAA Audits from 2016

by Kiesewetter Law Firm on

HHS has become more aggressive with audits, and with increased penalties, covered entities and business associates simply cannot afford an audit on HIPAA rules and regulations. In March of 2016, HHS's Office for Civil Rights...more

“Primed” to Read about Data Privacy? The Sedona Conference Has a New Primer for You: eDiscovery Best Practices

by CloudNine on

The proliferation of data in our society today makes the task of protecting sensitive and private data more challenging than ever. Without a doubt, privacy and data protection laws have evolved quite a bit over the past...more

Bullet Points on a Primer: The Quick Version of the Sedona Conference’s Data Privacy Primer

by Carlton Fields on

The Sedona Conference has just published the public comment version of its Data Privact Primer, a publication of its very active Working Group on Data Security and Privacy Libaility. The primer is excellent. ...more

Guidelines for De-Identification, Anonymization, and Pseudonymization

by Bryan Cave on

De-identification of data refers to the process used to prevent personal identifiers from being connected with information. The FTC indicated in its 2012 report Protecting Consumer Privacy in an Era of Rapid Change:...more

Do You Know Where Your Data Is Located? Why Knowing is Half the Battle

by Jaburg Wilk on

Whether you realize it or not, you are probably storing some personal or business data in the cloud. The National Institute of Standards and Technology (NIST) defines cloud computing as a model for enabling ubiquitous,...more

Six Months In, Privacy Shield Is Battered But Holding: Three Notable Developments in U.S-E.U. Data Transfers

by Poyner Spruill LLP on

The United States has traditionally taken a libertarian approach to data privacy: “what is not forbidden is permitted.” Outside sensitive sectors such as health (HIPAA) and finance (GLBA), the United States was historically...more

Data Analytics Enables Health Plans to Predict When Employees Need Health Services and For How Long

by Jackson Lewis P.C. on

We know that data analytics is being used to influence a wide range of things such as the pair of shoes one might want to buy or what news is “trending” on Facebook. Similar tools are being applied to employer-sponsored group...more

Health Care System’s HIPAA Security Risk Results in $2.14 Million Fine

by Saul Ewing LLP on

On October 18, 2016, the U.S. Department of Health and Human Services (HHS), Office for Civil Rights (OCR), announced that St. Joseph Health (SJH) agreed to settle allegations relating to the HIPAA Privacy and Security Rules,...more

Is encryption the key to your data security?

by Thompson Coburn LLP on

With the increased rate of data breaches targeting personal information, an increased public awareness of online privacy, and an increasingly demanding regulatory landscape, large and small businesses are looking to...more

Cybersecurity News & Notes – June 2016 #3

In Case You Missed It: Illinois strengthened its data privacy and security law, with the amendments going into effect in January 2017. The amendments include expanding the definition of “personal information” to include a...more

HIPAA Audits Are Here: What to Expect When You are Expecting (an Audit)

by Davis Wright Tremaine LLP on

The Phase 2 audit program for HIPAA compliance is under way. The U.S. Department of Health and Human Services’ Office for Civil Rights (OCR) announced that it had launched the Phase 2 audits to examine and assess how covered...more

Cybersecurity and Data Privacy and Health Care: Federal Office for Civil Rights Returns to Proactive HIPAA Enforcement with 2016...

The HHS Office for Civil Rights (OCR) announced this week that it has launched the long-anticipated latest round of audits for compliance with the privacy, security, and breach notification provisions of the Health Insurance...more

Are Wearable Devices a Privacy Nightmare?

Wearable devices, such as fitness trackers and smart watches, have taken the United States technology industry by storm. In the past three years, there has been a 500% increase in the number of fitness bands and activity...more

NAIC Adopts Cybersecurity Bill of Rights

by BakerHostetler on

The National Association of Insurance Commissioners (“NAIC”) continued its efforts to advance cybersecurity in the insurance industry when it recently adopted the Cybersecurity Bill of Rights. The Cybersecurity Bill of Rights...more

HIPAA and Text Messaging

by LeClairRyan on

Text messaging is pervasive. Doctors and other health care providers, covered entities, and business associates currently use (and embrace) the technology. Texting is easy, fast and efficient. It doesn’t require a laptop...more

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