News & Analysis as of

Data Protection Protected Health Information Electronic Medical Records

Dickinson Wright

How Did They Get My Protected Health Information?

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It is no secret that protected health information (or “PHI”) is more and more at risk for cybersecurity attacks. In 2022 (the most recent year this statistic is available), the Department for Health and Human Services Office...more

Troutman Pepper

Final Rule Aligns 42 CFR Part 2 with HIPAA and HITECH

Troutman Pepper on

On February 8, 2024, the Department of Health and Human Services (HHS) posted a final rule that aims to align 42 CFR Part 2 (Part 2) — which protects certain substance abuse disorder (SUD) records — with the Health Insurance...more

Stinson LLP

First of its Kind Privacy Law Signals Fundamental Shift in Protection of Consumer Health Data

Stinson LLP on

As more and more states consider consumer privacy laws, the first-of-its kind My Health My Data Act (the Act) could be a harbinger of health and wellness compliance requirements to come. The ramifications of Washington...more

Troutman Pepper

New California Law Imposes Significant Data Management Requirements for Sensitive Health Data

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On January 1, California's Assembly Bill No. 352 (AB 352) went into effect, introducing significant changes to the handling and sharing of sensitive health information — particularly information related to reproductive health...more

Stevens & Lee

How Do Personal Health Records Relate to HIPAA?

Stevens & Lee on

It is important for health care providers and their lawyers to understand Personal Health Records (“PHRs”) and how they relate to the Health Insurance Portability and Accountability Act (“HIPAA”). A PHR grants a patient...more

Foley & Lardner LLP

Changing Landscape: Federal and State Regulators Focus on Protecting Consumer Health Data

Foley & Lardner LLP on

Recent developments at the federal and state level demonstrate that regulators are focused on protecting consumer health data. Specifically, state and federal regulators want to close the gap between HIPAA-protected data and...more

Alston & Bird

HHS and FTC Fire a Warning Shot at Healthcare Companies Using Online Tracking Technologies

Alston & Bird on

On July 20, 2023, the Office for Civil Rights (“OCR”) of the U.S. Department of Health and Human Services (“HHS”), and the Federal Trade Commission (“FTC”) published a joint letter sent to approximately 130 hospital systems...more

Manatt, Phelps & Phillips, LLP

FTC Proposed Health Breach Notification Rule Changes Target the Online Collection of Health Data

The Federal Trade Commission (FTC) continues to expand its regulation of health care data to ensure the data remains protected when shared with consumer-facing applications....more

Wyrick Robbins Yates & Ponton LLP

My Health, My Data, My Class Action Lawsuit: Why the Washington My Health My Data Act Deserves EVERY Company’s Attention

To say there’s been a lot of new privacy law in the last decade is an understatement. For those of us who think we’ve “seen it all,” many of these new laws arrive and elicit a sense of challenge (for the optimists) or mild...more

Health Care Compliance Association (HCCA)

Report on Patient Privacy Volume 23, Number 2. Privacy Briefs: February 2023

Report on Patient Privacy Volume 23, no 2 (February 2023) DCH Health Systems, based in Tuscaloosa, Ala., said it fired an employee in December after a routine privacy audit revealed evidence that the worker had accessed some...more

Reveal

Protecting Healthcare Records These Days is Like a Game of “Whac-a-Mole”

Reveal on

You’ve probably either played the game “Whac-a-Mole” yourself as a kid, or you watched your kid play it, at a Chuck E. Cheese or another similar arcade. It’s a simple game with five holes in which moles pop up and a soft...more

K&L Gates LLP

Health Care Triage: FTC Reminds Vendors of Personal Health Records of Breach Rule Obligations

K&L Gates LLP on

In this episode, Rebecca Schaefer interviews Gina Bertolini and Desiree Moore about the recent Federal Trade Commission (FTC) policy statement regarding the FTC Health Breach Notification Rule and its applicability to vendors...more

Reveal

Healthcare Organizations Must Deal with their Shadow Information Problem

Reveal on

A myopic focus on protecting EMR (Electronic Medical Records) systems has left healthcare organizations open to shadow information risk. In a world where hackers and ransomware criminals are regularly compromising healthcare...more

Health Care Compliance Association (HCCA)

Report on Patient Privacy Volume 21, Number 9. Privacy Briefs: September 2021

Report on Patient Privacy 21 no. 9 (September, 2021) - DuPage Medical Group in Chicago said that the personal information of more than 600,000 patients may have been compromised in a July cyberattack. The medical group,...more

Arnall Golden Gregory LLP

AGG Talks: Technology - In the Balance: Interoperability and Security

Our podcast series features AGG attorneys and guests discussing challenges they’ve encountered when assisting clients on business and legal issues related to the Technology industry. While all topics will have a legal...more

Manatt, Phelps & Phillips, LLP

[Webinar] Ten Health Care Imperatives for the Decade Ahead: Privacy Considerations in an Era of New Health Data Custodians -...

Learn How Seismic Changes in the Collection, Exchange and Use of Health Data Are Impacting Privacy—and Outpacing Policy—at a New Manatt Webinar... Over the past decade, the ways we gather, share and use health data have been...more

Womble Bond Dickinson

Digital Twins and Your Health

Womble Bond Dickinson on

Imagine if a doctor could diagnose and treat an illness immediately after a quick non-invasive scan of your whole body. Does this sound like something out of the science fiction TV show Star Trek? ...more

Akerman LLP - Health Law Rx

Providers: Cyberattacks Are Still Coming–Are You Prepared?

Cyberattacks against healthcare providers accounted for 79% of all reported data breaches in 2020. (See here). The U.S. Department of Health and Human Services’ (HHS) Office of the Assistant Secretary for Preparedness and...more

Bricker Graydon LLP

HIPAA Privacy Rule revisions in 2021

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In December 2020, the Department of Health and Human Services (HHS) announced proposed major revisions to the HIPAA Privacy Rule, which would be the first significant changes to the Privacy Rule since the 2013 Omnibus Rule. ...more

Polsinelli

Cybersecurity and “Recognized Security Practices”: New Statute modifies HIPAA

Polsinelli on

On January 5, 2020, President Trump signed into law H.R. 7898. This new statute amends the Health Information Technology for Economic and Clinical Health (HITECH) Act to require the Department of Health and Human Services...more

Bricker Graydon LLP

[Webinar] HIPAA in 2021: Proposed Changes to the Privacy Rule - January 25th, 12:00 pm - 1:00 pm EST

Bricker Graydon LLP on

On December 10, 2020, the Department of Health and Human Services (HHS) announced proposed revisions to the HIPAA Privacy Rule that would significantly impact the day-to-day operations of HIPAA covered entities. In this...more

Health Care Compliance Association (HCCA)

Report on Patient Privacy Volume 20, Number 11. Privacy Briefs: November 2020

Report on Patient Privacy 20, no. 11 (November 2020) - HHS Office of the National Coordinator (ONC) for Health Information Technology (ONC) is giving health care organizations more time to meet new rules on information...more

Robinson+Cole Data Privacy + Security Insider

Data Breach Regulatory Settlements Update

Regulatory bodies are upping the ante when it comes to settling with companies that have suffered data breaches. In addition to the below settlements, see also the settlement between the OCR and Dignity Health....more

Tucker Arensberg, P.C.

Orthopedic Practice Pays $1.5 Million for HIPAA Damages

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Most medical practices view HIPAA compliance as maintaining appropriate documentation regarding patient notices and consents, and controlling access to the PHI within the office; that’s PRIVACY. Practices tend to forget the...more

McGuireWoods LLP

OCR Enforcement of HIPAA Security Requirements Continues Despite Pandemic

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Two recent settlements of HIPAA violations related to security breaches at a small healthcare provider and a health system highlight the continued HIPAA enforcement priorities of the Department of Health and Human Services’...more

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