News & Analysis as of

Data Security Healthcare Health Care Providers

Hinch Newman LLP

Whoa! U.S. Lawsuit Against Telehealth Providers and Executives Should Turn Heads

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On June 10, 2024, the U.S. Justice Department announced that together with the Federal Trade Commission, it filed an amended complaint against telehealth company Cerebral Inc., Cerebral’s founder and former Chief Executive...more

Dentons

Ep. 19 - What to Do When Your Business Associate Suffers a Ransomware Attack

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The healthcare industry remains a popular target for ransomware attacks. If you haven’t been impacted by a ransomware attack, it’s likely only a matter of time before someone you do business with or buy services from is...more

Health Care Compliance Association (HCCA)

UHG’s Breach Response May Prove Enlightening for Others

Organizations typically deal with ransomware attacks out of the public eye, but the massive scale of United Healthcare Group’s (UHG) February breach made that an impossibility. UHG CEO Andrew Witty was recently on the hot...more

Health Care Compliance Association (HCCA)

Privacy Briefs: May 2024

Kaiser Permanente is notifying 13.4 million current and former members that their personal information may have been compromised when it was transmitted to tech giants Google, Microsoft Bing and X (formerly Twitter) when...more

Health Care Compliance Association (HCCA)

Privacy Briefs: April 2024

The Cybersecurity and Infrastructure Agency (CISA) is seeking comment on a proposed rule to implement reporting requirements for critical infrastructure entities, including health care entities, on cyberattacks and ransomware...more

McDermott Will & Emery

Change Healthcare Security Incident – Practicable Next Steps for Impacted Customers

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The Change Healthcare ransomware attack presents potentially significant ramifications for hospitals, health systems, pharmacies and others that rely on the organization’s tools for healthcare payment, revenue cycle...more

Manatt, Phelps & Phillips, LLP

Vermont Considers Bringing Its Version of Washington’s ‘My Health My Data Act’ To New England

The Vermont Legislature is considering its version (S.173) of Washington’s My Health My Data Act to regulate non-HIPAA health data. If enacted, the Vermont law would take effect on January 1, 2025. The bill is premised on a...more

Bradley Arant Boult Cummings LLP

Florida Bill Proposes Safe Harbor Against Breach Suits to Businesses Maintaining Recognized Cybersecurity Programs

A recently introduced bill in the Florida Legislature would provide businesses operating in Florida, including health care providers, with a legal defense to data breach lawsuits if they maintain robust cybersecurity measures...more

Ballard Spahr LLP

HIPAA Breach Notifications – A Question of Timing

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You are the HIPAA privacy official of a hospital or health plan (a covered entity under HIPAA). You receive an email from a vendor that handles protected health information (a business associate), informing you that one month...more

McDermott Will & Emery

Healthcare Providers and AI Companies Commit to Safe AI Use

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Following the White House’s Executive Order on the Safe, Secure, and Trustworthy Development and Use of Artificial Intelligence, on December 13, 2023, the White House announced that 28 healthcare payors and providers intend...more

Akerman LLP - Health Law Rx

OCR Will Focus on You if You Don’t Focus on Cybersecurity

With a couple of “firsts,” the U.S. Department of Health and Human Services (HHS) Office for Civil Rights (OCR) is signaling that it is cracking down on healthcare organizations that fail to identify and address cybersecurity...more

Robinson+Cole Data Privacy + Security Insider

NYAG Settles with Healthplex for $400,000

On December 8, 2023, New York Attorney General Leticia James penned her approval to an Assurance of Discontinuance with third party dental administrator Healthplex, settling the enforcement action for $400,000 and a litany of...more

Health Care Compliance Association (HCCA)

Privacy Briefs: December 2023

Report on Patient Privacy 23, no. 12  (December, 2023) Northwell Health in New York and Cook County Health in Chicago each experienced impacts from a breach at Nevada-based transcription company Perry Johnson & Associates...more

Brooks Pierce

Business Associate Victim of Ransomware Attack Pays $100,000 to HHS OCR

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Is your organization a business associate? You could be subject to enforcement action if you fail to protect health information within your control from ransomware attacks. In October, for the first time, the U.S....more

J.S. Held

Inside the Healthcare Industry: Understanding Emerging Data Privacy & Security Risks and Regulations

J.S. Held on

According to the Theft Resource Center and its 2022 data breach reports, data privacy and security threats are impacting all aspects of the healthcare industry – from providers to payers to medical device companies to...more

Health Care Compliance Association (HCCA)

Privacy Briefs: November 2023

Report on Patient Privacy 23, no. 11 (November, 2023) The American Hospital Association (AHA) is urging federal lawmakers to intervene with the HHS Office for Civil Rights (OCR) so that hospitals and health systems can...more

Manatt, Phelps & Phillips, LLP

Connecticut’s New Law on Consumer Health Data Is Now in Effect—Here’s What You Should Know

Connecticut is the latest state to establish wide-ranging privacy protections for consumer health data and the first to weave such protections into a preexisting comprehensive consumer privacy law. The new law, S.B. 3, amends...more

Health Care Compliance Association (HCCA)

Privacy Briefs: October 2023

Report on Patient Privacy 23, no. 10 (October, 2023) Kaiser Foundation Health Plan Inc. and Kaiser Foundation Hospitals will pay California $49 million to resolve allegations that they unlawfully disposed of hazardous waste,...more

Seyfarth Shaw LLP

Top 5 Reasons to Remember Your Business Associate Agreements This Fall

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As organizations begin renewing and entering into new contractual relationships for 2024, an oft-forgotten aspect of the contracting process is determining whether a Business Associate Agreement (a “BAA”) is required. Under...more

Health Care Compliance Association (HCCA)

Privacy Briefs: September 2023

The number of data breaches affecting health care providers declined in the second half of 2022, consistent with a downward trend over the past two years, according to a report from cybersecurity firm Critical Insight. Total...more

Robinson+Cole Data Privacy + Security Insider

Joint Commission Issues Alert on Patient Safety After a Cyber-Attack

On August 15, 2023, the Joint Commission issued a Sentinel Event Alert entitled “Preserving patient safety after a cyberattack,” which provides “tips on what organizations can do to prepare to deliver safe patient care in the...more

Bodman

Legal Restrictions on Health Information – Beyond HIPAA

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Appropriately so, providers look first to the Health Insurance Portability and Accountability Act of 1996, as amended (HIPAA), to ensure that they comply with regulations regarding patients’ protected health information...more

McDermott Will & Emery

Guarding the Gateway: Florida Tightens Grip on Electronic Health Records Storage

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In May 2023, the Florida Legislature amended the Florida Electronic Health Records Exchange Act to add a provision regarding the security and storage of patient information. It took effect on July 1, 2023. To ensure...more

Nelson Mullins Riley & Scarborough LLP

FTC Proposes to Vastly Expand the Health Breach Notification Rule

The Federal Trade Commission (FTC) recently proposed changes to the Health Breach Notification Rule (Rule), enacted in 2009, to clarify that the Rule applies directly to an estimated 170,000 health and wellness mobile...more

Robinson+Cole Data Privacy + Security Insider

Privacy Tip #365 – Nevada Enacts Consumer Health Data Privacy Law

Nevada Governor Joe Lombardo recently signed into law a sweeping and restrictive consumer health data privacy law that requires covered entities (defined as any person who conducts business in the state or produces or...more

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