News & Analysis as of

Electronic Medical Records Healthcare

Burr & Forman

Healthcare Provider Disincentives for Information Blocking

Burr & Forman on

On June 31, 2024, the Department of Health and Human Services (“HHS”) published a final rule establishing penalties for healthcare providers who violate the information blocking rules implemented under the 21st Century Cures...more

McDermott Will & Emery

ASTP Proposes Certification Criteria for Patient, Payer and Provider APIs

On August 5, 2024, the US Department of Health and Human Services (HHS) Assistant Secretary for Technology Policy/Office of the National Coordinator for Health Information Technology (ASTP) published the Health Data,...more

Dentons

Ep. 27 – Minimizing Compliance Risks Posed by Electronic Medical Records

Dentons on

One of the biggest changes in healthcare over the past 15 years has been the move to electronic medical records. In 2009, only 12% of hospitals and 22% of physician practices utilized a certified electronic health record. As...more

Nelson Hardiman, LLP

The Limits of AI in Healthcare: Exploring Ethical and Practical Challenges

Nelson Hardiman, LLP on

Modern conveniences from washing machines to GPS simplify our lives. In healthcare, however, new technology has not always streamlined delivery. A prime example is the introduction of Electronic Health Records (EHRs) over the...more

Ballard Spahr LLP

2024 HIPAA Developments

Ballard Spahr LLP on

Over the course of the past few months, the Office of Civil Rights (OCR) and the Office of the National Coordinator for Health Information Technology (ONC), both of which are divisions of the U.S. Department of Health and...more

Wyrick Robbins Yates & Ponton LLP

Don’t Call It a Breach Rule: FTC Health Breach Notification Rule Has Been Here for Years, Now Updated to Serve as a Backdoor...

As our loyal Practical Privacy readers may remember, back in December of 2021, the Federal Trade Commission (the “FTC” or “Commission”) began a rulemaking process to update the Commission’s Health Breach Notification Rule...more

Dentons

Ep. 14 - Implementing AI and Mitigating Compliance Risks – Part I

Dentons on

At the Health Care Compliance Association’s recent Annual Compliance Institute in Nashville, artificial intelligence (AI) dominated the conversation. A common theme: how does the compliance officer keep pace with this...more

Bradley Arant Boult Cummings LLP

Rise in Healthcare Data Breaches & the Impact for Healthcare Providers in 2024

The healthcare sector is increasingly facing cyber-threats with ransomware and hacking at the forefront. In the last five years, there has been a staggering 256% rise in significant hacking-related breaches and a 264% surge...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

Knobbe Martens

World Health Organization Releases Guidelines for Large Multi-Modal Models (LMMs)

Knobbe Martens on

The World Health Organization (WHO) recently released guidelines for the ethics and governance of large multi-modal models (LMMs). In the past year, LMMs like Chat GPT have come to the forefront of the news, and people have...more

Troutman Pepper

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

Troutman Pepper on

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

Ballard Spahr LLP

HIPAA Breach Notifications – A Question of Timing

Ballard Spahr LLP on

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

Burr & Forman

Proposed Penalties for Information Blocking Violations

Burr & Forman on

On October 30, 2023, the Department of Health and Human Services (HHS) released a proposed rule establishing penalties for healthcare providers who violate the information blocking rules implemented under the 21st Century...more

McDermott Will & Emery

California’s New Reproductive Privacy Laws AB 352 and AB 254 Create Complexities For Health Information Sharing

McDermott Will & Emery on

In the wake of the Supreme Court of the United States’s decision in Dobbs v. Jackson Women’s Health Organization and the adoption of laws outside California that criminalize most abortions as well as gender affirming care,...more

Ankura

Four Lessons for Health Systems From the Private Equity Playbook

Ankura on

The value of private equity (PE) deals in the healthcare sector has grown from <$2B in 2001 to $151 billion in deals in 2021. Barring government intervention, PE in healthcare is here to stay....more

Arnall Golden Gregory LLP

Healthcare Authority Newsletter - November 2023 #1

News Briefs - Biden Executive Order Aims to Bolster AI Security in Healthcare - The Biden Administration issued what it's calling a "landmark" executive order designed to help channel the significant promise and manage the...more

Robinson+Cole Health Law Diagnosis

HHS Proposes Disincentives for Providers that Commit Information Blocking

On November 1, 2023, the U.S. Department of Health and Human Services (HHS) published a proposed rule titled “21st Century Cures Act: Establishment of Disincentives for Health Care Providers That Have Committed Information...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

Jackson Lewis P.C.

Hospital Mergers Double the Risk of a Data Breach, Study Shows

Jackson Lewis P.C. on

The healthcare sector is a prime target for data breaches. According to a summary by the HIPAA Journal, 32% of all data breaches between 2015 and 2022 were in the healthcare sector, “almost double the number recorded in the...more

Sheppard Mullin Richter & Hampton LLP

Regulators Send Warning Letter to Hospitals and Telehealth Providers About Tracking Technology Use

The FTC and OCR at HHS are continuing to scrutinize the use of tracking technologies that may reveal information about a person’s health or health status. Both agencies recently sent a letter to a reported 130 hospitals and...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

McDermott Will & Emery

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

McDermott Will & Emery on

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

Manatt, Phelps & Phillips, LLP

New FL Law Bans Offshoring Certain Patient Data & Business Relationships with Specific Countries

A first-of-its-kind Florida law requires health care providers to keep certain patient data within the United States, its territories or Canada....more

McDermott Will & Emery

HIPAA Compliance 101: Lessons from a Recent OCR Settlement

McDermott Will & Emery on

The US Department of Health and Human Services Office for Civil Rights (OCR) recently announced a settlement with a community hospital resolving an investigation under the Health Insurance Portability and Accountability Act...more

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