News & Analysis as of

Gun Laws Health Insurance Portability and Accountability Act (HIPAA)

King & Spalding

HHS OCR Issues Rule Modifying HIPAA In Effort To Fight Gun Violence

King & Spalding on

On January 4, 2016, the Department of Health and Human Services Office for Civil Rights (“OCR”) issued a rule modifying the Health Insurance Portability and Accountability Act of 1996 (“HIPAA”) Privacy Rule to expressly...more

Epstein Becker & Green

HIPAA Modified in Tandem with Executive Action on Gun Control: Much Ado About Narrow Permissive Reporting Requirements

Epstein Becker & Green on

On January 6, 2016, the Office for Civil Rights (“OCR”) within the federal Department of Health and Human Services (“HHS”) issued a final rule to modify the Health Insurance Portability and Accountability Act of 1996...more

BakerHostetler

HHS Removes Barriers to Reporting Federal Mental Health Prohibitor Status for Gun Background Checks

BakerHostetler on

On January 6, 2016, the U.S. Department of Health and Human Services (HHS) released a modification to the Health Insurance Portability and Accountability Act (HIPAA) removing barriers to reporting federal mental health...more

Alston & Bird

A&B Healthcare Week in Review - January 2016

Alston & Bird on

On January 5, 2016, the Office of Management and Budget (OMB) received for review a final rule from the Centers for Medicare & Medicaid Services (CMS) entitled Covered Outpatient Drugs (CMS-2345-F). The rule had previously...more

Akerman LLP - Health Law Rx

HIPAA Privacy Rule Now Permits Reporting for Firearms Background Checks

On January 4, 2016, the U.S. Department of Health and Human Services (HHS) issued a final rule that modifies the Health Insurance Portability and Accountability Act of 1996 (HIPAA) Privacy Rule. This modification expressly...more

Dickinson Wright

HIPAA Privacy Rule Amendment will Permit Very Limited Reporting of Mental Health Information to the NICS

Dickinson Wright on

An amendment to HIPAA’s privacy rules will allow a limited subset of covered entities (such as, potentially, state agencies) to disclose information to the National Instant Criminal Background Check System (NICS)....more

Mintz - Health Care Viewpoints

Gun Control: HIPAA Final Rule Targets Background Checks and Mental Health Reporting

President Obama has announced plans to tighten gun control regulations, including applying the background check requirement to dealers at gun shows and on websites. Federal law already requires that those “engaged in the...more

Saul Ewing LLP

HIPAA Privacy Rule Amended To Permit Reporting of Firearm Background Check Information

Saul Ewing LLP on

The January 6, 2016 Federal Register included a final rule (“Final Rule”) amending the HIPAA Privacy Rule to expressly permit certain “covered entities” to disclose to the National Instant Criminal Background Check System...more

Cozen O'Connor

Gun Control and HIPAA

Cozen O'Connor on

In the wake of recent gun violence and in a concerted effort to protect public safety, the Department of Health and Human Services (HHS) released a final rule published in the Federal Register January 6, 2016, that modifies...more

Williams Mullen

Firearms Industry Alert: Obama’s Executive Order Broadens Regulation, Highlights Compliance Challenges

Williams Mullen on

This article is a preliminary report on the Obama administration’s action on gun control, which was announced on January 5, 2016, and provides a brief overview of the proposed action. We will provide more in-depth analysis...more

BakerHostetler

NICS and HIPAA: Where Mental Health Privacy and Gun Control Overlap; HHS Releases Notice of Proposed Rulemaking

BakerHostetler on

On January 7, 2014, the U.S. Department of Health and Human Services (HHS) issued a notice of proposed rulemaking (NPRM) for the purpose of modifying the Health Insurance Portability and Accountability Act of 1996 (HIPAA) to...more

Mintz - Health Care Viewpoints

OCR Proposes HIPAA Amendments to Address Gun Violence

As we previously reported, President Obama has made it a priority to improve the National Instant Criminal Background Check System (“NICS”). Last week, more than eight months after the issuance of a advance notice of...more

BakerHostetler

HHS Considers Amending HIPAA Privacy Rule to Permit Disclosure of Mental Health Information for Firearm Background Checks

BakerHostetler on

Adding yet another wrinkle to the nation’s contentious gun control debate, the U.S. Department of Health and Human Services (HHS) has released an Advance Notice of Proposed Rulemaking (ANPRM) soliciting information and public...more

Mintz - Health Care Viewpoints

Firearms Debate Triggers OCR Request for Comments

Gun violence is a hot topic in the wake of the Newtown shootings and the aftermath of last week’s Boston Marathon bombings, and now health privacy has joined the debate....more

BakerHostetler

HIPAA, Gun Control, and President Obama's Executive Actions: What You Need to Know

BakerHostetler on

All of the excitement surrounding the publication of the HIPAA Omnibus Final Rule may have overshadowed another very important development in health information privacy. On January 16, 2013, the Obama Administration released...more

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