News & Analysis as of

Health Care Providers Protected Health Information Data Protection

Kelley Drye & Warren LLP

HIPAA Privacy Rule Revisions Address Reproductive Protected Health Information

The Department of Health and Human Services (the ​“HHS”) recently issued a final rule (the ​“Final Rule”) amending the Health Insurance Portability and Accountability Act (“HIPAA”) Privacy Rule. Among other things, the Final...more

Fisher Phillips

Disclosure of Data Through Website Cookies May Be a Data Breach – What A Recent Court Ruling Means for Healthcare Businesses

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A California federal court recently ruled that disclosure of certain data collected through website cookies that may qualify as health information could trigger a data breach under the California Consumer Privacy Act (CCPA) –...more

Baker Botts L.L.P.

2024 HIPAA Action Items for Health Plans

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In light of the changing legal landscape following Dobbs v. Jackson Women’s Health Organization, the Department of Health and Human Services (the “Department”) issued a final rule (link, and corresponding fact sheet link)...more

Ballard Spahr LLP

The FTC's Revised Health Breach Notification Rule Is Now in Effect

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The Federal Trade Commission (FTC) continues to enforce and update its Health Breach Notification Rule (HBNR) amidst a fast-changing regulatory environment. A new rule, which took effect this week, expands the scope of the...more

Orrick, Herrington & Sutcliffe LLP

FTC Health Breach Notification Rule Update: 6 Things You Should Know

The Federal Trade Commission (FTC) has updated its Health Breach Notification Rule that applies to non-HIPAA, consumer health data. Among the revisions, the FTC expanded or introduced key definitions and modified the...more

McGuireWoods LLP

Senior Living Alert: HIPAA Security Rule Compliance for Senior Living Facilities

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The U.S. Cybersecurity & Infrastructure Security Agency has deemed healthcare entities “target rich, cyber poor,” meaning they have copious amounts of consumer and patient data but often do not have the cybersecurity means to...more

Quarles & Brady LLP

Deadline for Employers to Comply with Reproductive Health Care Privacy Changes – Dec. 22, 2024

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In May 2024, the Department of Health and Human Services issued a final rule amending HIPAA’s Privacy Rule to address reproductive health care privacy. The final rule was prompted by the Supreme Court’s 2022 ruling in Dobbs...more

Faegre Drinker Biddle & Reath LLP

FTC Updates Health Breach Notification Rule

On July 1, 2024, the amendments to the Health Breach Notification Rule (HBNR) went into effect. First promulgated in 2009, the HBNR applies to vendors of personal health records — entities that are not covered by the Health...more

Akerman LLP - Health Law Rx

FTC’s Updated Health Breach Notification Rule Puts Health App Developers on Notice

The Federal Trade Commission’s (FTC) years-long effort to modernize its Health Breach Notification Rule (HBNR) in the midst of a swiftly changing technological landscape appears to be coming to an end. On Thursday, May 30,...more

Clark Hill PLC

HHS Bulletin on Online Tracking Technologies Declared Unlawful: What Covered Entities and Business Associates Need to Know About...

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Online tracking technologies are used by healthcare and hospital systems throughout the United States to analyze their website traffic, personalize content, and provide relevant information to website visitors, some of whom...more

Manatt, Phelps & Phillips, LLP

[Webinar] Understanding Recent Developments in Health Care Privacy Laws - July 24th, 10:00 am - 11:00 am PST

This year, the federal government has made significant changes to longstanding health care privacy rules, while state lawmakers continue to enact privacy restrictions on consumer health data. These reforms modify legal...more

Hogan Lovells

FTC finalizes revised health breach notification rule expanding its scope and updating companies’ obligations

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On May 30, 2024, the FTC published amendments to its Health Breach Notification Rule (“HBNR” or “Rule”) in the Federal Register, memorializing the Rule’s expanded scope that now explicitly includes direct-to-consumer health...more

Vedder Price

FTC Finalizes Broader Changes to the Health Breach Notification Rule

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On April 26, 2024, the Federal Trade Commission (FTC) announced that it had finalized changes to the Health Breach Notification Rule (HBNR). These changes, which go into effect on June 25, 2024, are intended to modernize...more

McGuireWoods LLP

Ounce of Prevention: Are You Keeping Track of Your Business Associate Agreements’ Requirements?

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Applicable Provider Types: All - Is Your Entity in Compliance? The Health Insurance Portability and Accountability Act of 1996, as modified by the Health Information Technology for Economic and Clinical Health Act of 2009...more

Fisher Phillips

Insider Threats to Healthcare Data: What You Need to Know and 5 Steps You Can Take Now

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Healthcare data breaches are occurring more frequently and on larger scales than ever before – and while you defend against cyberattacks and other external threats, make sure you do not overlook the critical role your...more

McGuireWoods LLP

Ounce of Prevention: Do You Have Business Associate Agreements With Every Required Party?

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Applicable Provider Types: All - Is Your Entity in Compliance? The Health Insurance Portability and Accountability Act of 1996, as modified by the Health Information Technology for Economic and Clinical Health Act of 2009...more

Epiq

Healthcare Organizations Can Meet New HHS Cybersecurity Goals with the Help of Tabletop Exercises

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In today’s digital age, securing sensitive healthcare data is paramount. With the rise in cyber threats targeting healthcare organizations, the Department of Health and Human Services (HHS) has taken proactive steps to...more

Orrick, Herrington & Sutcliffe LLP

Biden Administration Updates HIPAA to Protect the Privacy of Reproductive Health Care

The Department of Health and Human Services (HHS), through the Office for Civil Rights (OCR), has issued a final rule updating the Health Insurance Portability and Accountability Act (HIPAA) Privacy Rule in an effort to...more

Foley Hoag LLP - Security, Privacy and the...

FTC's Updated Health Data Breach Rule Covers Apps, Other New Tech

The FTC has updated its HBNR to clarify that the rule also restricts marketing practices involving personal health information. This update to the HBNR was announced on April 26, 2024, and follows several recent enforcement...more

Cranfill Sumner LLP

HIPAA and the Practitioner’s Perspective: Appreciating the Risk

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The practicing doctor (presumably) knows that he or she is (likely) subject to the Health Insurance Portability and Accountability Act of 1996 (“HIPAA”). Less certain is whether said practitioner knows just what that means....more

Cooley LLP

Understanding Washington’s My Health My Data (MHMD) Act: Applicability, Scope and Requirements

Cooley LLP on

On January 31, 2024, Cooley lawyers Brooke Fritz and Andrew Epstein led a virtual presentation on Washington state’s My Health My Data (MHMD) Act. Below are some key highlights from the discussion....more

Tucker Arensberg, P.C.

HIPAA Fundamentals for Providers

Tucker Arensberg, P.C. on

In March of this year, The Office for Civil Rights of the Department of Health and Human Services issued a letter addressing the recent cybersecurity incident impacting many health care entities, primarily Change Healthcare,...more

Cooley LLP

Washington State’s My Health My Data Act FAQ, Part Three – Enforcement Risks

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In Part Three of our FAQ series on Washington state’s My Health My Data (MHMD) Act, we answer questions related to the MHMD Act’s enforcement risks – including the much-feared private right of action....more

Clark Hill PLC

It’s Here – The Who, What and How of Washington’s New “My Health My Data” Act and Its Private Right of Action

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Enforcement of Washington’s My Health My Data Act (MHMDA or the Act) starts now. Passed by the Washington state legislature last year and designed broadly to protect “consumer health data,” the Act is one part of a larger...more

Orrick, Herrington & Sutcliffe LLP

Nevada and Washington Consumer Health Privacy Laws Take Effect March 31

Two new privacy laws regulating consumer health data in Nevada and Washington take effect March 31.  These novel laws take an expansive view of “consumer health data” and cover much more data than you may expect....more

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