News & Analysis as of

Health Information Technologies Electronic Protected Health Information (ePHI)

Quarles & Brady LLP

HHS OCR Withdraws Tracking Technologies Appeal in AHA v. Becerra

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On August 29, 2024, the U.S. Department of Health and Human Services (HHS) Office for Civil Rights (OCR) withdrew its appeal of the U.S. District Court for the Northern District of Texas’s (Court) June 20, 2024 decision in...more

Burr & Forman

Healthcare Provider Disincentives for Information Blocking

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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

McCarter & English, LLP

More Roadblocks For Information Blocking: HHS Finalizes Rule Establishing Disincentives for Hospitals, Clinicians, and ACOs

On July 31, 2024, the Department of Health and Human Services (HHS) final rule, 89 FR 54662, establishing disincentives for certain healthcare providers that have committed information blocking, will become effective. This...more

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

Massachusetts Attorney General Announces Breach Resources for Consumers Impacted by Change Healthcare Breach

The Massachusetts Attorney General’s Office (AGO) issued an announcement last week to inform consumers who may have had their personal information breached in Change Healthcare’s cyberattack this past February. The AGO was...more

Nelson Mullins Riley & Scarborough LLP

HHS Rule Targets Health Providers Blocking Patient Info Sharing (RIN 0955-AA05)

Healthcare providers are facing penalties for blocking access to a patient’s electronic health information under a new Biden administration rule. On June 24, the U.S. Department of Health and Human Services (HHS)...more

McCarter & English, LLP

ONC Shares Draft Federal Health IT Strategic Plan—A Catalyst for Private Entities

In March 2024, the Department of Health and Human Services—through the Office of the National Coordinator for Health IT (ONC)—released a draft 2024-2030 Federal Health IT Strategic Plan for public comment. A collaborative...more

Baker Donelson

Providers Take Note: The Common Agreement Version 2.0 Released

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The Office of the National Coordinator for Health Information Technology (ONC) released the anticipated Common Agreement Version 2.0 on April 22, 2024. Since 2016, the ONC has been working to implement the requirements of the...more

Manatt, Phelps & Phillips, LLP

New CMMI Innovation Models Support Digitally Enabled Care

With the recent announcements of two new innovation models, the Centers for Medicare & Medicaid Services (CMS) is recognizing the role of digitally enabled care in improving access and outcomes. ...more

Health Care Compliance Association (HCCA)

[Webinar] Responsible Use of Health Data - May 7th, 12:00 pm CT

To create awareness about the voluntary Responsible Use of Health Data (RUHD) certification program launched recently by the Joint Commission for US Hospitals. The webinar is intended to provide additional details about...more

McDermott Will & Emery

[Webinar] How to Prepare for New State Health Privacy Laws - March 12th, 3:00 pm - 4:00 pm EDT

New state privacy laws regulating health data impose significant obligations and heightened risks. In addition to existing laws in California, Colorado and other states, Washington State’s My Health My Data Act and Nevada’s...more

Manatt, Phelps & Phillips, LLP

Using Government Incentive Funds Does Not Create a Right to Remove: Eighth Circuit

On the second to last business day of last year, the U.S. Court of Appeals for the Eighth Circuit addressed when a private organization can invoke the federal officer removal statute, 28 U.S.C. § 1442. If a private...more

McDermott Will & Emery

New ONC Final Rule Expands Information Blocking Regulatory Exceptions

On December 13, 2023, the US Department of Health and Human Services (HHS) Office of the National Coordinator for Health Information Technology (ONC) issued the Health Data, Technology, and Interoperability: Certification...more

Burr & Forman

Proposed Penalties for Information Blocking Violations

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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

Manatt, Phelps & Phillips, LLP

HHS Finalizes Regulation of Certain AI

This week, the U.S. Department of Health and Human Services (HHS) took its first step in actually regulating the use of artificial intelligence (AI) in health care. Through its Office of the National Coordinator for Health...more

Robinson+Cole Health Law Diagnosis

ONC’s HTI-1 Final Rule Updates Information Blocking Regulations

On December 13, 2023, the Office of the National Coordinator for Health Information Technology (ONC) issued its final rule entitled “Health Data, Technology, and Interoperability: Certification Program Updates, Algorithm...more

Arnall Golden Gregory LLP

Information Blocking Penalties for Healthcare Providers: HHS Proposed Rule

The U.S. Department of Health and Human Services (“HHS”) on October 30, 2023, issued a Notice of Proposed Rulemaking (“NPRM”) to establish penalties for healthcare providers found to have committed information blocking. This...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

Holland & Knight LLP

Podcast: Discussing Information Blocking with Eddie Williams

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In this episode of our “Florida Capital Conversations” podcast series, healthcare attorney Eddie Williams joins to discuss the dissemination of electronic health information and provisions regarding information blocking. He...more

Manatt, Phelps & Phillips, LLP

Information Blocking Penalties to Take Effect September 1

More than three years after the federal government issued rules to prohibit “information blocking,” penalties for violating those rules are taking effect. September 1 marks the first day on which certain entities may face...more

Clark Hill PLC

OIG Releases Final Rule for Information Blocking Penalties

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On July 3, the Department of Health, and Human Services (“HHS”) Office of Inspector General (“OIG”) published a final rule establishing the statutory civil money penalties created by the 21st Century Cures Act (“Cures Act”)...more

ArentFox Schiff

OIG Finalizes Rule Authorizing Civil Monetary Penalties Against Information Blocking Violators

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A final rule published on July 3, 2023, empowers the US Department of Health and Human Services (HHS) Office of Inspector General (OIG) to impose civil monetary penalties (CMP) of up to $1 million for unlawful acts of...more

Quarles & Brady LLP

Diving into the Washington My Health My Data Act - Part Seven: Biometric Data

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This is Part Seven in a series of legal updates on the Washington My Health My Data (“WMHMDA”), where Quarles continues its deep dive into the various factors and intricacies of WMHMDA that are creating waves in the privacy...more

Akerman LLP - Health Law Rx

OIG Issues Information Blocking Penalties Final Rule: Health IT Developers and Health Information Exchanges/Networks Have a...

On June 27, 2023, the Department of Health and Human Services (HHS) Office of Inspector General (OIG) issued its long-anticipated final rule amending the OIG’s civil monetary penalty (CMP) regulations as they relate to...more

Polsinelli

HHS OIG Releases Final Information Blocking Enforcement Rule Applicable to Non-Provider Actors

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On June 27, 2023, the U.S. Department of Health and Human Services (“HHS”), Office of Inspector General (“OIG”) posted on its website a final rule implementing its civil money penalty (“CMPs”) authority and providing a...more

Burr & Forman

Focus on Electronic Health Information

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There have been several recent governmental actions which highlight the balance between securing electronic patient information and the need for interoperability and appropriate exchange of such information. This article will...more

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