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Healthcare Protected Health Information Personally Identifiable Information

Ballard Spahr LLP

2024 HIPAA Developments

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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

Seyfarth Shaw LLP

Keeping with the Times - FTC Expands Scope of Health Breach Notification Rule, Even as HHS Announces Its Own HIPAA Update

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On April 26, 2024, the Federal Trade Commission (“FTC”) announced it had finalized changes to modernize the Health Breach Notification Rule (the “HBNR”) by clarifying its applicability to health and wellness apps and other...more

Troutman Pepper

Final Rule Aligns 42 CFR Part 2 with HIPAA and HITECH

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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

Troutman Pepper

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

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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

Polsinelli

Biden’s October 30, 2023, Executive Order on AI: Key Takeaways for Health Care Stakeholders

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The emergence of generative machine learning models, such as ChatGPT, has led to a surge in interest in artificial intelligence (“AI”) over the past year. This increased interest extends to the health care industry, where AI...more

Ankura

Is Your DNA Safe? DNA Sequencing Machines Found to Contain Critical Vulnerabilities

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Key Points: Illumina DNA sequencing machines are vulnerable to exploitation. Both the Cybersecurity and Infrastructure Security Agency (CISA) and the Food and Drug Administration (FDA) have published advisories urging all...more

Foley & Lardner LLP

Changing Landscape: Federal and State Regulators Focus on Protecting Consumer Health Data

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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

Kohrman Jackson & Krantz LLP

Federal Court Rules No Common Law Duty to Prevent or Respond to Data Breaches

Like most healthcare entities, Indiana’s Trinity Health collects, stores, maintains and uses a large volume of particularly sensitive information about patients and others, including Personally Identifiable Information (PII)...more

Health Care Compliance Association (HCCA)

Privacy Briefs: May 2023

Five former Memphis-based hospital employees and another man have pled guilty to unlawfully disclosing patient information in violation of HIPAA, U.S. Attorney for the Western District of Tennessee Kevin Ritz announced....more

Wyrick Robbins Yates & Ponton LLP

My Health, My Data, My Class Action Lawsuit: Why the Washington My Health My Data Act Deserves EVERY Company’s Attention

To say there’s been a lot of new privacy law in the last decade is an understatement. For those of us who think we’ve “seen it all,” many of these new laws arrive and elicit a sense of challenge (for the optimists) or mild...more

Robinson+Cole Data Privacy + Security Insider

Reporting of Breaches Under 500 Due by March 1

HIPAA requires covered entities and business associates to report to the Office for Civil Rights (OCR) all breaches of unsecured protected health information when the incident involves fewer than 500 individuals no later than...more

Wyrick Robbins Yates & Ponton LLP

App-etite for Notification: FTC Says “Welcome to the Jungle” to Mobile Health App Developers in Policy Statement on Health Breach...

Last week’s news that the Federal Trade Commission is taking steps to begin rulemaking on consumer privacy and artificial intelligence drew plenty of attention from privacy professionals, and suggests 2022 could be an...more

Sheppard Mullin Richter & Hampton LLP

FTC Warns Digital Health Industry to Comply with its Breach Notification Rule

The use of apps, wearables, and other devices used to track health and wellness data have continued to rise. The FTC again signaled its focus on this growing industry in a statement on the scope of the Health Breach...more

Foley & Lardner LLP

COVID-19: HHS Permits Business Associates to Use and Disclose PHI for Public Health and Health Oversight Purposes Without Amending...

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The Department of Health and Human Services (HHS) announced on April 2 that HHS is exercising its enforcement discretion to permit business associates to use and disclose protected health information (PHI) for public health...more

Robinson+Cole Data Privacy + Security Insider

Jackson Health System Fined by OCR for $2.15 Million

The Office for Civil Rights (OCR) announced on October 23, 2019, that Jackson Health System (“Jackson”), a not for profit hospital system comprised of six hospitals, urgent care centers, nursing facilities and primary care...more

Robinson+Cole Data Privacy + Security Insider

Dental Practice Pays $10,000 Fine to OCR for Disclosing PHI on Social Media

Elite Dental Associates (Elite), located in Dallas, Texas has agreed to settle alleged HIPAA violations with the Office for Civil Rights (OCR) for $10,000....more

Robinson+Cole Data Privacy + Security Insider

Ransomware Attacks Double in 2019: Medical Providers Can’t Recover and Shut Down

Consistent with our experience, security firm McAfee has confirmed in a report that ransomware attacks have doubled in 2019. Medical providers have been hit hard this year, and one provider, Wood Ranch Medical, located in...more

Robinson+Cole Data Privacy + Security Insider

Healthcare Organizations Have Highest Costs for Data Breaches

As readers of this blog know, data breaches in the health care industry are all too common. Healthcare organizations are an attractive target for hackers because of the nature and amount of personal information that they...more

Robinson+Cole Data Privacy + Security Insider

Premera Blue Cross Settles for $10M with 30 States for 2014 Data Breach

Following an investigation led by the Washington Attorney General, Premera Blue Cross has agreed to pay $10 million to 30 states after experiencing a data breach in 2014 that compromised the Protected Health Information of...more

Robinson+Cole Data Privacy + Security Insider

Physician Convicted of HIPAA Violation Receives Probation

According to reports, a Georgia-based physician who previously pleaded guilty to criminal violations of the Health Insurance Portability and Accountability Act (HIPAA) received six months of probation from a Massachusetts...more

Robinson+Cole Data Privacy + Security Insider

New Jersey AG Announces $200,000 Settlement with Business Associate and Permanent Ban for BA’s Owner due to 2016 Data Breach...

On November 2, 2018, the New Jersey Attorney General announced a settlement worth up to $200,000 with a former medical transcription company responsible for a breach affecting medical records of up to 1,654 patients of a New...more

Ballard Spahr LLP

Beware the Bright Lights

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The Office of Civil Rights of the Department of Health and Human Services has announced settlements with three different Boston-area hospitals for allegedly compromising the privacy of protected health information by inviting...more

Robinson+Cole Data Privacy + Security Insider

Years-Long Exposure of Sensitive Client Information Results in $200,000 Settlement with New York Attorney General

In late August, the Attorney General of the State of New York announced a $200,000 settlement with a New York-based non-profit organization that provides services to developmentally disabled individuals and their families...more

Robinson+Cole Data Privacy + Security Insider

July Worst Month in 2018 for Healthcare Data Breaches Reported to OCR

Data breaches continue to plague the healthcare industry, and July 2018 was the worst month so far this year in the number of data breaches reported to the Office for Civil Rights (OCR). ...more

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