News & Analysis as of

Health Insurance Portability and Accountability Act (HIPAA) Confidential Information

Dickinson Wright

2024 Revisions to Part 2: Key Changes, Impact, and Compliance Tips

Dickinson Wright on

Previously published in Healthcare News and Healthcare Michigan. On February 8, 2024, the Department of Health and Human Services (HHS) finalized revisions to 42 CFR Part 2. Read on to learn more about Part 2, the changes,...more

Health Care Compliance Association (HCCA)

Privacy Briefs: August 2024

On July 19, Change Healthcare Ince. filed a breach report with HHS Office for Civil Rights (OCR) concerning its mammoth ransomware attack and breach. The organization’s breach report to OCR identifies just 500 individuals as...more

Jones Day

U.S. District Court Invalidates HHS Guidance Overreading HIPAA's Application to Online Technologies

Jones Day on

On June 20, 2024, a U.S. federal district court held, in a suit brought by Jones Day, that the Department of Health and Human Services ("HHS") had misapplied the Health Insurance Portability and Accountability Act ("HIPAA")...more

Hinch Newman LLP

Recent FTC Settlement a Reminder of Agency Focus on Disclosing Health Information to Third-Parties

Hinch Newman LLP on

On April 11, 2024, the Federal Trade Commission announced that it has banned an alcohol addiction treatment firm from disclosing health data for advertising purposes in order to settle agency charges that the company shared...more

Quarles & Brady LLP

New Rules Relating to Confidentiality of Substance Use Disorder Patient Records

Quarles & Brady LLP on

On April 16, 2024, the U.S. Department of Health and Human Services (HHS) finalized a rule modifying the Confidentiality of Substance Use Disorder (SUD) Patient Records (the Final Rule) codified at 42 C.F.R. Part 2 (Part 2)....more

Mintz - Health Care Viewpoints

HIPAA Privacy Protections for PHI related to Reproductive Health Care: The Final Rule and what Covered Entities and Business...

Earlier this week, the Biden-Harris Administration, through the Office for Civil Rights (OCR) announced a Final Rule aimed at protecting protected health information (PHI) related to lawfully provided reproductive health care...more

McDermott Will & Emery

HHS’s CARES Act Final Rule Better Aligns Part 2 Substance Use Disorder Patient Records Confidentiality Regulations with HIPAA

McDermott Will & Emery on

On February 8, 2024, the US Department of Health and Human Services (HHS) Office for Civil Rights (OCR) and Substance Abuse and Mental Health Services Administration (SAMHSA) jointly issued a final rule to amend the...more

McDermott Will & Emery

Healthcare Regulatory Check-up Newsletter | February 2024 Recap

McDermott Will & Emery on

This issue of McDermott’s Healthcare Regulatory Check-Up highlights regulatory activity for February 2024. We discuss various regulatory developments, including guidance on the use of AI in coverage decisions and texting...more

Stevens & Lee

Update to Federal Substance Use Disorder Treatment Records Privacy Regulations – Part 2

Stevens & Lee on

On February 16, 2024, the U.S. Department of Health and Human Services, through its Office for Civil Rights and its Substance Abuse and Mental Health Services Administration (“SAMHSA”), published the long-awaited Final Rule...more

U.S. Legal Support

The Benefits of Medical Records Retrieval Outsourcing

U.S. Legal Support on

From cases involving car crashes to employee termination disputes, there are countless reasons for legal professionals to require access to a client’s medical, employment, financial, and other records. What’s more, these...more

Bass, Berry & Sims PLC

Final Rule Helps Align Part 2 with HIPAA

On February 8, 2024, the U.S. Department of Health & Human Services, through the Substance Abuse and Mental Health Services Administration and the Office for Civil Rights (collectively, HHS), issued a Final Rule that amends...more

Quarles & Brady LLP

Substance Abuse Disorder Records (42 CFR Part 2) Final Rule Is Here!

Quarles & Brady LLP on

The U.S. Department of Health and Human Services (HHS) Office for Civil Rights (OCR) and Substance Abuse and Mental Health Services Administration (SAMHSA) released its anticipated Final Rule last week. The Final Rule revises...more

Holland & Knight LLP

Substance Use Disorder Confidentiality Regulations Modified to Align with HIPAA

Holland & Knight LLP on

After more than a year since the U.S. Department of Health and Human Services' (HHS) Office for Civil Rights (OCR) and Substance Abuse and Mental Health Services Administration (SAMHSA) issued the proposed changes to the...more

Orrick, Herrington & Sutcliffe LLP

Confidentiality of Substance Use Disorder Patient Records: What to Know About Updates to Part 2

The U.S. Department of Health & Human Services (HHS), through the Substance Abuse and Mental Health Services Administration (SAMHSA) and the Office for Civil Rights (OCR), has announced a final rule (the Rule) updating the...more

Williams Mullen

42 CFR Part 2 Final Rule Harmonizes Substance Use Disorder Confidentiality Protections with HIPAA

Williams Mullen on

On February 8, 2024, the federal Confidentiality of Substance Use Disorder (SUD) Patient Records regulations at 42 CFR Part 2 (Part 2) were revised in part to increase patient protection and streamline patient consent...more

Akin Gump Strauss Hauer & Feld LLP

New Jersey Data Protection Act: What Businesses Need to Know

On January 16, 2024, New Jersey became the first state to enact a comprehensive data privacy law in the new year, with Gov. Phil Murphy (D-NJ) signing the New Jersey Privacy Act (NJPA) (SB 332) into law. The New Jersey law...more

Fox Rothschild LLP

Confidentiality of Substance Use Disorder Records Now More Closely Aligned With HIPAA

Fox Rothschild LLP on

Today the U.S. Department of Health & Human Services (HHS) finalized rules published in December of 2022 changing the requirements for handling SUD patient information governed by 45 CFR part 2 (Part 2)....more

Mintz - Health Care Viewpoints

New York State Prepares to Regulate Hospital Cybersecurity Programs

On November 13, 2023, Governor Kathy Hochul announced plans to regulate cybersecurity for New York general hospitals regulated under Article 28 of the Public Health Law. As proposed, the regulations will provide an additional...more

ArentFox Schiff

The Generative AI Revolution: Key Legal Considerations for the Cannabis Industry

ArentFox Schiff on

For better or worse, generative artificial intelligence (AI) is already transforming the way we live and work. Within two months of its initial release to the public, ChatGPT reached 100 million monthly active users, making...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

Rothwell, Figg, Ernst & Manbeck, P.C.

Why Privacy And Trade Secret Law Are On A Collision Course

Can privacy law and trade secret law coexist, or is compliance with both impossible? We are experiencing the fourth industrial revolution, driven by the rise in data and connectivity, analytics and artificial intelligence....more

Reveal

Data Classification Policy: What it is and How it Can Boost Your Information Governance Efforts

Reveal on

An estimated 82% of the data breaches that occurred in 2022 involved human error or intentional misconduct. That’s why organizations need to be diligent in protecting their data from both internal and external threats. One...more

U.S. Legal Support

What Law Firms Should Know About HIPAA Compliance

U.S. Legal Support on

A legal case that involves any type of injury, illness, or healthcare means accessing medical records, either for your client or the opposition. Regardless of whether you use them for direct evidence or background...more

K&L Gates LLP

Confidentiality of Substance Use Disorder Records: Long-awaited NPRM Proposes Aligning Part 2 with HIPAA

K&L Gates LLP on

BACKGROUND - As we noted in prior health care alerts in 2020, the Coronavirus Aid, Relief, and Economic Security Act (CARES Act) significantly overhauled the federal law that governs the confidentiality of substance use...more

Hogan Lovells

HHS proposes significant changes to Part 2 substance use disorder records regulations

Hogan Lovells on

The U.S. Department of Health and Human Services (HHS) has proposed to significantly revise rules governing patient records in substance use disorder (SUD) programs, commonly known as the Part 2 rules, with important...more

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