News & Analysis as of

Health Insurance Portability and Accountability Act (HIPAA) Electronic Medical Records 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

Troutman Pepper

Final Rule Aligns 42 CFR Part 2 with HIPAA and HITECH

Troutman Pepper on

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

Ballard Spahr LLP

HIPAA Breach Notifications – A Question of Timing

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You are the HIPAA privacy official of a hospital or health plan (a covered entity under HIPAA). You receive an email from a vendor that handles protected health information (a business associate), informing you that one month...more

Marshall Dennehey

New Jersey Courts Address Plaintiffs’ Demands to Inspect Electronic Medical Records – Appellate Division Sides with Plaintiffs...

Marshall Dennehey on

Estate of Lasiw by Lasiw v. Periera, 475 N.J. Super. 378 (2023) - Plaintiffs have increasingly demanded to gain access to the Electronic Medical Records (EMR) of health care providers/facilities, citing Rule 4:18-1, and Rule...more

Foley & Lardner LLP

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

Foley & Lardner LLP on

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

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

Health Care Compliance Association (HCCA)

Report on Patient Privacy Volume 23, Number 1. Privacy Briefs: January 2023

Report on Patient Privacy Volume 23, no 1 (January 2023) The Centers for Medicare & Medicaid Services (CMS) said a data breach at a Medicare subcontractor impacted the personally identifiable information and protected...more

Reveal

Protecting Healthcare Records These Days is Like a Game of “Whac-a-Mole”

Reveal on

You’ve probably either played the game “Whac-a-Mole” yourself as a kid, or you watched your kid play it, at a Chuck E. Cheese or another similar arcade. It’s a simple game with five holes in which moles pop up and a soft...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

Stinson LLP

Health App Vendors Be Warned: You Could Be Subject to FTC's Health Breach Notification Rule

Stinson LLP on

The surge in new health apps and connected devices, which only increased during the pandemic, continues to raise many legal and ethical questions. As a result, lawmakers have been scrambling to define the obligations...more

Pullman & Comley - Connecticut Health Law

Vox Article on Vulnerabilities of COVID-19 Testing Registration System Serves as Reminder of the Dangers of Tracking Tech on HIPAA...

In 2018, we published an article on Walgreens’ use of session replay scripts and how such use could lead to an accidental data breach under HIPAA. Last week, an article in Vox explained how Walgreens was again apparently...more

Epstein Becker & Green

A Guide to Practical, Regulatory, and Reputational Risk Management

Ransomware Particularly Inflicts Health Care and Life Sciences Organizations - Ransomware is a malicious cyber threat vector that employs encryption malware to prevent users from accessing their systems and data unless...more

Akerman LLP - Health Law Rx

Providers: Cyberattacks Are Still Coming–Are You Prepared?

Cyberattacks against healthcare providers accounted for 79% of all reported data breaches in 2020. (See here). The U.S. Department of Health and Human Services’ (HHS) Office of the Assistant Secretary for Preparedness and...more

Davis Wright Tremaine LLP

Healthcare Systems Remain an Attractive Target for Ransomware Attacks

Users of Universal Health Services (UHS), one of the largest healthcare systems in the country, recently lost access to electronic medical records when UHS suffered a ransomware attack and took its systems offline to...more

Wiley Rein LLP

Compliance Roadblocks: Tackling Information Blocking Challenges in Health Care – Part 2

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In Part 1 of our information blocking series, we introduced readers to the fundamentals of information blocking, including definitional terms, information blocking exceptions, and compliance deadlines and penalties for health...more

Wiley Rein LLP

Compliance Roadblocks: Tackling Information Blocking Challenges in Health Care

Wiley Rein LLP on

On May 1, 2020, the U.S. Department of Health and Human Services (HHS) signaled a paradigm shift in the manner in which patient electronic health information (EHI) is accessed, used, and disclosed....more

Robinson+Cole Data Privacy + Security Insider

Community Health Systems, Inc. Settles for $5 M in Multi-State Settlement

On October 8, 2020, New Jersey Attorney General Gurbir Grewal (AG) announced that his office has entered into a multi-state settlement agreement with Community Health Systems, Inc. (CHS) stemming from an investigation of a...more

Robinson+Cole Data Privacy + Security Insider

Data Breach Regulatory Settlements Update

Regulatory bodies are upping the ante when it comes to settling with companies that have suffered data breaches. In addition to the below settlements, see also the settlement between the OCR and Dignity Health....more

Robinson+Cole Data Privacy + Security Insider

Athens Orthopedic Settles with OCR for $1.5M for Data Breach

The U.S. Department of Health and Human Services’ Office for Civil Rights (OCR) has announced that it has settled potential violations of HIPAA with Athens Orthopedic Clinic PA (Athens) for $1.5 million, following an...more

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

HIPAA Business Associate Pays $2.3 Million to Settle Breach Affecting Protected Health Information of Over 6 Million Individuals

With apologies to John Donne, ask not for whom the bells tolls, HIPAA business associates, it tolls for thee! While it has been the law for some time that business associates could be held directly liable for breaches,...more

Robinson+Cole Data Privacy + Security Insider

Size Doesn’t Matter for OCR Enforcement Actions

Small health care organizations may think they are under the radar of the Office for Civil Rights (OCR), but a settlement the OCR agreed to last week should disabuse small health care providers of that notion....more

Foley & Lardner LLP

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

Foley & Lardner LLP on

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

Over 30 Data Breach Incidents in Health Care Reported to HHS Thus Far in 2020, Affecting Over 1 Million Individuals

Health care organizations continue to be a popular target for hackers. According to information from the U.S. Department of Health & Human Services (HHS), over 30 reports of data breaches have been filed by health care...more

Epstein Becker & Green

HHS Addresses Federal Court Invalidation of Certain Provisions of the HIPAA rule Relating to the Third-Party Requests for Patient...

Epstein Becker & Green on

On January 28, 2020, the Department of Health & Human Services (“HHS”) Office for Civil Rights (“OCR”) addressed a federal court’s January 23rd invalidation of certain provisions of the Health Insurance Portability and...more

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